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

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