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.