Day 165 - 27 Sep 95 - Page 04
1 I am aware of this general statement here and, therefore,
2 in so far as any enquiry agent says that he saw either
3 Ms. Steel or Mr. Morris with a copy of this leaflet in hand
4 or discussing this leaflet, I anticipate that that will be
5 challenged, but what I do not know is whether the other
6 matters which one can anticipate the enquiry agents will
7 speak to, where it is said that either Ms. Steel or
8 Mr. Morris said this or that in relation to McDonald's, or
9 an anti-McDonald's fair and so on, all of which is, as
10 I understand it, the Plaintiffs rely on to build up a
11 picture, whether that is disputed or not at the moment.
12
13 MS. STEEL: The answer to that is obviously, yes, certainly we
14 will be disputing. I mean, we may not be disputing
15 everything they say, but there are quite considerable parts
16 that we will be disputing.
17
18 MR. JUSTICE BELL: I have absolutely no notice of that in either
19 your statement or Mr. Morris'.
20
21 MS. STEEL: I have given you one example. We have not finished
22 preparing cross-examination, obviously, because we have
23 only just got these new notes etc., but I have given one
24 example of a blatantly obvious dispute between the two
25 parties based on the notes that one of these witnesses says
26 that they made after the meeting and which, obviously, we
27 dispute are an accurate record of what took place.
28
29 MR. JUSTICE BELL: I merely note now that at the moment in the
30 statements there is not anything which says: "I did not
31 say this, or that or the other as spoken to by the enquiry
32 agent", unless you point me to it.
33
34 MS. STEEL: I do not understand. I have just given you an
35 example. That is something that was directly said by an
36 enquiry agent.
37
38 MR. JUSTICE BELL: Where is it in your statement? I have the
39 point about: "I have never at any meeting or anywhere else
40 stated that I assisted with the production and distribution
41 of the leaflet".
42
43 MS. STEEL: Yes. That is a statement made by one of the enquiry
44 agents that I said that.
45
46 MR. JUSTICE BELL: They make many, many statements. We were
47 looking at some of them yesterday, were we not? If what
48 you are saying is: "Well, we have not had time to prepare
49 additional statements dealing with the specific allegations
50 which are made in the enquiry agent" -----
51
52 MS. STEEL: Are you saying that I should have said: "As
53 alleged by the enquiry agent"?
54
55 MR. JUSTICE BELL: No.
56
57 MS. STEEL: Because, as far as I can see -- I am sorry, I do not
58 understand the difference.
59
60 MR. JUSTICE BELL: We looked yesterday at various paragraphs of
