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
