Day 245 - 07 May 96 - Page 36
1
2 Q. You do not think so?
3 A. No.
4
5 Q. I will not go into all the parts in it, but if you the
6 paragraph that is numbered 4?
7 A. Yes?
8
9 Q. You have already confirmed that you are still seeking
10 damages so that is not true, is it?
11 A. Well ----
12
13 Q. It is not true to say that you are not concerned with
14 damages?
15 A. I think if we are victorious in this case we may, if it
16 is seen so by the judge, be entitled to damages. Whether or
17 not we collect any, whether we choose to collect any is
18 another issue. But I think if we are victorious, the
19 chances are that we will be, but that is a matter for the
20 judge not for me to comment on.
21
22 Q. "Chances are will be" what, sorry?
23 A. I said the chances are if we are victorious in this
24 case, the issue of damages is something the judge will have
25 to decide upon. I would guess there would be some
26 entitlement but that is a matter for his Lordship. Whether
27 there will be ability to collect, or whether we choose to
28 collect at all is an entirely different matter. So it is 2
29 issues.
30
31 Q. Yes, but if you have a claim for damages, the reality is we
32 would not be able to pay them so we would get made
33 bankrupt; is that not correct?
34 A. I just said there are 2 issues at hand: One is whether
35 we are entitled to damages and number 2 is whether we so
36 choose to go forward. That is the other matter for the
37 court. It is not a matter for me at this stage.
38
39 Q. Just while we have got this tab open, the following page is
40 a letter to The Scotsman on Thursday, 28th December 1995
41 from Mike Love?
42 A. Yes.
43
44 Q. Did you read this one before it was sent off to The
45 Scotsman?
46 A. I do not recall. I may or may not have, I would doubt
47 it but it is possible.
48
49 Q. And the first paragraph, the first numbered paragraph in
50 that says: "McDonald's only brought this case after ten
51 years of trying to settle the matter out of court. As a
52 last resort therefore it had to take the matter to court."
53 A. Yes.
54
55 Q. Again it is untrue, is it not?
56 A. It is not untrue.
57
58 Q. And you are still carrying on repeating these lies?
59 A. No, that is not untrue.
60
