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,
it
        shows not that he is trying to cheat, I do not mean
that
        at all, but he may be under a misapprehension about
the
        way litigation is conducted nowadays in these courts.
He
        said it is rather like playing poker when your
opponent
        has a mirror over your head, of course, litigation is
not
        poker any more.  All the cards have to be on the table
        anyway.  It is like playing, what is the other game,
        patience.
   MR IRVING:  My Lord, my comment on that in any case there
are
        any aspersions being cast on me, I do not think any
        Defendant or any party in an action has ever made a
fuller
        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
plain
        view.
   MR JUSTICE GRAY:  Can I just mention only in passing
something
        you might like to think about, it relates to the
Goebbels'
        diaries, in Moscow, the Moscow archive.  That looks as
if
        it is going to be the subject of a certain amount of
        factual evidence.  I have seen the way the pleadings
go,
        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
perhaps

.          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
can
        tell me the result of his thoughts. It is just we have
to
        focus on what matters in this case.  I understand your
        complaint entirely, but in the end is it a matter we
want
        to spend a lot of time in evidence on?
   MR IRVING:  Two minutes is not a lot of time.  In view of
the
        fact that the newspapers around the world from here to
New
        Zealand have picked on the alleged discrepancies in
the
        diary of December 13th has been proof once more of how
        David Irving cheated or suppressed. The Defendants
have
        over the weekend retrieved from me the entire
Goebbels'
        diaries which I obtained from Moscow I.  Was going to
draw
        your Lordship's attention to two pages of the diaries
        which I produced. We only had the section which I
used.
        We only read that far.
   MR JUSTICE GRAY:  Yes, you said that on Thursday.  I think
you
        are misunderstanding what I mean by the Goebbels'
diaries;
        I am talking about the issue whether there was a
breach of
        an agreement by you.  I do not understand the
Defendants
        even to be alleging that now.  But Mr Rampton is going
to
        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
your
        evidence perfectly easily.
                       



  
	

	

		
	
  
	

	

	 
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