Website Note:
The
Eichmann Papers. Mystery surrounds the release of these papers to
the Lipstadt trial lawyers. They may have counted on being able to
conceal them from Mr Irving, Mr Richard Rampton indicated at the
start of Day
27 (see below) that he had intended to release only edited
("redacted") portions to Mr Irving but Mr Irving pointed out that he
was entitled in law to the entire document. Rampton made no use of
the diaires. They contained nothing new or useful whatever to the
defence.
- MR IRVING: First of all, I understand from today's Israeli
newspapers and yesterday's Washington Post that the Defence now
have the Eichmann papers. In other words, they are going to bring
in the Battleship Eichmann in a frantic attempt to rescue their
position. I would be very grateful if I had the chance to read
them as early as possible rather than just being presented with
them piecemeal.
- MR RAMPTON: Yes, of course. We have not read them yet. If they
contain relevant material, those relevant parts will be disclosed
at once.
- MR JUSTICE GRAY: Is that enough?
- MR IRVING: My Lord, do they not now become discoverable now
that they are in their custody?
- MR RAMPTON: No, not unless they are relevant.
- MR JUSTICE GRAY: I do not know quite what we are talking about
is it a diary?
- MR RAMPTON: I do not know. I have not seen it. It has come on
e-mail. It is about 600 pages of memoirs. That is all I know. If
they contain relevant material, then the relevant material, plus
context of course, will be disclosed.
- MR JUSTICE GRAY: That is a slightly unconventional approach,
is it not? Normally, it would be a document which would be
discoverable if it contained any relevant material. You would not
normally redact the non-relevant material.
- MR RAMPTON: You are allowed to redact that is the case of
Guardian v. GRE.
- MR JUSTICE GRAY: Only for good reasons, in my
recollection.
- MR RAMPTON: No, if it is irrelevant. I do not really mind as
it is in the public domain anyway.
- MR JUSTICE GRAY: Is it?
- MR RAMPTON: Yes. It will be from tomorrow morning. The Israeli
government are going to release it to the public at large, so I do
not really mind. But I do not want to lumber the proceedings with
a great fat document if it does not contain anything
relevant.
- MR JUSTICE GRAY: Nor do I. It just seems to me, in terms of
what Mr Irving should see, he probably ought to see for himself
and judge for himself.
- MR RAMPTON: Yes. It is not a problem. It is just that we have
not looked at it ourselves yet. It is not even in readable form at
the moment.
- MR JUSTICE GRAY: It may feature in your cross-examination of
Mr Irving, I suppose.
- MR RAMPTON: It may well do. I will know by the end of the day
whether it will, and he will immediately get a copy.
- MR JUSTICE GRAY: He ought to have the copy by close of
business today really, ought he not?
- MR RAMPTON: I agree.
- MR JUSTICE GRAY: Good. Thank you. So that deals with
that.
- MR IRVING: My Lord, inform me, please. Is it not automatically
discoverable now that it is within their custody, possession and
power?
- MR JUSTICE GRAY: You are going to get it.
- MR IRVING: Just so it can be quite plain, the whole document
rather than a redacted version.
- MR RAMPTON: No. I made a mistake. I thought it had come
through in e-mail and has been put into readable form. Apparently
not even that has happened yet. There is something the matter with
the electronics.
- MR IRVING: I recommend Macintosh.
- MR RAMPTON: I do not know what the problem is because I am
completely ignorant on those matters, so I have to surrender to
others.
- MR JUSTICE GRAY: Mr Irving, the order I am making, unless I am
told that it is electronically impossible to comply with it, is
that you should be provided with a copy.
- MR IRVING: In electronic form if necessary.
- MR JUSTICE GRAY: In electronic form if necessary, of the
Eichmann document by close of business, by which I mean, let us
say, 5 p.m. today.