Day 306 - 26 Nov 96 - Page 07
1 present. We would say that the Plaintiffs have to show
2 positive evidence of members of the public being present
3 and, in fact, of course, taking copies of the fact sheet at
4 any particular event or meeting which they are using as an
5 example, using as evidence, and their witness completely
6 failed to show either members of the public or, indeed,
7 that that identified members of the public picked up a fact
8 sheet.
9
10 He says at the bottom of page 4 and top of page 5 where he
11 quoted the words "Anarcho Punk Movement", he may have
12 actually made a mistake. I think we heard evidence that it
13 was actually Anarcho Pacifist Movement, which may not be a
14 big thing, but it just shows the unreliability of relying
15 on notes. Obviously, some parts of the exact wording is
16 crucial. He said the meeting was very informal, that is
17 page 5, line 18, throughout the whole of the meeting and
18 I think that that is a feature of all of the Plaintiffs'
19 witnesses, in fact all of the witnesses on the subject,
20 that all the meetings were very informal and, therefore,
21 they cannot constitute a formal decision-making process,
22 and we would say that the burden of proof is on the
23 Plaintiffs to show me and Helen's direct involvement in a
24 decision and support of a decision leading to distribution
25 of the fact sheet, not just attendance at a meeting, a very
26 informal meeting.
27
28 Bottom of page 5 he says, basically, he cannot remember
29 what the discussion about the annual mail-out, who said
30 what when. In fact, he could not picture the process of
31 what happened in his mind, he said. He could not remember
32 me speaking at all on the topic. That is page 6, line 18.
33
34 Regarding the McMoscow trip, he cannot say how that came to
35 be raised. He was asked about whether he remembered a
36 letter that had arrived with that proposal in it and
37 I think another of our witnesses had stated that was what
38 had happened. He said, "It is possible that it happened
39 that way, but I do not remember". Page 7, about the
40 international mail-out, I asked him: "Do you remember all
41 the other leaflets that might have been going in [the
42 mail-out] being discussed? Answer: No. I think, as I
43 recall, that was the only one." That is line 9. "I cannot
44 recall that others were meant to go in it", and, as we have
45 heard, the mail-out had a substantial amount of leaflets in
46 it, none of which was a leaflet about McDonald's. So, it
47 is a completely unsafe recollection or non-recollection
48 report that he is relying on that he had not written
49 himself. Obviously, the person who typed up the report
50 might have felt that was the only significant point and
51 dropped all the other leaflets, or whatever. We do not
52 know.
53
54 I put to him that I would never use the word "customary";
55 "Could it be that somebody else said that or that you have
56 just reported it incorrectly? Answer: "Yes. It might
57 have been my word, but the other alternative, I suppose,
58 could be 'usual', something of that nature." Then I
59 said: "Is it possible that it was actually somebody else
60 said that?", and that he put it down to me because I was
