Arbeit macht frei: - Fredrick Töben

MR PERKINS: And those words don’t appear to be on the document
itself, rather they are simply the title of the document?
Mr Jones: Yes, that’s my understanding, but they are created by the
creator of the document, they are not created by me.
MR PERKINS: The part of the document which says, ‘Richard Pratt
received a judge’s indulgence,’ is that a topic which is currently the subject
of considerable media interest?
MR MARGO: Objection.
HIS HONOUR: What is the ground of the objection?
MR MARGO: Relevance, your Honour. The document will be judged by
your Honour on its face, and what Mr Jones knows or thinks about it can’t
assist your Honour.
HIS HONOUR: Well, I suppose if I don’t know what the subject matter
is about, I can’t judge it at all, can I?
MR MARGO: As the court pleases.
HIS HONOUR: Yes, I will allow the question.
MR PERKINS: If your Honour pleases?
HIS HONOUR: Yes, the statement is an opinion of a matter of public
importance, not a statement of fact, it’s an opinion.
MR PERKINS: It is, is it not, being widely reported that indeed Richard
Pratt received an indulgence?
Mr Jones: My understanding is that Richard Pratt’s counsel did not receive
what they sought, which is to the contrary. But it’s a matter, as you say,
people are discussing the matter of what’s happening in that particular
matter publicly. That is not a statement of fact, it’s an interpretation.
MR PERKINS: Yes. The discussion, nonetheless, is in terms of the use of
that expression ‘indulgence’ isn’t it?
Mr Jones: Not – I’m not following the matter intensely, but I can’t recall
hearing that as being the subject of discussion. Certainly not the central
item.
MR PERKINS: Yes. Well, if, indeed, the discussion of the matter is one
into which the notion of indulgence by a judge has intruded, it may well be
that that discussion itself, is somewhat inappropriate. Is that fair to say?
Mr Jones: You’re asking me if a particular hypothetical situation exists,
whether in my opinion it’s appropriate that a discussion takes place, or it’s
appropriate that it appears in this context, I’m really – sorry, I’m not
exactly sure which hypothetical question you’re asking me to address?
HIS HONOUR: I think, Mr Perkins, you’re going to have to put the
question more directly than that. I can understand why Mr Jones finds the
question difficult. Are you putting to Mr Jones that the statement on this
website is no more than a reflection of what is currently a matter of public
discussion?
MR PERKINS: Yes, I am, your Honour.
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