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Holocaust Denial on Trial, Statement of Mark David Bateman: Electronic Edition, by Mark David BatemanTable of Contents
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Summary regarding Rudolf Witness statement
95.As can be seen from above, the Rudolf witness statement is not an expert report based on new evidence, unavailable at the tria1 stage. Rather, it is based upon previously published works by Rudolf and by others, in part copied verbatim from those works. It is appears that Rudolf would have been willing to be called as a witness (if the Claimant had asked him to give evidence). It also appears clear that his evidence could have been put into the form of a witness statement or expert report before trial, for admission at trial, whether or not he was to be called to give evidence. Despite the fact that it appears that there was longstanding prior contact between the Claimant and Rudolf, it appears that no attempts were made to obtain an expert report for trial. The Claimant should not be permitted to adduce this material.
96.If the court were to be minded to consider the Rudolf witness statement further, then it would be necessary to consider the witness statements of Van Pelt and Green to determine whether or not the Claimant has satisfied the 2nd and 3rd requirements of Ladd v Marshall. Further arguments will be made, if necessary, in due course, to establish that the Rudolf evidence does not fulfil either of those two criteria.