Day 255 - 23 May 96 - Page 34


     
     1
     2   MR. JUSTICE BELL:  You may have a specific point which relates
     3        to Mr. Nicholson which you could not put to Mr. Preston, or
     4        there may be matters which you think you which you consider
     5        to be relevant which Mr. Nicholson may know an answer to
     6        and Mr. Preston did not.  I have not got any particularly
     7        in mind but you may have ones in mind.
     8
     9   MS. STEEL:  Yes.
    10
    11   MR. JUSTICE BELL:  But I would have thought, apart from anything
    12        like that, you could probably go straight to the point that
    13        Mr. Preston said that he did not think that he would have
    14        needed to use the words "lies" to achieve his object, point
    15        1.  Point 2 he said that he did think they were lies and
    16        his definition of "lies" was saying something -- this will
    17        not be word perfect -- which you knew to be inaccurate and
    18        knew to be untrue.
    19
    20   MS. STEEL:  Right
    21
    22   MR. MORRIS:  And that was untrue.
    23
    24   MR. JUSTICE BELL:  By all means, since you have named Mr.
    25        Nicholson as one of the embodiments of the second
    26        Plaintiff's malice, you might want to see if he takes the
    27        same view as Mr. Preston, but it seems to me that that is a
    28        main point that you are aiming for.
    29
    30   MS. STEEL:  Would you agree with Mr. Preston that it was not
    31        really necessary to use the word "lies" in the leaflet?
    32        A.  Can you direct me to the leaflet?
    33
    34   MR. JUSTICE BELL:  You will remember that the word "lies" was
    35        used on a number of occasions in the press releases?
    36
    37   MR. RAMPTON:  My Lord, I do think it is best if he sees it.
    38
    39   MS. STEEL:  I was just about to tell him where it was.  There is
    40        one behind tab 2.
    41
    42   MR. JUSTICE BELL:  Yes.
    43        A.  Yes, right.
    44
    45   MS. STEEL:  That is the leaflet.
    46        A.  This is about the right to stop people telling lies,
    47        yes.
    48
    49   Q.   Then also behind tab 3?
    50        A.  Yes? 
    51 
    52   Q.   There is a background briefing where ---- 
    53        A.  At the very end it says:  Nor is it about the freedom
    54        of speech.  It is about the right to stop people telling
    55        lies"?
    56
    57   Q.   Before we get to the very end.  In the fifth paragraph the
    58        last word in that paragraph is "lies".  In the seventh
    59        paragraph the word at the end of the third line is "lies",
    60        and the ninth paragraph, first line, towards the end of the

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