Day 025 - 16 Sep 94 - Page 47


     
     1        is relatively typical that it would not, because it is too
     2        far in the future for them to know what their plans are in
     3        January of 1987.
     4
     5   Q.   This then, at least, is a neutral document, is it not?
     6        A.  Is a what?
     7
     8   Q.   Neutral document on this point.
     9        A.  It is a document on this point.  I do not know if it
    10        is neutral.
    11
    12   Q.   It provides no ground for an assertion that your
    13        intervention caused this campaign to cease prematurely,
    14        does it?
    15        A.  It may; I need to look at Mr. Rosberg's letter again.
    16        Can you direct me to where that is?
    17
    18   Q.   Yes.  We must go backwards.
    19
    20   MR. JUSTICE BELL:  169/170.
    21
    22   MR. MORRIS:  Can we ask a legal point?
    23
    24   MR. JUSTICE BELL:  Yes.
    25
    26   MR. MORRIS:  Is it proper to draw an inference about a document
    27        that where some of the material has been blanked out and
    28        ask a witness if the document as a whole provides -----
    29
    30   MR. JUSTICE BELL:  Yes, you can certainly ask.  It may be a
    31        matter of argument what weight there should be, but
    32        Mr. Rampton's last question was that it does not establish
    33        the case one way or the other, it is neutral.  Just a
    34        matter of interest while the point is on my mind, there
    35        has been a case in the Court of Appeal about blanking out
    36        parts of discovery of documents.  It appeared in The
    37        Times.  I have left it in my room.  I have not bothered to
    38        bring it to court.
    39
    40   MR. RAMPTON:  I saw it when I got back from Scotland and I was
    41        relieved to find -----
    42
    43   MR. JUSTICE BELL:  I only read it very quickly.  I think it
    44        supports the fact that you do not have to disclose the
    45        whole document; you can blank out bits.  But if you care
    46        to ask -- what I will do is I will actually give you the
    47        date of The Times -- I will do better than that, I will
    48        bring it into court and you can make a photocopy of it but
    49        I do not have it now.  Yes?
    50 
    51   MR. RAMPTON (To the witness):  You see, if we go back to 171, 
    52        you wanted to compare Mr. Rosberg's schedule, I think; is 
    53        that right, Mr. Gardner?
    54        A.  Yes, Mr. Rampton, as well as his letter itself.  The
    55        letter says that the attachments are adds that are
    56        scheduled to appear in a magazine issue that goes on sale
    57        after May 26th.  Comparing those advertisements with the
    58        advertisements that were scheduled in January of 1987 to
    59        appear in April, May and June, indicates to me that
    60        perhaps after May 26th the only advertisement that was

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