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Shofar FTP Archive File: people/i/irving.david/libel.suit/transcripts/day004.03

Archive/File: people/i/irving.david/libel.suit/transcripts/day004.03
Last-Modified: 2000/08/01

   MR RAMPTON:  Can I pick up one thing Mr Irving said there,
        shows not that he is trying to cheat, I do not mean
        at all, but he may be under a misapprehension about
        way litigation is conducted nowadays in these courts.
        said it is rather like playing poker when your
        has a mirror over your head, of course, litigation is
        poker any more.  All the cards have to be on the table
        anyway.  It is like playing, what is the other game,
   MR IRVING:  My Lord, my comment on that in any case there
        any aspersions being cast on me, I do not think any
        Defendant or any party in an action has ever made a
        discovery than I have, including the disclosure of my
        entire diaries.
   MR JUSTICE GRAY:  I think that is fair, from my impression,
        I think that is right.
   MR IRVING:  If I am hiding anything, I am hiding it in
   MR JUSTICE GRAY:  Can I just mention only in passing
        you might like to think about, it relates to the
        diaries, in Moscow, the Moscow archive.  That looks as
        it is going to be the subject of a certain amount of
        factual evidence.  I have seen the way the pleadings
        and I have see what the Defendants are saying and what
        they are not saying I.  Just wonder whether we are
wise to
        spending very much time on that issue.  I say that

.          P-19

        for Mr Rampton perhaps to think about.
   MR RAMPTON:  He has already thought so.
   MR JUSTICE GRAY:  I thought he might have. In due course he
        tell me the result of his thoughts. It is just we have
        focus on what matters in this case.  I understand your
        complaint entirely, but in the end is it a matter we
        to spend a lot of time in evidence on?
   MR IRVING:  Two minutes is not a lot of time.  In view of
        fact that the newspapers around the world from here to
        Zealand have picked on the alleged discrepancies in
        diary of December 13th has been proof once more of how
        David Irving cheated or suppressed. The Defendants
        over the weekend retrieved from me the entire
        diaries which I obtained from Moscow I.  Was going to
        your Lordship's attention to two pages of the diaries
        which I produced. We only had the section which I
        We only read that far.
   MR JUSTICE GRAY:  Yes, you said that on Thursday.  I think
        are misunderstanding what I mean by the Goebbels'
        I am talking about the issue whether there was a
breach of
        an agreement by you.  I do not understand the
        even to be alleging that now.  But Mr Rampton is going
        think about it, and shall we leave with it him because
        I think the ball is really in his court.  If you would
        like to come back we will resume your evidence.
   MR IRVING:  Do you wish me to deal with that minor point of

.          P-20

        Goebbels' diaries?
   MR JUSTICE GRAY:  I think it is a matter of evidence
because it
        was raised with you on Thursday and you can do it in
        evidence perfectly easily.

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