Irving v. Lipstadt

Transcripts

Holocaust Denial on Trial, Trial Transcripts, Day 18: Electronic Edition

Pages 176 - 180 of 181

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 1 MR JUSTICE GRAY:     Yes. I am not going to compel you to carry
 2on if you have run out of questions.
 3 MR IRVING:     I have questions prepared here but not in a form
 4that would be useful to the court.
 5 MR JUSTICE GRAY:     Yes. I think I have probably removed a
 6couple of hours by saying that you should deal with bundle
 7E later.
 8 MR IRVING:     By way of submission.
 9 MR JUSTICE GRAY:     I would not say I have removed. I have
10postponed the two hours it will probably take. So I am
11not critical by of you for having run out, but you have
12run out. There is nothing you want to deal with now?
13I cannot immediately think of anything. Mr Rampton, can
14you?
15 MR RAMPTON:     I cannot. I think it would be unsatisfactory for
16a number of reasons for Mr Irving to go back into the
17witness box ----
18 MR JUSTICE GRAY:     I think it would.
19 MR RAMPTON:     --- for further cross-examination.
20 MR IRVING:     I would be quite happy to go back into the witness
21box.
22 MR RAMPTON:     No. I was going to offer to cross-examine him
23tomorrow, but your Lordship said, no, that is not a good
24idea.
25 MR JUSTICE GRAY:     I think it is even less a good idea now.
26 MR RAMPTON:     So do I. All I can suggest is that we go away and

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 1prepare, is it Dr Fox tomorrow?
 2 MR IRVING:     He is coming tomorrow morning.
 3 MR RAMPTON:     He will not be very long.
 4 MR IRVING:     Because he will not be allowed to adumbrate on the
 5matters that he was going to I think.
 6 MR RAMPTON:     That is a matter for his Lordship, but if he
 7strays much beyond what is in his written statement then
 8I shall have something to say.
 9 MR JUSTICE GRAY:     I have not yet re-read his statement.
10 MR RAMPTON:     It is quite a long statement. It is somewhat
11representative, but it is quite long. Normally speaking
12nowadays, judge alone particularly, the witness statement
13stands as the evidence and if I do not cross-examine the
14witness goes away again.
15 MR JUSTICE GRAY:     Yes. I have not played it quite in that way.
16 MR RAMPTON:     There is flexibility.
17 MR IRVING:     As he is an expert on the police decodes, he is one
18of the world's leading experts on that, I had intended
19asking him questions about those, but if Mr Rampton
20objects ----
21 MR RAMPTON:     I would need to know what he was going to say.
22 MR JUSTICE GRAY:     Do you want to thrash this out? If he maybe
23not going to be able to give any admissible evidence, it
24is better that he does not have to come all the way here.
25Do you want to have an argument about it now?
26 MR RAMPTON:     No. I have nothing to say about what evidence he

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 1might give about decodes because it is not in his witness
 2statement. If he is going to give evidence about the
 3decrypts, I must have a witness statement in advance and
 4he had better not come tomorrow at all.
 5 MR JUSTICE GRAY:     Technically that is right. What is he going
 6to say, do you hope?
 7 MR IRVING:     I was going to question him as an expert on the
 8Bletchley Park operations and the extent of the decodes,
 9and what one could have expected, what he has seen in the
10decodes, the work he has done on them. He has spent six
11months of his life reading right through them.
12 MR RAMPTON:     I think in all the circumstances I do need to have
13prior notice of that.
14 MR JUSTICE GRAY:     Can we just focus to see quite what the issue
15is going to be? The evidence so far is, and correct me if
16I am wrong about this, is, yes, they would have been able
17to intercept and decode what you might call middle level
18kind of communications.
19 MR IRVING:     Also from Himmler downwards, from Himmler to the
20Eastern Front.
21 MR JUSTICE GRAY:     That is really the issue. I suppose you want
22to see how far you can take it up the ----
23 MR IRVING:     We could usefully ask him, has he seen any Hitler
24orders of any nature whatsoever, and also what he has and
25what he has not seen in these archives.
26 MR JUSTICE GRAY:     That is certainly relevant, but I think

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 1Mr Rampton does need to have advance notice so that he can
 2consult his own experts and put his case in
 3cross-examination.
 4 MR RAMPTON:     I would need, if this is to be taken seriously in
 5the context of this case, which I can see it might be ----
 6 MR JUSTICE GRAY:     It is certainly relevant.
 7 MR RAMPTON:     I quite accept it is relevant. I need to have
 8chapter and verse from Dr Fox on paper. I then need to
 9have time to have the accuracy of what he says checked by
10others.
11 MR JUSTICE GRAY:     That is fair.
12 MR RAMPTON:     I really cannot just accept it like that.
13 MR JUSTICE GRAY:     If they were intercepted, I am surprised they
14have not surfaced.
15 MR IRVING:     If what has surfaced.
16? MR JUSTICE GRAY:     If high level messages from Himmler and so
17were intercepted at Bletchley on matters relevant to this
18case ----
19 MR IRVING:     My Lord, with respect, I have brought to the
20attention of your Lordship already the ones of December
211st and December 4th 1941 where Himmler orders, says to
22Jackelm, "You have exceeded your authority and the
23guidelines. Any further arbitrary actions will be
24punished", you will remember.
25 MR JUSTICE GRAY:     That was a Bletchley intercept, was it?
26 MR IRVING:     That was from Himmler to Jackelm intercepted by the

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 1British, yes. It is a very important message on which
 2I rely very strongly. It indicates that one would have
 3expected messages to be there.
 4 MR JUSTICE GRAY:     As I say, it is plainly relevant. But I do
 5not suggest you need to do it in huge detail given the
 6pressures you are under.
 7 MR IRVING:     I did not want to go beyond the actual messages I
 8have already produced, my Lord. I wanted to ask him then
 9on the basis of his expertise what else, what the scope of
10the documentation is and has he seen anything, and does
11the documentation cover the entire spectrum from the most
12trivial matters like parking tickets, all the way up to
13these mass shootings on the Eastern Front, and so on.
14 MR JUSTICE GRAY:     What I think Mr Rampton is entitled to
15is ----
16 MR IRVING:     A little notice.
17 MR JUSTICE GRAY:     --- probably on one page, like one of the
18things you do for me, just really giving the gist of what
19he is going to say. That is enough.
20 MR RAMPTON:     Yes, I do, but I also will likely need to time to
21get some help with it because I cannot ask questions about
22something about which I know nothing. If I am told that
23I should not take Dr Fox's word for what he says, then
24I have to go and do some -- somebody has got to go and do
25some work.
26 MR JUSTICE GRAY:     

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