Day 245 - 07 May 96 - Page 38


     
     1
     2   MS. STEEL:  The situation now is that you are seeking damages
     3        and costs at present, but that at a later date you may not
     4        try to recover them?
     5        A.  What we are entitled to and what we subsequently decide
     6        to collect or not collect is not a matter for debate here
     7        and now.  My sole intention in coming forward is to
     8        establish the truth.  If I have been libelled, I think the
     9        law says I am entitled to some kind of damages. I am not
    10        prepared to waive that right.  I may not have the law
    11        verbatim absolutely correct, but I think that is what it
    12        basically says.  Whether I collect or not, whether
    13        McDonald's collects or not, whether we even attempt to, is
    14        a totally different issue.
    15
    16   Q.   Right.  But situation, as presently stands, is that you are
    17        seeking damages and costs but that you may not recover them
    18        at the end of the day?
    19        A.  That is what I have said over time, yes.
    20
    21   Q.   Right.  So that is a pack of lies in that letter?
    22        A.  No, it is not.  The difference is:  Seeking versus
    23        entitled to.  The letter says "seeking damages".  I am not
    24        here seeking damages.  If I win this action, I may very
    25        well be entitled to some.  There is quite a difference.
    26
    27   Q.   In a letter to Mr. Ken Livingstone MP at the House of
    28        Commons on 6th February 1996, that is in the next tab, tab
    29        10?
    30        A.  Yes?
    31
    32   Q.   You say exactly the same thing at the bottom of the second
    33        page:
    34
    35        "Again, it has never been our intention to seek damages or
    36        to recover costs from the Defendants."
    37        A.  That is correct.  I am not out actively seeking
    38        damages.  I may very well be entitled to them if I win this
    39        case.
    40
    41   Q.   If you do not ask for them, Mr. Preston, you are not
    42        entitled to them?
    43        A.  No, I am sorry, I disagree.  That is not true.
    44
    45   Q.   If you do not have a claim for them then an award cannot be
    46        made?
    47        A.  That is a matter for the lawyers and the judge.
    48
    49   Q.   The point is you have a claim for them so you are seeking
    50        them? 
    51 
    52   MR. JUSTICE BELL:  We have got to argument again now.  As long 
    53        as you put your point fairly to the witness, and canvassed
    54        it with the witness, then a point is reached where you are
    55        arguing with the witness because you do not accept his
    56        answer.  Then really it has just got to be left over to
    57        argument and put to me.
    58
    59   MS. STEEL:   All right. (To the witness): What are you lying to
    60        an MP? do you not think that is pretty serious, Mr.

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