Day 305 - 25 Nov 96 - Page 12
1 then, as a result of an effective agreement with
2 McDonald's, in an amended form.
3
4 This further backs up our point that the Plaintiffs must
5 show that any publication by others in the relevant times
6 must have emanated from me or Helen -- because it may have
7 emanated from Veggies, it may have emanated from London
8 Greenpeace pre-1987 distribution, or it may have emanated
9 from Veggies with McDonald's effective sanction.
10
11 In terms of the period of time when the Plaintiffs had
12 agents involved in London Greenpeace coming along to
13 meetings, we had already heard how the fact sheet had run
14 low by October 1989. I have not got the reference to that,
15 but that is the one which I think Mr. Gravett said how
16 there was a letter sent out saying fact sheets were
17 available on request, but only two or three can be had by
18 each person, because stocks were low. But, in any event,
19 Mr. Gravett stated it had run out by March 1990. Virtually
20 all the evidence seems to coincide with that as being the
21 running out time.
22
23 It is also clear, as we are going through the history of
24 the fact sheet, that there was no intention to reprint the
25 fact sheet, because Mr. Gravett was promising to revise and
26 update it. So, here we have a fact sheet which is,
27 well -----
28
29 MR. JUSTICE BELL: I think what may be said against you in
30 relation to production is that if the fact sheet was
31 produced by you, with others, in 1986 and/or 1987, it was
32 with a view to publication as the occasion arose
33 thereafter, so that you are, in fact, responsible for any
34 publication of it thereafter, including any publication
35 which occurred between September 1987 and September 1990.
36 That may be the way, in part, the case is put against you.
37
38 MR. MORRIS: There is no evidence that the phrase in the
39 Haringey affidavit which McDonald's are entirely reliant
40 on -- "This arose from leaflets we had produced concerning
41 McDonald's food", et cetera -- applies to 1986 and 1987.
42 In fact, as the evidence was, Ms. Steel was not involved
43 with the group at that time, so it cannot possibly refer
44 to -----
45
46 MR. JUSTICE BELL: I have all those points, and I will take them
47 into account. I am just trying to help you by saying the
48 way I could foresee it might be put against you: that if,
49 despite all those facts which I have taken into account,
50 I was satisfied, at the end of the day -- if I was, and
51 I underline "if" several times -- that you were involved in
52 production of the leaflet, and if I thought that that must
53 have been in 1986 and/or 1987, that that production could
54 only have been with a view to publishing the copies of the
55 leaflet which were made as and when a suitable occasion
56 arose in the future, and, when copies of the leaflet were
57 published, if they were published as and when a suitable
58 occasion arose in the future, including between
59 September 1987 and September 1990, then you were
60 responsible for it and those publications were still your
