Day 110 - 29 Mar 95 - Page 21
1 for it.
2
3 MR. RAMPTON: One recalls that she was interrogated about it and
4 said that she could not remember, not that she did not do
5 it.
6
7 MS. STEEL: Before this keeps going down as I just "I cannot
8 remember", it is stronger than that. It is: "I cannot
9 remember but I do not think so". This will be an issue and
10 it is not accepted that I did hand out a leaflet.
11
12 MR. RAMPTON: In that case I have to accept that that is going
13 to be the Defendants' case. In that case, I do not know
14 that there is any benefit to be served in calling any
15 publication witnesses at this stage unless I call the whole
16 lot, which I can easily, subject of course to the
17 arrangements of poor Mr. Beavers and Mr. Stein. Some of
18 them are independent people; I would have to find out when
19 they could come to give evidence. If what Ms. Steel is now
20 saying is the case she is going to put, for example,
21 Mr. Carroll, there is not much point just calling
22 Mr. Carroll on his own or Mr. Nicholson.
23
24 MS. STEEL: It is not what I am now saying. I have said this
25 all long. The fact is that the interrogatories were not
26 served until years after the demonstration. It is hard to
27 remember what you were doing on a particular day. I do
28 have good reason for a firm belief I was not handing out
29 the leaflet. I do not particularly want to go further than
30 this because I am not giving evidence at present, but it
31 will be contested and it is not something that is new.
32
33 MR. RAMPTON: Is there to be a supplemental witness statement
34 then, because everything Ms. Steel and Mr. Morris have to
35 say on the issue of publication must be contained in their
36 witness statements?
37
38 MR. JUSTICE BELL: In the light of what Ms. Steel has just said,
39 I really think, if I may say so, Mr. Rampton, you ought to
40 reconsider calling your publication evidence sooner rather
41 than later. There may then be a long gap before I hear the
42 Defendants' evidence in relation to publication or
43 non-publication, but so be it. I have the benefit of
44 sitting on my own and I can refresh my memory when they
45 come to give evidence by the transcripts and my own notes
46 and so on.
47
48 MR. RAMPTON: I am not sure, my Lord, what help it would provide
49 your Lordship with because I call my witnesses, they give
50 their evidence, assume they come up to proof and that they
51 all assert one way or another that the Defendants on
52 different occasions published this leaflet. They are then
53 cross-examined. There is an argy-bargy, "I didn't" "You
54 did", and so on. Then the thing goes into limbo. I am not
55 sure where it leaves your Lordship.
56
57 MR. JUSTICE BELL: At least it leaves me with or without a prima
58 facie case on publication.
59
60 MR. RAMPTON: You would only not have a prime facie case if my
