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.
