Day 305 - 25 Nov 96 - Page 03

     
     1        effectively involved in London Greenpeace.
     2
     3        I would say that there is only one reason why they could
     4        possibly have failed to come up with any evidence of causal
     5        responsibility or that I was an active party to
     6        publication, despite all their extensive efforts.  It is
     7        not because they actually failed to find out my
     8        involvement, or whatever; it is obviously because I was not
     9        involved in publication, directly or indirectly, of the
    10        London Greenpeace fact sheet.  As I go through the details
    11        later on -----
    12
    13   MR. JUSTICE BELL:  You say "later on"; how are you going to go
    14        about that?
    15
    16   MR. MORRIS:  Well -----
    17
    18   MR. JUSTICE BELL:  Are you going to give them to me in writing
    19        by the deadline I gave you?
    20
    MR. MORRIS:  I was going to probably deal with Jack Russell this
    22        afternoon.
    23
    24   MR. JUSTICE BELL:  Very well.
    25
    26   MR. MORRIS:  But I have not had time to deal with the others;
    27        and I was going to flag up in writing, if possible, the ---
    28
    29   MR. JUSTICE BELL:  Very well.
    30
    31   MR. MORRIS:  -- references.  I had a bit of a nightmare weekend,
    32        domestically.
    33
    34   MR. JUSTICE BELL:  You need not give any explanation.  It is
    35        just that you have mentioned it twice, so I wanted to know
    36        what your plan was.
    37
    38   MR. MORRIS:  I think that -- if I can say one general point, and
    39        I have said it on other issues -- this, of all issues, if
    40        anything, you could not get more fundamental than this; and
         my case is that there is no case to answer, and that what
    42        evidence appeared in statements of the Plaintiffs'
    43        witnesses effectively collapsed under cross-examination, in
    44        terms of any responsibility of mine for the publication of
    45        the fact sheet.  Therefore, I would appeal that if you do
    46        check your notes, or even original transcripts, that that
    47        would be a priority in my case, because I have not had time
    48        to go through them all.  I will attempt to do that.
    49
    50   MR. JUSTICE BELL:  Yes. 
    51 
    52   MR. MORRIS:  We would say that the pathway from the Defendants, 
    53        and myself in particular, to a member of the public,
    54        showing the distribution of the fact sheet and
    55        responsibility of that distribution to the specific
    56        Defendant, must be shown; and it must have a positive
    57        character, the evidence, not just ifs and maybes and "we
    58        infer", and whatever.  As we have shown, it cannot be lack
    59        of dissent -- even though, of course, in my case, evidence
    60        was given by McDonald's own witnesses of my dissent about