Day 259 - 10 Jun 96 - Page 02

     1                                           Monday, 10th June, 1996
     3                 SIDNEY THOMPSON NICHOLSON, recalled
     4             Cross-examined by the Defendants, continued
     6   MR. MORRIS:  Can I just say there is a supplementary statement
     7        of Patrick Smith.  It is only in draft form, but we thought
     8        it better to serve it as soon as possible.
    10   MR. JUSTICE BELL:  I will look at those either midday or this
    11        evening.  Yes.
    13   MS. STEEL:  (To the witness)  When was it decided that the
    14        proceedings, these proceedings, would be about the
    15        fact sheet, as opposed to the other leaflets, the A5
    16        leaflets?
    17        A.  I think that was the leaflet that was prominent when
    18        Paul Preston made his decision that he would like it
    19        stopped.  Then I had the conversations with Barlow Lyde &
    20        Gilbert, and that was the leaflet we discussed.  So it
    21        would be in 1989.
    23   Q.   So, before the October 1989 picket, you had decided that
    24        the leaflet that you were wanting to stop was the
    25        fact sheet, as opposed to the other leaflets?
    26        A.  I was not aware of the other leaflet at the time.  Up
    27        to that one, the only leaflet I had was the first one,
    28        1984, and then over the course of the next -- no, not over
    29        the course of the next two years -- but from about 1987
    30        onwards, I started to receive copies of the leaflet
    31        complained of; and that was the only leaflet I had seen --
    32        not the only -- the only leaflet about McDonald's that
    33        I had seen, from London Greenpeace.
    35   Q.   I think, actually, that you have said that you saw the
    36        other leaflets, you had seen the A5 leaflets as well.  But
    37        if you have been said it, there are several copies in the
    38        publication bundles?
    39        A.  I would not deny it, no.
    41   Q.   They would have gone to you, would they not?  I mean, you
    42        are head of security?
    43        A.  Very possibly.  Well, yes, very possibly.  Well, head
    44        of security -- I was the vice president of the security
    45        reported to.  So, in that sense, I was head of security;
    46        but security was run by Terry Carroll.
    48   Q.   The Company would have been aware of them anyway; and,
    49        certainly, any that had your name on you would be aware of?
    50        A.  Sure. 
    52   Q.   At any rate, the decision had been made before 
    53        16th October 1989, so that was the leaflet that -- the
    54        fact sheet was the leaflet that you were aware of ---
    55        A.  Yes.
    57   Q.   -- was the one that you were going after?
    58        A.  Yes.
    60   Q.   If that was the only leaflet that you remember being aware

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