Holocaust Denial on Trial, Trial Transcripts, Day 26: Electronic Edition

Pages 156 - 159 of 159

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    My Lord, I would like to cross-examine Dr Funke
 1relationship with them.
 2 MR JUSTICE GRAY:     That is a fair point. Mr Rampton, do you
 3want to ----
 4 MR RAMPTON:     No, it is all right.
 5 MR JUSTICE GRAY:     What Mr Irving has just said (and there is
 6something in it) is that if he manages one way or another
 7to knock out any of the organizations, basically,
 8I suppose in his own cross-examination of Dr Funke, Herr
 9Funke, then he does not need to face cross-examination
10from you on that particular topic?
11 MR RAMPTON:     Well, it may be. On the other hand, from
12Professor Funke's point of view and certainly from mine,
13it is going to be a very great deal quicker, I mean, if
14Mr Irving is going to be able to knock out an
15organization, he can do it in answer to my questions.
16 MR IRVING:     What I would prefer to do is to put to Dr Funke
17certain extracts from diaries pre-emptively, if I can put
18it like that, which shows that I have shown a proper
19respect and distaste for some of these people and that
20would be the time to do it.
21 MR RAMPTON:     This is all the wrong way round. It is Mr Irving
22who is the Claimant in this case. I cannot say I have a
23right because nowadays those sorts of procedural rights no
24longer exist. But it is unsatisfactory that the Claimant
25in the case should, as it were, get first shot at the
26Defendants' experts.

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 1 MR JUSTICE GRAY:     Well ----
 2 MR RAMPTON:     It should not be that way around.
 3 MR JUSTICE GRAY:     Save for this, this may be unfair and wrong
 4-- if so, tell me -- my impression was that you
 5deliberately reserved for a later stage of
 6cross-examination the whole issue of extremist
 7associates. Indeed, I think at one time you were not sure
 8you were going to necessarily want to cross-examine on
 9them.
10 MR RAMPTON:     I think that is true. I have not deliberately
11reserved it. It just got left. I mean, it was going to
12be last in the queue anyway.
13 MR JUSTICE GRAY:     All right. I think I am going to suggest
14that Herr Funke gives evidence before you resume your
15cross-examination of Mr Irving because I think that may
16have the effect to some extent of short circuiting things.
17 MR RAMPTON:     If your Lordship says so. I do believe it will be
18quicker the other way round, but I am sure Professor Funke
19can deal with it, but if that is going to happen, then
20I, with your Lordship's permission, would want a little
21bit of time in chief with Dr Funke first.
22 MR JUSTICE GRAY:     I am sure that is sensible.
23 MR RAMPTON:     Which I think would speed things up. So perhaps
24we can do that tomorrow or whenever, I do not know.
25 MR JUSTICE GRAY:     Do you want to, as it were, introduce him and
26make a start with him?

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 1 MR RAMPTON:     What, now? Yes, well, no, I do not want to
 2because I have not got the kit together.
 3 MR JUSTICE GRAY:     All right.
 4 MR RAMPTON:     As I was expecting to cross-examine first, quite
 5honestly.
 6 MR JUSTICE GRAY:     I understand why you do.
 7 MR RAMPTON:     We need videos too which we have not got in
 8court.
 9 MR JUSTICE GRAY:     We will have that first thing in the
10morning?
11 MR RAMPTON:     We will have them first thing in the morning.
12 MR JUSTICE GRAY:     Can I ask for everybody's benefit what the
13likely duration of Dr Funke is going to be?
14 MR RAMPTON:     As I am not having first shot at him, I am not
15saying ----
16 MR JUSTICE GRAY:     Well, you will, first shot at Mr Irving, you
17mean? You are going to have first shot with Herr Funke.
18 MR RAMPTON:     Yes, but only in chief. I will only be,
19I suppose, about an hour in chief.
20 MR JUSTICE GRAY:     Yes, that is what I assumed.
21 MR IRVING:     I will take the rest of the day, that is all.
22 MR JUSTICE GRAY:     The rest of the day and that is all?
23 MR RAMPTON:     Then we can, subject to Mr Irving's having had
24time to read those files if he wants to, finish the
25evidence this week.
26 MR JUSTICE GRAY:     Yes. That is what I was rather hoping.

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 1Good.
 2 MR JUSTICE GRAY:     In that case we will adjourn now and Herr
 3Funke tomorrow morning at 10.30.
 4 (The court adjourned until the following day)
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