Day 165 - 27 Sep 95 - Page 06
1 at the moment I am a bit disconcerted is that the prospect
2 of the enquiry agent going into the witness box, and if you
3 had disclosure of the bits which were admitted at the
4 moment, you cross-examine him about those bits on the basis
5 that I accept for the moment what Mr. Rampton has said
6 about them not relating to you or to McDonald's, so you are
7 cross-examining an enquiry agent about the accuracy of what
8 he has said or written about something which is not to do
9 with you or McDonald's, when I do not even know how much
10 you actually challenge of what he says about you and
11 McDonald's which is what the case is about.
12
13 MS. STEEL: I think that you have misread the part that
14 I referred you to in my statement and perhaps it might help
15 if I referred you to the statement of Mr. Alan Clare at the
16 same time?
17
18 MR. JUSTICE BELL: Yes, it probably would; let us look at that.
19
20 MS. STEEL: That is in yellow volume II, tab 4.
21
22 MR. JUSTICE BELL: Yes.
23
24 MS. STEEL: On page 2 of Mr. Clare's statement on bundle page
25 51.
26
27 MR. JUSTICE BELL: Sorry, you said yellow volume II?
28
29 MS. STEEL: Yes, tab 4, Alan Clare. In paragraph 5 at the end
30 of this: "During this discussion she also stated", that is
31 me, "that she had assisted with the production and
32 distribution of the anti-McDonald's leaflets". Somewhere
33 else it actually says "of the leaflet complained of". I do
34 not know whether that is in the pleading.
35
36 MR. JUSTICE BELL: Yes. Let us accept that for the moment.
37
38 MS. STEEL: Anyway, if you then go to my statement, the second
39 page of it.
40
41 MR. JUSTICE BELL: Yes, the piece you have read?
42
43 MS. STEEL: Yes, the piece I have read. "I have never at a
44 meeting or anywhere else stated that I assisted". I am
45 directly refuting what Mr. Clare has alleged that I said
46 there.
47
48 MR. JUSTICE BELL: When we come to think about whether he has
49 got it right, or if you give evidence to that effect,
50 I should accept what you say, I have got to look at, even
51 you argue, some peripheral things. You say I have to look
52 at material even about what you may have said about
53 something which was nothing to do with McDonald's because
54 you may be able to challenge that successfully -----
55
56 MR. RAMPTON: My Lord, that is not right because every reference
57 to either of the Defendants has been included in the parts
58 that we have disclosed. Nothing has been excluded which
59 mentions the Defendants.
60
