Day 165 - 27 Sep 95 - Page 03
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2 MR. RAMPTON: No 673, A to E.
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4 MR. JUSTICE BELL: Can you help me on one matter? Ms. Steel
5 said it would help cross-examination as to credit. What is
6 the information which I have at the moment as to just what
7 in the anticipated Enquiry Agents' evidence is disputed?
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9 MR. RAMPTON: My Lord, I do not know if your Lordship has
10 anything beyond what is found in the Defence statements.
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12 MR. JUSTICE BELL: Maybe I should have a look at those again,
13 but what is there? I mean, maybe it is said that they deny
14 publishing this leaflet, but what do I know about whether
15 they dispute what a particular enquiry agent says they said
16 about McDonald's at a particular meeting?
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18 MR. RAMPTON: They have not dealt with that.
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20 MS. STEEL: Actually, that is incorrect. There is a particular
21 dispute that is referred to in my statement where I say
22 that I -----
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24 MR. JUSTICE BELL: Refer me to it.
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26 MS. STEEL: OK. Defendants' witness statements, section F.
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28 MR. JUSTICE BELL: Yes.
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30 MS. STEEL: On page 2 of my statement which is at tab 1, towards
31 the bottom of that page, the last full paragraph, I state:
32 "I have never at a meeting or anywhere else stated that
33 I assisted with the production and distribution of the
34 leaflet complained of in this action. I have never at a
35 meeting or anywhere else either said or acknowledged that
36 I either alone or with others was responsible for
37 organising a McDonald's fair". That is something that was
38 alleged in the evidence of Mr. Alan Clare which,
39 I believe, is taken from his notes.
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41 MR. RAMPTON: Yes, my Lord. It is taken from his notes. It is
42 taken from the notes accompanying his first statement and
43 the Defendants have got the whole of those notes, as it
44 happens.
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46 MS. STEEL: That is by way of an example. There are other
47 things that we do wish to challenge.
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49 MR. JUSTICE BELL: Where do I have the material for that at the
50 moment? I will be quite candid about why I raise that, it
51 is this, that quite apart from anything Thorpe says about
52 discovery of documents which go as to credit, it is
53 suggested that in the gaps there may be some material upon
54 which the enquiry agents could be cross-examined as to
55 credit, but I do not even know at the moment whether they
56 are going to be cross-examined as to what they say on the
57 bits which do refer to you and Mr. Morris and to
58 McDonald's. I do not know whether they are going to be
59 disputed.
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