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- From: bdm@cs.anu.edu.au (Brendan McKay)
- Newsgroups: talk.politics.mideast
- Subject: Re: Kahan Commission
- Date: 17 Nov 1992 08:33:56 GMT
- Organization: Australian National University
- Lines: 32
- Distribution: world
- Message-ID: <1eaapkINN21e@manuel.anu.edu.au>
- Reply-To: bdm@cs.anu.edu.au
- NNTP-Posting-Host: 150.203.23.70
-
- In article <1992Nov16.141252.16632@ennews.eas.asu.edu> David Makowsky writes:
- >In article <1e74s0INNhdn@manuel.anu.edu.au> bdm@cs.anu.edu.au writes:
-
- ># Sharon only had to establish that Time could not prove what they
- ># claimed about him. As to what was actually proven in court, the
- ># important evidence was heard in secret so how do you know what it was?
-
- > It seems Brendan knows as little about the American legal system
- >as he does about the Middle East. If evidence in a civil case like
- >this (in front of a jury) needed to be kept secret in would not have
- >been heard at all. And if Time actually needed the evidence, the
- >judge would have directed a verdict in favor of Time.
-
- I looked up the details. The case hinged on something that Time claimed
- was in the secret Appendix B of the Kahan report. Israel refused to
- provide the Appendix [reasonable] whereas Time said it was essential to
- it's case [true]. A compromise was reached where Sharon's and Time's
- Israeli lawyers could read the Appendix in the presence of Justice Kahan.
- However, they were forbidden to disclose the contents to anyone,
- including their US legal counterparts or the US court. In addition,
- three questions were put to Kahan. Each question had the form "Does
- the Appendix state that ...?" Kahan's answers were then conveyed
- to the court.
-
- The result was that the jury found that the Appendix did not contain
- what Time claimed it did. In reply to Mark's insistence that Time
- KNEW it was lying about the Appendix, it should be noted that the
- jury found that it did not. However, the jury did accuse Time of
- negligence and carelessness.
-
- Brendan.
-
-