Day 261 - 12 Jun 96 - Page 11
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2 MR. MORRIS: Not the whole case. I am just talking about in
3 terms of us.
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5 MR. JUSTICE BELL: I cannot remember now. I would have to look
6 back and see what he said when he gave his evidence
7 originally, and that includes what is in his statement.
8 You see, he says "a copy of which I append at appendix 1",
9 and that is the information about Greenpeace. I do not
10 have the situation at my fingertips. He says there was a
11 leaflet to promote the fair, in paragraph 8; that is
12 appendix 2. He then says ---
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14 MR. MORRIS: Paragraph 12.
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16 MR. JUSTICE BELL: -- "During the course of the meeting,
17 leaflets including 'What is wrong with McDonald's', a copy
18 of which is appendix 3, were kept on shelves"; and that
19 appears to be the leaflet which is complained of.
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21 So, although he says he cannot remember precisely which
22 leaflets -- let me complete my note -- to Kings, I also
23 have his evidence that during the course of the meeting,
24 leaflets, including the leaflet complained of, were kept on
25 shelves on one side of the room.
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27 At the end of the day, I have to look at all the evidence
28 and decide, on balance of probabilities, which leaflets
29 were where, or decide whether, on balance of probabilities,
30 the leaflet complained of was here or there or dealt with
31 in this way or dealt with in that way.
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33 MR. RAMPTON: My Lord, I add this: I asked the witness about
34 paragraph 13 of his first statement, and I asked him what
35 he meant by "this leaflet", and he said he meant the
36 leaflet complained of.
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38 MR. JUSTICE BELL: Very well. There we are. I have to look at
39 all of it and see what I can be satisfied of, on balance of
40 probabilities, and what I cannot.
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42 MS. STEEL: I mean, that was with reference to your statement of
43 2nd August, and the notes of 2nd August do not actually
44 make any reference to leaflets being on the shelves, or
45 anything like that. So -----
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47 MR. JUSTICE BELL: Well, ask him questions about it. If this is
48 important to you and you want to challenge that leaflets
49 were on the shelves (at paragraph 12) or that those present
50 were encouraged to take a number of leaflets for
51 distribution, and then the evidence which Mr. Rampton has
52 just reminded us of, if you want to challenge that, do
53 challenge it; and if you do not get the answer you like and
54 you want to ask him why it is not in his notes, ask him.
55 That is cross-examining in the normal way about it. But do
56 not make any assumption in the case that -- this is just a
57 general comment, not particularly directed at this -- that
58 one favourable answer resolves an issue -- just listen for
59 a moment, just listen, please -- that one favourable answer
60 resolves an issue in your favour, because one has to look
