Mengi V Hermitage 2102 Trial Transcript

MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 482]
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IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION
Claim No: HQ10D04585
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LUHANGA - RAMPTON document in front of you with your name on it, Boniface Luhanga, is that a statement you have made for these proceedings? The signature is in that same divider, the signature, at page 141.
Royal Courts of Justice, Strand, London WC2A 2LL Friday, 9th November 2012 Before: MR. JUSTICE BEAN
6 A. 141? 7 Q. Yes. Sorry, I beg your pardon, 142, I think it is. 8 A. Yes. 9 Q. 140.
REGINALD MENGI Claimant -andSARAH HERMITAGE Defendant -------------------
7 8
BETWEEN:
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10 A. Yes, yes, it is my signature. 11 MR. JUSTICE BEAN: Forgive me, Mr. Rampton. Mr. Luhanga, if you 12 13 14 15
understand some English, are you content to have counsel ask you questions in English and for you to seek assistance from the interpreter if you need it or would you like everything translated? express myself in my own language. have my questions and the questions of Mr. Price translated into Swahili and that you will answer them in Swahili?
(Transcript of the Stenograph/Shorthand Notes of Marten Walsh Cherer Ltd., 1st Floor, Quality House, 6-9 Quality Court, Chancery Lane, London WC2A 1HP. Telephone No: 020 7067 2900. email - info@martenwalshcherer.com) ---------MR. RICHARD RAMPTON QC and MR. AIDAN EARDLEY (instructed by Whitman Breed) appeared for the Claimant.
16 A. What I would like is whatever you say, it is better for me to 17 19 20 18 MR. RAMPTON: Therefore, do I understand that you would prefer to
MR. JAMES PRICE QC and MR. JONATHAN BARNES (instructed by Carter-Ruck) appeared for the Defendant. ---------PROCEEDINGS EVIDENCE DAY 4 24 ---------25
21 22 23
21 A. That is what I would like. 22 Q. Also, that those answers should then be translated into 23 25
English by the interpreter? in Swahili and then I translate into English.
24 A. Yes, you ask the question in English, I translate, he answer
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LUHANGA - RAMPTON 2 Q. Thank you. Page 140 has your signature, Mr. Luhanga. You 3 just confirmed that. The last line of the statement reads, "I 4 believe that the facts stated in this witness statement are
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MR. RAMPTON: My Lord, Mr. Luhanga, with an interpreter, is here. Could they both go over there, please, to the witness box? It is tab 4, my Lord, of file 2. (The interpreter, Mr. Abbas Hatimy, affirmed) BONIFACE LUHANGA, SWORN EXAMINED BY MR. RAMPTON Q. Could you please open that file, which is on the ledge? Could you move the other file, please, Mr. Interpreter? Thank you very much. Turn, please, to divider 4?
11 A. To divider 4? 12 Q. To divider 4, yes, please. 13 A. Yes. 14 Q. Mr. Luhanga, would you look at the document which is there, 15
please?
16 A. Yes. 17 Q. Mr. Luhanga, I understand that you read English quite easily? 18 A. I do understand. 19 Q. However, that you have some difficulty expressing yourself in 20
English?
21 A. Yes, I do have problems expressing myself in English. 22 Q. You would, therefore, prefer to give your answers to our 23
questions in Kiswahili?
24 A. Yes, I would like to answer in Swahili. 25 Q. Thank you. Very well. My first question is this: is this
true." Is that statement correct? A. It is all the truth. Q. Mr. Luhanga, you are a professional journalist. Is that right? A. Yes, I am a journalist. Q. You have been a professional journalist since 1989? A. Yes. Q. You joined the company called "The Guardian Ltd" at the beginning of September 1995. Is that right? Page 2 of your witness statement. A. Can you say it again, please? Q. Mr. Luhanga, you joined the Guardian Ltd on 1st September 1995. Is that right? A. It is, yes, true. Q. Ever since you have joined the Guardian Ltd, you have worked for one of their newspapers, which is a Swahili newspaper called Nipashe? A. That is true. Q. Is that correct? A. That is correct, yes. Q. You are now (and have been since May of 2008) a Chief
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MENGI v HERMITAGE
9 NOVEMBER 2012 [Page 484]
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LUHANGA - RAMPTON Sub-editor? A. Yes, from 2008. I am still, until now I am the Chief Editor. Q. Chief Editor? A. Chief Sub-editor. Q. Finally this, only this last question: the period we are concerned with in this case, between May 2005 and May 2007, were you the Acting News Editor? A. Yes, from May 2005 to May 2007, I was holding Acting News Editor. Q. In May 2007, you became the News Editor? A. Yes, from May 2007 to May 2008, I was the News Editor.
LUHANGA - PRICE
2 Q. I only want a rough idea. Is it five or 20 or 30? 3 A. I would not have exact figure. 4 Q. You must have some idea? 5 A. I do not have an exact figure how many I do every day. 6 Q. If I were to suggest that you deal with approximately ten 7
stories a day or more, would that be right?
8 A. Would you say that again, please? 9 Q. If I suggested that you deal with approximately ten or more 10
stories a day, would I be right?
11 A. That is what you are saying. 12 Q. Well, I am asking him. 13 A. Like I said, I am not quite sure how many stories. 14 Q. I do not want exact, I want very rough. 15 A. I do not know exactly because we are a group of News Editors. 16 MR. JUSTICE BEAN: Mr. Luhanga, you have been asked four or five 17 18 20 22 23
times how many stories, approximately, you handle a day. Could you please try to answer the question? we do divide. The front page stories would be given to ---figure. On some days, would it be three and some days 30 or what are we talking about?
19 A. Normally, it depends on the stories that come. When it comes, 21 MR. PRICE: I am going to interrupt you because I want a rough
24 A. I think it becomes between 12-13 stories? 25 A. 12-13?
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[Page 487]
LUHANGA - PRICE 2 A. Yes. 3 Q. That is a rough approximation? 4 A. Yes, rough estimation, yes. That is the first page.
1 5 Q. That is just the first page? 6 A. The first page, we would need probably about two or three 7 stories, main stories. 8 Q. However, I am asking that he deals with himself. 9 A. For me alone, less than ten stories. 10 Q. You deal with up-country correspondence, you say in your
LUHANGA CROSS-EXAMINED BY MR. PRICE Q. Mr. Luhanga, are you able to understand your written witness statement clearly in English without it being translated? A. I have written this -- before it was in Swahili and then it was translated, but I can understand. Q. Clearly understand? A. Yes, I do understand. Q. A News Editor is a busy man, Mr. Luhanga. Is that right? A. Correct. Q. Do you work five days a week or six? A. Previously, I used to work from Monday to Friday and then Saturday another group take over, but three months ago, about three months ago, I started to work from Monday to Thursday and then Friday another group takes over until Saturday. Q. Can you make any estimate of how many stories a News Editor has to deal with every day? A. You mean to read or to edit? Q. To be involved with in editing or in dealing with the journalist or correspondent? A. If it is editing, I can explain it. Which one do you want, to read or to edit or which one ---Q. Either to edit or to be involved in dealing with the reporter. A. I do not have exact figures, but we do assist each other because there is a group of people, of journalists.
statement. 12 A. You mean at this time? 13 Q. No, I think, really, I am talking about the period when he was 14 the Acting News Editor.
11 15 A. Yes, the stories from the journalists from Dar es Salaam and 16 other areas, other counties. 17 Q. Are there a lot of up-country correspondents that the News 18 Editor deals with? 19 A. Sorry, could you say it again? 20 Q. Are there a lot of up-country correspondents that the News 21 Editor deals with? 22 A. They do because it is all Tanzania. 23 Q. Approximately how many in Tanzania? 24 A. You mean per day? 25 Q. No, I mean how many up-country correspondents in the whole of
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LUHANGA - PRICE Tanzania that the News Editor deals with from time to time? A. Normally, every district of everywhere, they do have their own News Editors -- sorry, correspondents. Q. So we are talking about 30 or 40 or more? A. For Tanzania, it is more than 25. Q. Does the News Editor deal with up-country correspondence on a daily basis? A. Yes, on a daily basis. Q. You say that land disputes are fairly frequent in the Kilimanjaro district. A. Sorry? Q. You say in your witness statement that land disputes in the Kilimanjaro district are fairly frequent. A. It happens in the Kilimanjaro area, yes. Q. Fairly frequently? A. It happens. Q. The rest of Tanzania, it happens also? A. As I already explained, in the case of Kilimanjaro, regarding two disputes on the islands, it is like a poison, but other areas, yes, there are, but not like Kilimanjaro. Q. You, as a News Editor or, indeed, as the Chief Sub-editor, have you dealt with many such reports of many such disputes? A. Sorry, I will ask you to ask the question again. Q. Have you, as News Editor and as Chief Sub-editor, dealt with
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LUHANGA - PRICE counting. Q. Before 2008, there were two editorial meetings each day? A. Yes, that is true. Q. After 2008, there were three? A. Yes, it was three. Q. So that means that you maybe, perhaps, attend 150 editorial meetings a year? A. If you have accounted that way, probably, but I have not done.
10 Q. I understand that. 11 A. Yes. 12 Q. So in the last ten or 11 years, we are talking about well over 13 15
a thousand editorial meetings? the sum, but I do not know.
14 A. I do not want to get involved; if you have counted that was 16 Q. Okay. Are you in regular touch with Mr. Jackson Kimambo? 17 A. Yes, Jackson Kimambo is our News Correspondent at Kilimanjaro, 18 20 22 23 24
for Kilimanjaro. and 2007; would you speak to him every day? to make sure that I do contact, to understand what sort of news he has got and, normally, it is a normal case for all the correspondents in the counties.
19 Q. So I am thinking particularly about the period between 2005 21 A. If he was my correspondent, it is my duty as the News Editor
25 Q. Every day?
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[Page 491]
LUHANGA - PRICE It is my duty. That is my job. Every day? Yes, whenever I go to work. You say in your witness statement that the relationship between local people and agricultural investors is difficult? A. Which paragraph? Q. Paragraph 16, near the end of the paragraph. About three or four lines up from the end of the paragraph: "This is because there is an acute shortage of farming land, with the result that the relationship between local people and agricultural investors is difficult." A. Could you assist with which line? Q. I have just read it out. "This is because there is an acute shortage of farming land...." You do not need to translate, he understands this clearly. "There is an acute shortage of farming land, with the result that the relationship between local people and agricultural investors is difficult." A. So what do you want me to do? Q. Did you understand that in the case of the Silverdale Farm dispute, the land belonged to villages and cooperative societies? Do you remember that? A. Yes, I do know, yes. Q. So they can choose who they want to farm it? A. I did not understand. A. Q. A. Q.
1 2 A. Yes, I did get a lot of reports that I have dealt with, with 3 regard to the land disputes. 4 Q. The Silverdale Farm dispute, was that a fairly normal one? 5 A. Which farm? 6 Q. The Silverdale and Mbono Farm dispute? 7 A. Yes, I do get the stories about that. 8 Q. I asked if it was a fairly normal sort of land dispute? 9 A. It is very normal, the Silverdale dispute. 10 Q. Very normal? 11 A. Normal, yes. 12 Q. You were Assistant News Editor or Acting News Editor or News 13 Editor or Chief Sub-editor and you have been for ten or 11 14 years? 15 A. Yes. 16 Q. You must have dealt with tens of thousands of stories in those 17 years? 18 A. Tens of thousands, yes. Maybe he did not understand the 19 question. 20 Q. He did not understand the question? 21 A. Yes. 22 Q. In ten or 11 years, you must have dealt with tens of thousands 23 of stories that might or might not appear in Nipashe? 24 A. With all the time I have been there? I do not know about 25
reports of many such disputes?
LUHANGA - PRICE
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LUHANGA - PRICE 2 Q. It belongs to the local people so they can decide who should 3 farm it?
1 4 A. I do not know. 5 Q. It makes sense, does it not? If it belongs to the local 6 people, they can decide who should farm it? 7 A. So what do you want exactly for me to answer? 8 Q. I want Mr. Luhanga to either accept or not accept this: it is 9 obvious that if it belongs to the local people, they can 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
LUHANGA - PRICE
2 A. Yes, it was a long time, but this is what I can remember. 3 Q. Do you remember those details of every story that you handle? 4 A. It is very important, since I am the News Editor, that I have 5
to handle the report.
6 Q. Do you remember those details of every story that you handle? 7 A. Since it was a long time, there are some which I do remember, 8
others which I do not remember.
9 Q. What was special about this story? 10 A. It was a very important story because, first, it concerns 11
choose who they want to farm it? A. I am not responsible for them. I cannot say anything. Q. Do you know whether there was any reason for the local people in the Silverdale Farm area to be concerned, worried about who was farming the Silverdale Farm? A. I said I am not responsible for them. Q. Are you suggesting, in paragraph 16, that the Silverdale Farm dispute had anything to do with an acute shortage of farming land in the Kilimanjaro region? A. I am saying that with regard to the land dispute, I cannot talk about the people from the village and I talk about the news that was written about them, that is all. Q. Can you remember another land dispute in the Kilimanjaro region which was covered by Nipashe in ten separate stories? A. It is not easy to remember. Q. Can I ask you to go to paragraph 18(a) now? If you take
about David Middleton.
12 Q. I am so sorry, have you finished? Has he finished? 13 A. Yes, it is a story relating to David Middleton. It is 14
relating to a foreign investor, Mr. David Middleton.
15 Q. That is why you remember it? 16 A. The person is known as David Middleton, the foreign investor, 17 18 19 20 21 23
who is a British citizen and we took it as a very important story and we did not depend on the Tanzanian (inaudible). The foreign investor and especially a British citizen, it is respected in the world that he could do such a thing, so it is a point of news so we have a use it. Chairman of IPP's brother?
22 Q. Was it not memorable because it concerned Benjamin Mengi, the 24 A. Benjamin, sorry? 25 Q. Mengi.
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[Page 495]
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LUHANGA - PRICE file 3 and go to page 2, this is the story you are referring to in paragraph 18 of your witness statement.
LUHANGA - PRICE
2 A. Like, what? Who is he? 3 Q. You do not know who Benjamin Mengi is? 4 A. I know that he is from the news only and he is a businessman 5 7 8 9 11
4 A. Yes. 5 Q. It is? You say this story is about charges of issuing a fake 6 cheque and forging a contract. You remember that story? 7 A. Yes, I do remember. 8 Q. You remember speaking to Mr. Kimambo in the morning, before 9 the eight o'clock meeting? 10 A. That is true. 11 Q. Just tell my Lord how that conversation went? 12 A. What I do remember, as it was a long time, I spoke with 13 14 15 16 17 18 19 20 21 22 23 24
and he also comes through the news. the interpreter. I wonder if he would mind speaking up a little bit. That was an important answer and I am afraid I did not get it. Do you think we could have it again? Benjamin Mengi is?"
6 MR. RAMPTON: My Lord, I am sorry, I cannot hear the answers from
10 MR. JUSTICE BEAN: The original question was, "Do you know who 12 MR. RAMPTON: I got that, thank you. 13 A. I know Benjamin Mengi as a businessman and he lives in 14
Jackson Kimambo in the morning at eight o'clock. It was before the time called "post-mortem" so I spoke to him over the phone and he explained to me there would be news about the court, that someone from England will be taken to court to show about the fake. That story I wait on until it came at about four o'clock. I did explain to my correspondents, the editors, about four o'clock and I did explain that there is such news and then we did agree that it has to go ahead. We agreed with the other News Editors that this is very important news and it touches the whole people and it is very important that it should go ahead.
Kilimanjaro. I have never met him, but only I hear about him.
15 Q. Also, he is the Chairman's brother? 16 A. I do not know. 17 Q. You do not know whether Benjamin Mengi is Reginald Mengi's 18
brother?
19 A. I do not know. 20 Q. Who edited this story, Mr. Luhanga? 21 A. At first I remember, I edited this story. 22 Q. Look at what you say at paragraph 18(d) of your witness 23 24 25
statement. "I received a copy of the article written by Mr. Kimambo and asked the assistant News Editor to edit it, which he did." Is that true?
25 Q. You remember that, do you, Mr. Luhanga?
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LUHANGA - PRICE 2 A. It is a long time, but it is true. 3 Q. So the answer that you gave a moment ago, that as far as you 4 remember, you edited it, is false?
1 5 A. Because I did not remember, it is so many stories, until I 6 read it carefully. 7 Q. Until you read what carefully? 8 A. These stories is a long time ago. It is about five to seven 9 years ago. 10 Q. I understand. 11 A. It is not easy to remember everything until to read it 12 carefully. 13 Q. Read what carefully? 14 A. To follow each paragraph. 15 Q. Of what? 16 A. What is inside there. 17 Q. The witness statement? 18 A. The way I do edit. 19 Q. Who wrote this witness statement? 20 A. This one, you mean? 21 Q. Yes. 22 A. This statement? 23 Q. Yes. 24 A. It is me. 25 Q. When you wrote it, did you remember who had edited this story?
LUHANGA - PRICE 2 Q. This story was written by Mr. Kimambo, was it not? 3 A. That is true. Correct. 4 Q. However, you can recognise from the story who edited it?
1 5 A. I said this story was edited by my assistant because I had a 6 chance to read it and I confirmed that I was not the one who
edited it. 8 Q. This story was about Mr. Middleton appearing in court ---9 A. Sorry? 10 Q. This story was about Mr. Middleton appearing in court and the
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charges being read out and that is it. That is right, is it not? A. True, correct. Q. So there were only two facts that mattered; one, that the charges had been read out and two, that Mr. Middleton and Mr. Ngoya denied them. That is right, is it not? A. Are you explaining to me or what? Q. I am asking whether he agrees with this. There were two, only two things that mattered about this story; one, the charges were read out and two, Mr. Middleton and Mr. Ngoya denied them. That is right, is it not? A. Unfortunately, our story was not mentioned that way that he denies or not. Q. Why not? A. Maybe there is a witness of the editing.
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LUHANGA - PRICE 2 A. If I was given a chance to read the story and then I check it, 3 I could remember. Some of them. Not all of them, but some of 4 them. It is a long time.
1 5 Q. Do you remember who edited this story? 6 A. As far as I can remember, it was my assistant who did this. 7 Q. Why, when I asked you who edited it, did you answer, "As far 1
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LUHANGA - PRICE 2 Q. Why was it not mentioned that the accused denied the charges? 3 A. That is what I said, it is supposed to be written but it was 4 not.
5 Q. It was forgotten? 6 A. Forgotten, yes. It was maybe the unprofessional way, this 7 information. 8 Q. These charges were repeated at least three times more in 9 Nipashe were they not, certainly twice. We can look at it, if 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
as I remember, I did"? 9 A. I made a mistake. I made a mistake. 10 Q. The truth is, Mr. Luhanga, that you have no memory of who 11 edited this story, is it not?
8 12 A. I did say it was a long time, the story. It is not easy to 13 remember all the stories, who read it or edited. 14 Q. Can I have a direct answer to the question? The truth is 15 that you do not remember who edited the story, do you? 16 A. You mean this one? 17 Q. This story. 18 A. As I have already explained before, that my assistant is the 19 20 21 22 23 24 25
one who edited. Q. How can you remember that, Mr. Luhanga? A. I do remember the style of editing. Q. You remember the style of editing? A. The way I edit my things, when I see it and I read it and I read it carefully from the beginning to the end and I can tell you, I can assure you that I did pass over this story.
necessary. Look at page 6, not in your witness statement but in file 3. File 3, the other file, tab A, page 6. Just read the last three paragraphs of that story. A. (Pause) What do you want us to do? Q. Has he read it? A. Yes. Q. That repeats the charges but it does not say that they were denied. A. Is this the one you are talking about? I thought you told us a different case. Q. I am asking him to read the last three paragraphs. There is a paragraph which talks about the fake cheque, and the attempting to change documents over the farm which legally belongs to three villages. A. Do you mean the last three paragraphs here, the last three paragraphs?
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LUHANGA - PRICE 2 Q. On page 6. 3 A. Yes, page 6. Yes. 4 Q. Is that a Nipashe article of 3rd January 2006?
1 5 A. Sorry? 6 Q. Is that a Nipashe article of 3rd January 2006? 7 A. Yes, Nipashe. Yes, that is the one.
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8 Q. Read the last three paragraphs. 8 9 A. Do you mean the investor one? 9 10 MR. JUSTICE BEAN: Mr. Interpreter, would you please read to the 10 11 12
witness the last three paragraphs on page 6, beginning, "Recently this British national", in Swahili?
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13 A. That is right. Okay. (Pause) So, yes, I can see the three 14 paragraphs. What was the question? I do not want to answer 15
something different.
16 Q. You see that in two of those paragraphs the charges that we 17 are discussing are repeated in Nipashe. 18 A. Yes. Okay. 19 Q. It does not say that they were denied? 20 A. That is true. As I already explained, there was some sort of 21 22
a problem about the witness's professionalism of news correspondents.
23 Q. There was some sort of problem about the professionalism of 24 Mr. Kimambo. 25 A. Yes, true.
LUHANGA - PRICE different way. Q. The truth is that this story was slanted to favour Mr. Benjamin Mengi, is it not? A. Sorry, what was the last name? Q. Mr. Benjamin Mengi. A. In what way? Q. Because the charges are stated in very damaging terms and you did not report the fact that they were denied. A. This is a story from a report, that the report we already have taken from the charges only. No, we did not have any invitation to spoil anyone. Q. I suggest that that is false. A. No, it is true. Q. This was, as you have explained, a very important story, was it not, it was therefore important for readers of Nipashe to know what happened to those charges. Is that right? A. It is true it is an important story. Q. And it was important for readers of Nipashe to know what had happened to those charges? A. The Nipashe readers are our people and if they see that there is a lack, they do know that it is human error. Q. What happened to those charges, Mr. Luhanga? A. What happens. He understands the question. Q. What happened to those charges?
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1 2 Q. Twice? 3 MR. JUSTICE BEAN: I think you ought to go over the page as well. 4 MR. PRICE: I am so sorry. It says, the director was not 5 6 7 9 11 12 14 15 16 18
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2 A. Which one you mean? 3 Q. The charge of issuing a fake cheque and of forging the 4 6 8 10 11
contract. bail. were the charges dropped? not explain where it led to, the charges. We did not have information.
available to comment. That is over the page. Just have a look at that. The charges had been denied in court, had they not, Mr. Luhanga? professionalism that is why it was not mentioned. see the last line, "The accused denied the charges and has been released on bail." that they denied the charges. Unfortunately, our correspondent did not write but what he mentioned was that he was released on bail? you not?
5 A. We did report, and it was taken to the court, and released on 7 Q. What happened to the charges? Was Mr. Middleton convicted or 9 A. Unfortunately, our editor did not release the story and did
8 A. As I have already said, because there was a lack of 10 Q. If you look at page 4, this is the report in Mwananchi, do you
12 Q. Do you know now what happened? 13 A. No. 14 Q. In fact, what happened was that the charges were dropped by 15
13 A. Yes, in the Mwananchi newspaper it was mentioned like that,
the prosecutor on 5th December.
16 A. Thank you for that information. 17 Q. That should have been reported, should it not? 18 A. If we did receive it, that information, we would have reported 19 21 23
17 Q. You spoke to Mr. Kimambo at least three times that day, did 19 A. It is true that I spoke with him various times, yes. 20 Q. Did you check with him whether the charges were denied? 21 A. That is what I said, it is a lack of professionalism from the 22 24
it. information? story.
20 Q. Why would your correspondent in Moshi not give you that 22 A. Fully speaking, I do not understand why he did not bring that 24 Q. Is that another mistake on Mr. Kimambo's part? 25 A. Yes, I would say that is another mistake from that
person and even ourselves, the editors, we did not say that. too?
23 Q. Is it a lack of professionalism on the part of the editors, 25 A. I accept it lacks professionalism, that we looked at it in a
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LUHANGA - PRICE correspondent. Q. You were in regular touch with Mr. Kimambo? A. Yes, I do contact; yes. Q. Did you ask him, did you follow up this important story with him? A. As I said, unfortunately, that day in particular I did not contact him. Q. Which day? A. The date you say, 5th. Q. How do you remember that you did not contact him on 5th December? A. That date you just told me, it is you who told me the date. Q. You have just told me that you do not contact Mr. Kimambo on that date. A. That is true, I did not get in touch with him and our correspondent did not bring us the information, the story. Q. Just go back to page 6 that you are looking at there. This is 3rd January 2006. A. Yes. Q. The charges had been dropped a month before. A. Yes, we had no information. Q. But you repeated the fact that the British national was facing these charges. A. Sorry, say that again?
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LUHANGA - PRICE professionalism how it is written but it is human error. this story, the one on page 6, do you remember speaking to Mr. Kimambo on that morning?
3 Q. Do you remember speaking to Mr. Kimambo on the morning that
6 A. Which date? 7 Q. It would be the morning before this story was published. 8 A. As I have already said, we do normally discuss or coordinate 9
with our editors or correspondents.
10 Q. Do you remember speaking to Mr. Kimambo that morning? 11 A. You mean 3rd January. 12 Q. No, I mean 2nd January, which is the day this story would have 13
been prepared?
14 A. Yes, I do remember. 15 Q. What was said in that conversation? 16 A. Normally, I would ask what would happen today, that day. 17 Q. And what did he say? 18 A. That he had a tape, that the investor will be taken to court, 19 20 21 23
and is trying to follow up the story, yes, and I did inform all the editors and we had agreed that the story should go ahead. did you not?
22 Q. You spoke to Mr. Kimambo several times later again that day, 24 A. It is the normal case. 25 Q. What did he tell you?
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LUHANGA - PRICE 2 Q. You repeated that Mr. Middleton was facing these charges. 3 A. It is true. This is the way how it is written. When we write 4 a story we make it, we say it is a big round, so there was no
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LUHANGA - PRICE A. He said that, I am following up and ---3 Q. Following what up? 4 A. -- when it completes. 5 Q. This story has nothing to do with any court proceedings, does 6 it, Mr. Luhanga? 7 A. This story is related to David Stewart, that he was informed 8 -- I will ask him to repeat. This story is related to David 9 Middleton, that he was told by the company, by NSSF, that he 10 was informed to pay seven million shillings. 11 Q. Yes, but you told my Lord a minute ago that Mr. Kimambo told 12 you that Mr. Middleton was going to appear in court. 13 A. He was given seven days to pay the money, that is all. 14 Q. Nothing to do with court proceedings. 15 A. Sorry? 16 Q. Nothing to do with court proceedings. 17 A. Yes, this is not for the court. This is, he was told to pay 18 the money. 19 Q. Where do you think Mr. Kimambo got that information from? 20 A. That he got information from the person from NSSF, the 21 representative of NSSF. 22 Q. Mr. Luhanga, you remember that, do you? 23 A. Yes, I do remember. 24 Q. Did Mr. Kimambo tell you that? 25 A. Yes, he told me that and we did write this.
problem to mention that this man has been charged with this case. Q. This story was written by Mr. Kimambo? A. True, yes. Q. He must have known perfectly well that the charges had been dropped? A. As I have already explained that our correspondent did not get the story. Q. I suggest that it is disgraceful that Nipashe should republish these charges a month after they had been dropped. A. As I said, there is lack of professionalism with that correspondent. Q. A lack of professionalism? A. Yes. Q. I suggest that this story was again deliberately slanted to favour Benjamin Mengi. A. It is not true. We did follow that it is a full story and it is a story about the (?)port, it is a true story. Q. But you never bothered to follow up this important story and find out what had happened to the charges, did you? A. I still repeat myself, what I have already said, a lack of
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LUHANGA - PRICE 2 Q. I suggest that you cannot possibly remember that detail, 3 Mr. Luhanga.
1 4 A. Yes, I do remember. I am reading this. 5 Q. It says that there were complaints, if you look in the middle 6 of the page, do you see a paragraph that begins, "There are 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 6 7 8 9 10 12 13
LUHANGA - PRICE Q. Did you ask Mr. Kimambo whether he had made a note of what the employee had said? A. I do understand that it is whatever questions he asked should be noted or whether it is tape-recorded, or it is noted. Q. Did you ask him that? A. I know it is normal that you have to have a notebook and a pen, and it is the normal thing. MR. JUSTICE BEAN: Mr. Price, we are on article 2 of 7, so I imagine you have along way still to go. just ask one further questions, and then I will finish with this article.
complaints"? That they are not being paid their salaries on time and deductions are being made, "we sometimes go for two or more months without being paid," and at the end of that paragraph, "Mr. Middleton was stacking employees for no good reason." Where did that information come from? A. The story explained that he spoke to one of the employees who made a complaint, who was complaining, and there is also a quotation here that who reported this. Q. Do you remember Mr. Kimambo telling you that? A. He remembers the one who wrote the story. Q. Do you remember Mr. Kimambo telling you where he got this story from? A. As I said, this story was written, reported by the representative of NSSF. Q. You are not suggesting that the part about the employees not being paid their salaries on time and being sacked for no good reason, that did not come from NSSF, did it? A. Yes. The story about that investor has to pay the seven million shillings, it came from the manager of NSSF.
11 MR. PRICE: I was going to suggest a break at that point but can I
14 MR. JUSTICE BEAN: Yes, of course. 15 MR. PRICE: The truth is that this story was planted by 16 18
Mr. Benjamin Mengi, was it not? from the Kilimanjaro.
17 A. He explained clearly that it came from the manager of NSSF, 19 Q. And the story is totally untrue. 20 A. If it is not true, then the manager of NSSF should be 21
complained, should be complaining.
22 MR. PRICE: My Lord, that would be a convenient moment. 23 MR. JUSTICE BEAN: All right, we will just take a 10-minute break 24 25
to 5 past 12. (Short adjournment)
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[Page 511]
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LUHANGA - PRICE the bit about the employees not being paid their salaries, about going for two or more months without being paid, and about the employer sacking employees for no good reason. Where did that come from? months of not being paid, it was mentioned by one of the employees.
LUHANGA - PRICE deal with this article in your witness statement, Mr. Luhanga, page 9. For your Lordship's note it is paragraph 27.
2 Q. Yes, but I am not asking him about that, I am asking him about
2 MR. PRICE: Just go to page 9 of that file now, would you? You
5 A. Yes. 6 Q. Just look at page 10, and look at the last two paragraphs. 7 MR. JUSTICE BEAN: Page 10 of the file? 8 MR. PRICE: I am sorry, my Lord, I am in file 3 and we are looking 9 10 11
7 A. As I mentioned, this information, it says about two or three
at the story of 19th January in Nipashe, which is dealt with in paragraph 27 of the witness statement. Just read those last two paragraphs on page 10. (Pause) Have you read that?
10 Q. Do you remember that? 11 A. It is mentioned there. 12 Q. Did Mr. Kimambo have a statement from the employee, a written 13
12 A. Yes, I did. 13 Q. That repeats the charges against Mr. Middleton and Mr. Ngoja, 14
statement?
14 A. This is what he has explained, as it is explained. 15 Q. Did Mr. Kimambo have a written statement from the employee? 16 A. He does not understand the question. 17 Q. Did Mr. Kimambo have a statement in writing from the employee 18 20
does it not?
15 A. Yes. 16 Q. It does not say that they were denied. 17 A. As I said before, it is lack of professionalism. 18 Q. And it does not say that the charges were dropped? 19 A. I did mention that the correspondent or the editor had a lack 20
making this allegation? to ask questions and answers verbally, that is all.
19 A. It is not easy, he was asking verbally and it is normal maybe 21 Q. Did Mr. Kimambo make a note? 22 A. No doubt. 23 Q. Did you as the news editor, did you ask any of these 24
of professionalism.
21 Q. For the third time. 22 A. It is this the one you are talking about that he refused, he 23 24
denied the charges, our correspondent did not write but he mentioned that he was released on bail.
questions?
25 A. That he discussed with one of the employees.
25 Q. Mr. Kimambo must have known that these charges had by now been
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LUHANGA - PRICE dropped? A. I would not know if he understood. Q. You would not know? A. I would not know. Q. And you did not bother to check? A. As I have already said, the mistake is from the correspondent. Q. And from the editors who did not bother to check? A. I do accept that the mistake is from the correspondent and also we did not see it. Q. This article is about a meeting of the village and the cooperative societies, is it not? A. That is true. Q. It says that more than 2,000 people attended the meeting. A. Yes, as it is explained. Q. It is rather more likely that about 50 people attended the meeting, is it not? A. Did you say 50 people? Q. Yes. A. I would not know because that is the story that was brought to us by the correspondent. Q. By Mr. Kimambo? A. As it was mentioned it was written. Q. You remember speaking to Mr. Kimambo before the morning meeting, the 8 o'clock meeting?
LUHANGA - PRICE
2 Q. You, presumably, could quite easily obtain the minutes? 3 A. Whatever he sees as important he would report. 4 Q. Did you ask to see his notes? 5 A. You have to understand that that farm is 500 kilometres, more 6
than 500 kilometres.
7 Q. There is email, there is the fax machine? 8 A. There was no importance for him to send me the minutes. 9 Q. No importance? 10 A. The minutes, the minutes. I do trust him. Whatever he 11 13 15 17 18 20 22 23 25
understood and what he has written, I do trust him. Guardian newspapers about complaints of libel, have there not? newspapers. number of complaints and the number of retractions, and apologies, that were having to be published. in regard to Nipashe newspapers. and Nipashe, there has been concern about the number of retractions and apologies that were having to be published. employees and I do not know anything about other newspapers.
12 Q. There have from time to time been problems and concern at The 14 A. I do only write or edit at Nipashe newspapers, no other 16 Q. You know that there have in the past been concern about the
19 A. You are talking about a different -- you can ask me anything 21 Q. I am talking about The Guardian newspapers, both The Guardian
24 A. I am talking about Nipashe newspapers which I am one of the
[Page 513]
LUHANGA - PRICE A. It is true we spoke to him. 3 Q. And you agreed that he should proceed to follow up the story? 4 A. He told me that there would be a meeting about these parties 5 and wanted him to go ahead with it. 6 Q. Did he tell you what he thought might happen at the meeting? 7 A. He told me that it is a meeting for the parties, or the 8 (?)colleague, and I told him to go ahead whatever happens, and 9 call it up. 10 Q. And you spoke to Mr. Kimambo several times about the story 11 later that day? 12 A. That is correct. As a news editor it is my duty to follow it 13 up and to see where it has reached. 14 Q. What did Mr. Kimambo tell you? 15 A. After the meeting finished he sent the story. 16 Q. What did he tell you when you spoke to him several times on 17 the telephone again later that day? 18 A. It was a party meeting so he went on listening and after they 19 finish it he wrote the story and sent it. 20 Q. Meetings of this kind would have minutes taken of them, would 21 they not? 22 A. No doubt. 23 Q. Did you ask Mr. Kimambo to obtain the minutes? 24 A. It was only the correspondent and he has to take notes only, 25 not to write minutes. The minutes belong to them.
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[Page 515]
LUHANGA - PRICE 2 Q. You tell me about Nipashe, then. 3 A. In regard to what? 4 Q. Is there a concern about complaints of libel and the number of
1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
retractions and apologies that have to be published? A. In the news sector to write news and to make mistakes or complaint by somebody who is concerned, it is a normal thing. He writes to the editor, and if he is not satisfied, and in our country, Tanzania, it is very good, we have very good news. The Council, Media Council of Tanzania, and normal job and other things is to stand by the correspondents and editors to see if there is any complaint to any reader, and when it happens the editor has to apologise in that case; if it happens, truly, but it is only sometimes. Q. There are strict provisions in all journalists' contracts at the Guardian Limited that they must verify the correctness of news stories? A. I would request to say about Nipashe only. Q. Well, you tell me about Nipashe: are there strict provisions in the journalists' contracts that they must verify the correctness of news stories? A. It is true that whatever we write is true. Q. Editors have to sign a daily register verifying the correctness of stories, do they not? A. Sorry, can you say it again?
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LUHANGA - PRICE Q. Editors have to sign a daily register verifying the correctness of news stories? A. We do not have that sort of signature which you are mentioning. Maybe I did not understand. Q. Well, I will come back to that, possibly, this afternoon. Were any steps taken in relation to this story to ensure balance? A. Yes. Q. What steps were taken to ensure balance? A. Which story? Q. The story that we see on pages 9 and 10. A. As I have already explained, that was a story that came from the meeting, that somebody explains relating to the -- the correspondent normally writes whatever he thinks is important, then he sends. Q. So, you did not think it was necessary to obtain Mr. Middleton's side of the story? A. The correspondents knew that he has written to us, sent to us; it is complete. Q. Is he saying there was no need to get Mr. Middleton's side of the story? A. Is it about relating to the village people? Q. Just look in the middle of page 10. This is a report that says: "75 trees had been harvested for timber without the
1 2 3 4
LUHANGA - PRICE that anything relating to the demolishing of the coffee and whatever it is, it is concerned by the High Commissioner, it has been reviewed by the High Commissioner.
5 Q. When was it reviewed by the High Commissioner? 6 A. The correspondent mentioned. That was the answer by the 7 9 11
correspondent. the story in this story? information, and he did ask him, and he answered.
8 Q. Why was Mr. Middleton not given a chance to put his side of 10 A. As I have already mentioned, the correspondent already had the 12 Q. He asked who? 13 A. He did answer Mr. Middleton, and the answer was that he could 14 16 18 19 20
not answer and this is waiting for the High Commissioner. this story? relation to demolishing of the trees, and he asked this question and the answer was that this question has been left to the Ambassador, the High Commissioner.
15 Q. Are you saying that Mr. Kimambo contacted Mr. Middleton about 17 A. I cannot confirm whether he discussed, but there is a story in
21 Q. Well, was that before this story was published? 22 A. Repeat the question, please. 23 Q. I did not hear that answer. 24 A. Repeat the question. 25 Q. The question is: did Mr. Middleton give that explanation in
[Page 517]
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[Page 519]
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LUHANGA - PRICE permission of the Board." Do you see that? A. In relation to the trees, and so on, the correspondents discussed with David and explained that story, or that question. It concerned about -- it is discussed by the High Commissioner of Tanzania. So, he had no time to discuss about this. Q. He had no time to discuss? A. He was not ready to discuss with the High Commissioner. Q. This is nothing to do with the High Commissioner. The story says that Mr. Middleton had cut down trees without permission. A. Which paragraph? Q. It is the paragraph in the middle of page 10. It said that he says that he had demolished the coffee treatment factory and the building for drying coffee; it says that the machinery and the equipment had gone missing, and that 15 out of 25 houses, including the manager's house, had been demolished; and it says: "This destruction took place while the farm was under the supervision of Stuart Middleton." A. Well, it was written by Mr. Lemar. Q. Did you not think ---A. And Lemar was informing, giving the information. Q. Did you not think that Mr. Middleton should be given a chance to put his side of the story? A. If you remember, there is a story like this, and he mentioned
LUHANGA - PRICE relation to the cutting of trees before this story was published? A. Before this story was written. Q. Who told you that? A. It is in the story there. Q. Where is it in the story? A. There was a story relating to the cutting of the trees. Q. When? A. I can't remember. Q. In Nipashe? A. Yes. Q. Before this? A. I think so. Q. There was no such story, Mr. Luhanga. A. There was a story that he was asked in relation to the cutting of the ---Q. Well, I shall wait ---A. -- the trees or the coffee ---Q. I shall wait to be shown it. Can I ask you now to go to page 12 of this bundle. You see there a story of 2nd February 2006 -- page 12. A. Yes. (Pause) Q. He can read it for himself; he reads English and clearly understands it. (To the witness) Do you remember that story?
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LUHANGA - PRICE I say that I can read it, but I cannot explain it. Were you involved in that story at all? No. I read about this story. Why were you not involved in it? How would I get involved -- because it was brought to me by the correspondent. Q. Okay. Well, you tell me what happened when the correspondent -- what happened when Mr. Kimambo brought you this story? A. In what way? Q. Well, you just told my Lord that Mr. Kimambo brought you this story. Is that right? A. Yes, I read it; and what I have explained, it was what was in here. Q. Did you speak to Mr. Kimambo on the telephone about it? A. That is a normal thing to discuss with Kimambo and other correspondents. Q. Well, just look at paragraph 31 of your witness statement, would you? That is in file 2 -- the other file, the file on the left, this file here -- page 134. File 2, tab 4. Page 134, paragraph 31, at the bottom of the page. A. Yes. Q. Is that true? A. Yes, it is true. A. Q. A. Q. A.
1 2
LUHANGA - PRICE Mr. Luhanga?
3 A. It is a story that went through the court. 4 Q. If you look at the second to last paragraph, she also applied 5 6 7
for the court to order the foreigner to allow vets to enter the farm to treat and vaccinate the remaining livestock, so that they would not continue to die.
8 A. What was the question on that? 9 Q. I am just drawing your attention to the story. 10 A. Yes, I do see. 11 Q. Do you remember speaking to Mr. Kimambo about this story? 12 A. I cannot remember whether it was me straightaway until I read 13
it carefully.
14 Q. Okay. Well, you read it carefully. (Pause) 15 A. Yes, I do remember. 16 Q. Do you remember Mr. Kimambo speaking to you about this story? 17 A. Yes, I do remember. He did. 18 Q. You spoke to him before the morning meeting, did you? 19 A. Normally, he informed us at eight o'clock. There would be a 20 22 24 25
meeting. remember speaking to Mr. Kimambo about this story? remember the story, and I cannot remember if I spoke to him in depth. It is a long time.
21 Q. Well, I am not asking about normally. I am asking, do you 23 A. Truly speaking, I don't remember, but I do know the story. I
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LUHANGA - PRICE 2 Q. Do you remember speaking to Mr. Kimambo at all? 3 A. As editor, I normally discuss with my correspondents. 4 Q. I am not asking him what normally happens. He has explained
1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
LUHANGA - PRICE the story to you and you speaking to him about it and dealing with it in the normal way ----
2 Q. So, what you have just told my Lord about Mr. Kimambo bringing
5 A. Can you say that again? 6 Q. You have just told my Lord a moment ago that Mr. Kimambo 7 8 10 11 13 15 16 18 19 20 21 22 23 24 25
brought to you this story and you handled it in the normal way. I am not there, somebody else, another editor, will be there to read the information. not, Mr. Luhanga? else will be there. That is the normal thing, that he would discuss with other correspondents. right. For your Lordship's note, this is dealt with in paragraph 32 of the witness statement. This is a story about Mr. Middleton preventing the magistrate from entering the farm, is it not; and it is a story, also, if you look in the second paragraph, about a complaint by Millie Mengi that 32 cattle and 11 goats had died and been "buried in the farm by the foreigner" without her permission. It is a very damaging story about Mr. Middleton, this, is it not,
9 A. I did say that it is a normal thing that the editor -- even if
12 Q. You are just making your evidence up as it goes along, are you 14 A. No. This is the normal thing. If I am not there, somebody
17 Q. Just look then at the story on page 14 of the file on the
that in his witness statement. I am asking whether you remember speaking to Mr. Kimambo about this story? A. It was not easy to remember; but as I said, normally, it is my duty to discuss with my correspondents. Q. Well, my understanding of your answer is that you do not remember, but normally you do? A. It is my duty to discuss with my correspondents, and if I am not there, there is somebody else who does. Q. Do you remember this story being discussed at any editorial meetings? A. Whether I was there or not there, they have to discuss about that. There would be no story that would be passed without the acceptance of the editors. Q. I understand that. But you have no particular memory of this story being discussed at the meetings? A. I think it is a long time ago to remember whether I was there or not. I cannot tell you. But story has to be there, and it was accepted by the editors. That is the normal thing to happen in regard to Nipashe newspapers. Q. But you did not remember this story being discussed at the meetings?
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LUHANGA - PRICE 2 A. It is a long time. I don't remember if I was there. 3 Q. I understand. Look at paragraph 32 of your witness statement. 4 A. Paragraph 32?
1 5 Q. The other bundle, page 135 of it. You do not need to 6 translate this, because Mr. Luhanga can read it and understand 7 8 9 10
LUHANGA - PRICE
2 A. It is not right. 3 MR. JUSTICE BEAN: On this one that we have just been looking at, 4 5 6
Mr. Luhanga, 24th May 2006 -- have you got that -- when were you first asked to give a detailed account of what you did or did not do on that day; was it this year?
it. Do you see what you say: "I spoke to Mr. Kimambo in the morning before the meeting and he informed me about the story and we agreed he should proceed to follow it up." You do not remember any of that, do you, Mr. Luhanga?
7 A. It was 2006. 8 Q. You were asked in 2006 to give a detailed account of what you 9 11 13 14 15 16 18 19 20 21 23 24 25
did and did not do on 24th May 2006; is that right? It is not easy to remember so many things, everything. witness statement a few weeks ago; that is six years after this article was written. Was that the first time that you were asked to give a detailed explanation of what you did in relation to this article on 24th May 2006? So, if I see in the Swahili language, I can tell you, I can confirm whether it was me. But this was translated. But the other statement, it is very difficult to understand whether this is my style or not. If I saw the story in Swahili.... the question I was asking. The barrister who has been asking you questions this morning has suggested to you that you are making up your evidence, because six years after 24th May 2006
10 A. Mr. Judge, as I have already explained, it was a long time. 12 Q. I do not think you understood the question. You made a
11 A. Now I remember. Now I read, now I remember. 12 Q. "During the course of the day I spoke to Mr. Kimambo about the 13 story several times, but I can't remember exactly how many
times." 15 A. Yes. 16 Q. You do not remember any of that, do you, Mr. Luhanga? 17 A. I did explain that, but I cannot remember.
14 18 Q. Can you remember speaking to Mr. Kimambo several times? 19 A. Yes, I do remember I spoke to him several times, but I don't 20 know how many. 21 Q. You remember that? "As the acting news editor, I presented 22 the story idea at the editorial meetings." 23 A. That is what I say: if I was there, or somebody else, this 24 has to be agreed and passed. 25 Q. The truth is that you do not remember?
17 A. My Lord, the stories that I read, it was mentioned in Swahili.
22 Q. I am sure the story in Swahili is in court, but that is not
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LUHANGA - PRICE A. As I have already explained here, if I was there or somebody else, it has to follow the rules. Q. That is not what you say. You say: "As the acting news editor, I presented the story idea at editorial meetings." A. It is true, if I was there; and if it was not me, someone else would do it. With the basis of this information, I have to follow up the rules. Q. The truth is that you do not remember the handling of any of these stories, do you, Mr. Luhanga? A. I do remember. I am explaining that. Q. You do not remember? A. It is you who is saying that. Q. Well, do you say that you do remember? A. I say that it is a long time, the story, unless I have to check it again (sic). Q. Do you remember any of these stories being dealt with at Nipashe, Mr. Luhanga? A. It is not easy to remember everything. Q. I suggest that your witness statement is simply false, because you have no memory? A. It is not true. Q. And that all you can tell my Lord is what normally happens? A. That is what you are saying. Q. Well, is it right?
LUHANGA - PRICE you could not possibly remember what you did or did not do that day. Do you understand the point?
4 A. Yes, I do understand, my Lord. 5 Q. What do you say about it? 6 A. I say the same, my Lord. These stories that have been 7 8 9 11 12 14
mentioned in Swahili and the stories that I edited, if I checked it to the end, I would know whether I am the one who passed it or not. remember whether you spoke to Mr. Kimambo several times, once, or not at all. how many times.
10 Q. Counsel was suggesting, rightly or wrongly, that you could not
13 A. I do remember that I did discuss with him, but I wouldn't know 15 MR. JUSTICE BEAN: All right, Mr. Price, back to you. 16 MR. PRICE: Well, perhaps I should ask you this. There is no 17
balance in this story, is there?
18 A. Which story? 19 Q. The story that we have just been looking at, which is the one 20
on page 14.
21 A. Page? 22 Q. Page 14. It does not give Mr. Middleton's side of the story, 23 25
does it? was someone, the supervisor of his farm, the person who was
24 A. There is a balance here, it is a balanced story, because there
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LUHANGA - PRICE looking after the farm, and discuss about him. It is about the court; it is the information from the court. Q. It does not -- I am sorry, I am interrupting. Please finish. A. It is a story relating to the court in this case, and the person who was looking after the farm, he was discussing, as he was told by his boss, that he should not allow Mengi to enter. There was a balance. Q. Well, you tell me where it gives Mr. Middleton's side of the story? A. I said it was a story from the court. Q. It is not a story from the court. It says, in the middle of the page: "The guard, who was identified as Marisale, told the magistrate that he had orders from his boss." This is happening at the farm gate, not in court. A. Now what is your question -- it is not from the court? Q. It is a report of something that happened at the gate to the farm. A. It is a story saying that the court went from the court to the farm, and so even the place where they went, it is like a court. Q. And Mr. Middleton's side of the story is that he was away that day, and so that he knew nothing about it? A. It is not there. Q. Well, I suggest that this story, like all the other stories,
LUHANGA - PRICE 2 Q. So, you have never seen it? 3 A. That is the meaning: I didn't see it. 4 Q. Okay. You produced this story as an exhibit to your witness
1 5 6 7
statement, Mr. Luhanga. Let him be handed file 2 of the exhibits to the witness statements. (Same Handed)
Your Lordship probably has this. 8 MR. JUSTICE BEAN: Yes. 9 MR. PRICE: Look at tab 4. I am sorry, the files are
10 11 12 13 14
accumulating. Look at tab 4 of that file. Perhaps before you turn, perhaps you can just look at the front sheet. If you look at the front sheet and show him number 4, "Exhibit to the witness statement of Boniface Luhanga". Show him that. Do
you see, the exhibit to your witness statement is at tab 4. 15 A. Yes. 16 Q. If you go to tab 4 now, this is the exhibit to your witness 17 statement. Go to page 34. See, this is the story we have just been looking at, is it not: "Businessman accused of..." 19 A. I didn't write this. 20 Q. You have just told my Lord that you have never seen this story 21 before.
18 22 MR. RAMPTON: I do not think that is right. My note says that he 23 said, "I did not see the article." I may be wrong, but that
is what my note says. 25 MR. PRICE: When did you see this story? I asked you the question
24
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LUHANGA - PRICE is slanted to favour Benjamin Mengi. which we reported from the court, and I can't see why we do.... side of the story? stories that come from the court, and this is a normal thing we do from the court.
LUHANGA - PRICE about five times, Mr. Luhanga. Have you seen this story before? A. I did explain to you, I have never read it in other papers. Q. Have you ever seen this story before? A. I did not read that story. Q. Have you ever seen the story before? A. If I saw it, maybe I didn't read it carefully. Q. How does it come to appear in the exhibit to your witness statement, Mr. Luhanga?
3 A. It is what you believe. These are the facts of the reports
6 Q. You did not think it necessary to ask Mr. Middleton for his 8 A. It is a story from the court. So, we depend on all the
11 THE INTERPRETER: Can I have some water, please? 13 14
11 A. Maybe it is relating to the investor. 13 15
12 MR. PRICE: Of course. Can somebody give the poor translator some 12 Q. What I suggest is that somebody in Mr. Nguma's office gave you
water? Just look at page 15 now, in file 3. That is a story in the Tanzanian Daily News.
a lot of things which you did not look at. whatever is in my statement.
14 A. No. Whatever that was in my statement is mine, and I signed 16 Q. How was the exhibit to your witness statement prepared? 17 A. I would say that that story, I did not read it carefully. But 18 19
15 A. Yes, I can see it. 16 Q. Have you ever seen that story before? 17 A. Yes, I can see it, but it does not concern me. It is not my 18
newspaper.
it is a story, it is there, and it is in relation to Mr. Middleton.
19 Q. The question is: have you ever seen that story before? 20 A. Unfortunately, I didn't see it. 21 Q. Have you ever seen that story before? 22 A. Unfortunately, as I said, there are so many newspapers in 23
20 MR. PRICE: My Lord, that might be a good moment. 21 MR. JUSTICE BEAN: Yes. We will break off now until two o'clock. 22 23 24 25
Mr. Luhanga, you must understand, any witness who has not completed his evidence, as you have not, must not talk to anybody else about the case until his evidence is completed. So, you can have lunch now, or not, as you like, but you must
Tanzania, maybe it did not pass to me.
24 Q. Have you ever seen that story before? 25 A. I did not see it. Unluckily, I did not see this paper.
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LUHANGA - PRICE not discuss the case with anyone. Do you understand? THE WITNESS: Yes. MR. JUSTICE BEAN: Two o'clock. (Adjourned for a short time) MR. PRICE: Just before the adjournment, Mr. Luhanga, we were looking at page 15. You can put that top bundle away now. Put it on top of the -- get it right away, so that it is not in your way. Put it on top of the ---A. Which one? This one? Q. No, put it right on top of the box on your right-hand side. That is it. Now if we can go to file 3 and look at page 15? Page 15 should mean that you have to turn it round. I should leave that open because I will need to go back to it, but just put it to one side. You can put it to your right-hand side on the top. This is an article in the Tanzanian Daily News which you probably have never seen before. However, I just want to draw your attention -- would you read the first paragraph of it? If that was true, it was a newsworthy story, was it not, Mr. Luhanga? A. The way, according to the story, the way it was mentioned, yes. Q. If you look at the fourth column of the story, where it says, "The Minister for Planning", do you see that?
LUHANGA - PRICE 2 Q. Then you see there is a quote, right at the end of the last 3 column, from the Minister: "They are using local organs to
1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
harass legal investors. This is open corruption, which I strongly condemn. It shames us as a nation, which has set out to attract foreign investors." That is very newsworthy, is it not? A. It is the way you are reading and the way I am reading. It is news. Q. If you look at the bottom of the second column, where it says the High Commissioner, Dr. Pocock, complained. You see that, where it says "Dr. Pocock"? A. Yes, I can read it. Q. Okay. He says, "'Instead of being helped, he has been harassed at every stage. Not only have attempts been made to seize his farm illegally, but those attempts have been assisted by the Moshi police and judiciary,' he lamented." That is newsworthy when the High Commissioner says that, is it not? A. Yes, it is, as it was mentioned, the way it was written and if it is true the way it is quoted, yes, it is news. The way he was quoted as the way I can read it, yes. Q. Why was it not reported in Nipashe? A. It does not mean that all the news has to be published in Nipashe. It does not mean that all the newspapers have to
[Page 533]
LUHANGA - PRICE 2 A. Yes. 3 Q. You see it says, "The Minister for planning...." There is no 4 need to translate this because Mr. Luhanga will understand it.
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1 2 3 5 7 8 10 12
[Page 535]
LUHANGA - PRICE write the same stories. Whatever it is written to other newspapers, maybe Nipashe would not write. report this in Nipashe? has to be similar in other newspapers. It happened like that. It happened like that, but it is not a must. this aspect of the story in Nipashe? is a story.
4 Q. So are you saying that a decision was taken that you would not 6 A. The news that comes from one newspaper, it does not mean it
"The Minister for planning, Dr. Ngasongwa, confirmed that the investors had appealed to him as well as the Ministers for Justice and Public Safety. Dr. Ngasongwa said that the investors were bona fide and had been registered by the Tanzanian Investment Centre and they had the full support of his ministry." That was of public interest and a newsworthy story, was it not, that the Minister had said that? A. I do trust because the correspondents have written this way, the way I can read it and the way I can see it. Q. It is a newsworthy story, is it not? A. I can see the person who was quoted, the Minister, I think it is a story, perhaps. Q. It is a newsworthy story, is it not? A. Yes, as I can see, even from the editors, the way they have written, it is a story. Q. I want you to answer this question "yes" or "no". Do you understand? A. Yes. Q. It is this a newsworthy story? A. Yes.
9 Q. Are you saying that it was decided that you would not cover 11 A. If we did receive it, why we would not run in our paper? It 13 MR. JUSTICE BEAN: Sorry, could you just repeat that answer? 14 MR. RAMPTON: Yes, please. 15 MR. JUSTICE BEAN: "If we did receive it...."? 16 A. We would have printed. 17 MR. JUSTICE BEAN: "We would have printed"? 18 MR. PRICE: Are you saying that you were unaware that the Minister 19 21 23 24
had made this statement? correspondents, it does not mean that I have to be there. Mr. Middleton was ever published in Nipashe was a deliberate decision?
20 A. If it is a question between the Minister and our 22 Q. I suggest to you that the reason why nothing that favoured
25 A. It is not true.
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LUHANGA - PRICE Middleton's were sued by Mr. Mengi and the award of 90 million shillings was made. Sorry, Mr. Benjamin Mengi. Your Lordship may have picked that up already, but that is the story. somewhere, no doubt at your fingertips. page 17? This is a story about the Fiona company terminating the contract with Silverdale and demanding a billion shillings, which is about 400,000, for failure to develop the farm?
2 Q. For your Lordship's note, that is the story on which the
LUHANGA - PRICE 2 A. Over the phone, the way he told me. 3 Q. Say that again. 4 A. Over the phone.
1 5 Q. Do you remember that? 6 A. No, I cannot remember. 7 Q. Did he telephone Mr. Middleton once or more than once? 8 A. I do not remember how many times, but he did tell me that he 9 did try to find him and could not locate him and I do trust my 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
6 MR. JUSTICE BEAN: Yes, and there is reference to that award 8 MR. PRICE: Yes, we are coming on to that. Can we then move on to
13 A. Yes, I can see the story. 14 Q. It is based, as it says, if you look in the second paragraph, 15 16 17
"The decision to determinate was communicated through a report by the Director of the Fiona company, Mr. Benjamin Mengi, dated May, the 17th"?
18 A. It is true it was a report. 19 Q. Did Mr. Kimambo tell you that he had seen that report? 20 A. It is true that it is, he saw it. That is why he wrote it. 21 Q. He told you that? 22 A. That is why he told me there is such a story and he wrote it. 23 Q. Did you ask to see the report? 24 A. I do trust my correspondents, whatever they have written, that 25
that was a story and I had no doubt about it.
correspondent. Q. Mr. Middleton says that nobody from either the Guardian or Nipashe ever spoke to him about any of these stories. A. If that is true, did he write to the editor or to, of compassion? Q. Yes, he did. He wrote to the Managing Editor of the Guardian and he wrote to Mr. Reginald Mengi? A. He is not an editor. I am sorry, he made a mistake there. Q. Let us move on to page 18. This is "British investor arraigned in Hai." You can see that it was said that he was arraigned in court to face two separate charges of contempt of court and refusing to allow police officers to enter the farm? A. Is it true? Q. This story was submitted by a Moshi correspondent called Ms. Kitamaris? A. Yes, (inaudible) Kitamari. This is true.
[Page 537]
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[Page 539]
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LUHANGA - PRICE Q. What is the function of an editor if he simply trusts the reporters and publishes everything they produce? A. As the editor, yes, I do trust those people, correspondents from the counties and if there was a doubt, I would have asked him. Q. What do you mean "if there was a doubt"? Do you never check stories that come in from correspondents? A. I had no doubt about this report because he gave references. Q. However, you told my Lord earlier that on three different occasions Mr. Kimambo had been unprofessional over this story? A. I said there are some times that as a human being he made a mistake, but other stories he make very good stories. Q. On this story, he was giving you completely one-sided stories which were very damaging to Mr. Middleton? A. It was a report that was given by one side. Q. You see it says at the bottom that Mr. Middleton could not be obtained to discuss the termination of the contract? A. If he was not available, but the correspondent did try his best. Q. How do you know? A. He wrote it in the story. If you read it carefully, the story, you will see that at the end he did try to find Mr. Middleton. Q. What efforts did he make to contact Mr. Middleton?
LUHANGA - PRICE Q. Do you remember that? Probably it says that, does it, in the Swahili version of Nipashe? A. Yes, I do remember because if I read this thing, yes, I do remember. Q. It is a very damaging story of Mr. Middleton because if you look at not the last paragraph, but the next to last paragraph, it says that the prosecution argue that the accused was not trustworthy and that if granted bail he was likely to abscond. A. He did not understand the question. Q. I am just asking him whether he accepts that it was a very damaging story for Mr. Middleton? A. I do not think -- is it a true story? It is a true story, it was with the court. Q. Does the story report that Mr. Middleton denied the charges? A. Yes. Q. Where? A. Also, the correspondent wrote that -- yes, he said that he was returned back to the court. Q. Does the report say that Mr. Middleton denied the charges? A. Until I read the papers because it was a long time. Q. Let me help you: it does not say that Mr. Middleton denied the charges. A. It does not say, but it says that it has returned.
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LUHANGA - PRICE Q. Is it not fundamental fairness to report that the accused denied the charges? A. The story also goes, when I say that it is the lack of professionalism. Q. So this is now Ms. Kitamaris who is showing lack of professionalism, is it? A. Yes, it is, yes. It is true that she did not mention that the accused denied. I did explain that he requested to be released on bail, but the court refused. Q. I suggest that this is another story that is deliberately slanted to favour the Chairman's brother? A. It is not true. It was from the court. Even if he denies, the case would still go on. Q. Was this story ever followed up by Ms. Kitamaris or by Mr. Kimambo? A. Sorry? Q. Was this story ever followed up by Mr. Kimambo or Ms. Kitamaris? A. This story was written by Mr. Kimambo. I do not remember. Q. You do not remember? A. No. Q. You see, it says at the end that the accused was remanded until 1st August, when the hearing of the case will commence? A. (Inaudible), but I do not remember.
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LUHANGA - PRICE Mr. Middleton, ruling...." You do not need to translate because he can follow this and, if he cannot, he will tell us. MR. JUSTICE BEAN: Just read through the article yourself. MR. PRICE: Yes, read the article. MR. JUSTICE BEAN: Do not read it aloud, just read it. All right? I would like you to look through it and then tell me if you do not understand it. A. Yes, I have read, or I understand. MR. PRICE: You see, what it says is that the warrant for Mr. Middleton's arrest was fraudulently issued. Do you see that? A. No, this story, the correspondent has made a mistake and when we read, I do remember one of the correspondents, one of the editors, sorry, did ask "Why you made the mistake of this story?" Why he made an error, he missed. Q. It says that there was no evidence of a tendency by Mr. Middleton to disobey court orders and that the magistrate was biassed. A. This story we miss out and we are very sorry. Q. Why was that story not included in Nipashe? A. I did ask one of the editors, one of the editors did ask the correspondent, "Why you miss the story?" Truly speaking, I did not have any information. That is all. It is a normal thing.
[Page 541]
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[Page 543]
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LUHANGA - PRICE Q. Were you interested in finding out what happened to this newsworthy story? A. As I said, our correspondents are the ones who bring the stories; we only do what we receive. Q. So the editors simply are not interested in a newsworthy story, saying, "Look, should you not follow this up?" A. They are supposed to send information, but they did not. Q. They were unprofessional about it again, were they? A. It is a person whom we do not force to do everything. It is only what he gets. Q. However, in this case, it seems that they report everything that is favourable to Mr. Benjamin Mengi and nothing that is unfavourable? A. Of the story, it is true. Q. Look at page 19. This is five days after the story that we have just been looking at in Nipashe. Do you see that? Five days later. You read that now. It is in the Daily News. "Court orders release of Moshi investor. The High Court has ordered the immediate release...." you do not need to translate because he can understand it. He says he can clearly understand written English. You do not need to translate. A. It is true. Q. "The High Court has ordered immediate release of
LUHANGA - PRICE Q. Another unprofessional mistake? A. No, the correspondent did miss the story. Q. Look at the next page, page 20. Have you got page 20 now? This is not very easy to read, but I will read it slowly and you follow it, if you will, Mr. Luhanga. "Britain spared of criminal charges. Police have dropped criminal charges against a British investor, Mr. Middleton, who was earlier accused of disobeying a temporary court order issued by the resident Magistrates' Court here in May." The charges were dropped. Was that reported in Nipashe? A. No, unhappily, we did not. Q. Why not? A. Our correspondent missed. Q. Another unprofessional mistake? A. To get information about the story and not to get it, it is a normal thing. We could get the story, other newspapers will miss and these people did get it, but we missed. Q. I suggest that it is not a mistake at all. What you were up to at Nipashe was publishing stories that favoured Mr. Benjamin Mengi and ---A. It is not true and there is no reason. Q. Mr. Luhanga, the fact is, it is not your fault, but you were told not to report anything favourable to Mr. Middleton, were you not?
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LUHANGA - PRICE 2 A. Excuse me, I did not hear that. 3 Q. It is not your fault, Mr. Luhanga, but you were instructed not 4 to report anything favourable to Mr. Middleton, were you not?
1 5 A. Who gave me this order? 6 Q. I do not know who gave it to you. It may have been the 7 Manager Director or the Managing Editor? 8 A. What I explain to you, these stories always pass through 9 (inaudible) the editors. It is not me, (inaudible) of the 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
1 2 3 4 5 7 8 9 11 13 15 16 17 19 20 22 24
LUHANGA - PRICE the lower punch hole, it says, "He said that their boss...." and that is Mr. Middleton, "...had witnessed the attack and had not done anything to help him." It is as damaging a story of Mr. Middleton as one can imagine, is it not, Mr. Luhanga? made. It was a mistake that was made by the employees and the Commander of the police did confirm this, the regular police did confirm this. witnessed the attack and had done nothing to help the victim? happened, but he said, "We are investigating." is in the Guardian: "The Regional Police Commander denied claims that Habibu had slashed with pangas, but had just been assaulted." request that if you want to know more about that, talk about Nipashe. that Habibu had been slashed with pangas, did you? investigated.
6 A. It is not true because the story, it was a mistake that was
editors. There is no one who would involve in this. It is our decision. Q. It is a little surprising that there should have been five unprofessional mistakes? A. Even if it is five, but it is not, it is not that we are told to do things. Q. You know that you must not publish stories that would be critical of Mr. Mengi, your boss or his brother? A. Who said that? Q. I am suggesting to you that you know very well ---MR. RAMPTON: My Lord, it is very difficult to hear when three people (and now four) are speaking at the same time. It is impossible. I am listening to Mr. Price, I am listening to the interpreter and to Mr. Luhanga and they are all speaking at the same time. I just do not know what the evidence is. MR. JUSTICE BEAN: I heard Mr. Price clearly enough.
10 Q. Did the Commander of the police confirm that Mr. Middleton had 12 A. Yes, the commander of the police did confirm what had 14 Q. If you look at page 21, do you see the last paragraph? This
18 A. This is the Guardian newspaper and this is Nipashe and I would
21 Q. You did not report that the Police Commander had denied claims 23 A. However, the correspondence did mention that it is being 25 Q. It was the same correspondent, it was Mr. Kimambo who wrote
[Page 545]
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[Page 547]
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LUHANGA - PRICE Mr. Interpreter, can you make sure that the witness does not talk across you. Mr. Luhanga, when the interpreter is interpreting something for you, please wait until he finishes because those of us who cannot speak Swahili, that is me and the lawyers, cannot make out what is being said. So take it slowly. A. Okay. MR. JUSTICE BEAN: Mr. Price, if you can remember what the question was, put it again. MR. PRICE: I can. You know that you must not publish any story critical of Mr. Reginald Mengi? A. It is not true. Q. You know that you must not publish any story critical of Mr. Benjamin Mengi? A. It is not true. Q. You knew that you must publish stories which were seriously critical of Mr. Middleton? A. It is not true. Q. Go to page 22. Do you remember this story? "I was attacked by the employees of an investor." Do you remember that story? A. Yes, I do. Q. It reports a local resident in hospital, in critical condition, after an alleged beating using batons and machetes by the employees of British investor." If you look just below
LUHANGA - PRICE both stories, was it not? A. The way it is handled between Nipashe and the Guardian, but the way I write and the story that we did receive from our correspondent in Moshi, this is how it was. Q. Was Mr. Middleton given a chance to put his side of the story? A. No, it was not mentioned that he did beat him. The one who was asked to involve the employee, who was also accused of beatings. Q. Was Mr. Middleton given a chance to put his side of the story? A. He was not given. The story said that he was there, but he did not get involved. Q. There is no balance in this story? A. It is what you think, but if you check carefully, one of the employees was asked. Q. However, not Mr. Middleton? A. Mr. Middleton was not asked because he was not accused of beating the person. Q. He was accused of witnessing the attack and doing nothing about it? A. To be there and to be involved is different. If he was involved in the beating, they would have asked him. Q. Okay. Would you go forward to page 25? This is a report of the Middleton's being ordered to pay 90 million in compensation?
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LUHANGA - PRICE A. Yes. 3 Q. It says, if you look at the fourth paragraph, "The case was 4 commenced on 30th August by businessman Benjamin Mengi. 5 Before commencing the case, the two British Nationals were 6 given an opportunity of making an apology by Benjamin Mengi. 7 They refused to issue an apology and when the case was 8 commenced they did not file any defence or attend the court. 9 Do you see that? 10 A. Yes. 11 Q. There could be many reasons why they did not attend the court, 12 could there not? 13 A. He did he not understand the question. What was the question? 14 Q. There could be many reasons why the Middletons did not attend 15 the court? 16 A. I do not know. That is what is written here, that he was not 17 that he was not there in the court. 18 Q. Were the Middleton's given any opportunity to put their side 19 of the case before this story was published? 20 A. In this story? 21 Q. Yes. 22 A. It is a story from the court. What we write, that was, what 23 normally we write it is that that came from the court. 24 Q. If you had contacted Mr. Middleton, he would have told you 25 that his lawyer had told him that he had filed a defence, but
1 2
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LUHANGA - PRICE I would ask you to look at paragraph 55 of your witness statement, please. The last page of your witness statement, page 140. You see what you say there, paragraph 55? Would you read that? A. Yes, I can see. Q. Did the other newspapers report the story in the same way as Nipashe, in a way which favoured Mr. Benjamin Mengi and was hostile to Mr. Middleton? A. There is no such thing about favouring somebody. The thing I want to explain, the story that we report and the one we did not report and the other newspaper did report, it is up to them. Q. What I am going to suggest to you is that reports in other newspapers were very different because with one exception there was a degree of balance in the reports. A. The writing is quite different. However, the facts are the same. Q. Let's look at it because you produce in your exhibit all the stories in other newspapers that you rely on, do you not? A. And the same question, which papers? Q. Look at paragraph 55, "I exhibit articles concerning the Silverdale dispute." A. 55? Q. Paragraph 55.
[Page 549]
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[Page 551]
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LUHANGA - PRICE his lawyer was lying.
3 A. If he was asked? 4 Q. If you had contacted Mr. Middleton, he would have been able to 5 explain the truth? 6 A. I say that story is from the court. Normally, the Tanzanian 7 court, whatever we report, it was from the court. 8 MR. JUSTICE BEAN: Mr. Price, I think it is only right on this one 9 to point out to the witness the last two paragraphs on page
26. 11 MR. PRICE: Yes. You had better look at page 26. "However, after 12 delivery of the judgment, the British National requested the
10 13 14 15 16 17
court to provide him with a copy of the judgment and the proceedings of the court because he intended to appeal. 'I am very disappointed with this judgment and I am requesting a copy of the proceedings and the judgment because I intend to
appeal.'" 18 A. Yes, I can see. 19 Q. What it does not report is that his lawyer had told him that 20 he had filed a defence, but he had not?
21 A. However, this was already explained here that he requested the 22 court that a copy of the, he did request a copy of the -- and 23 24
this was all in court, in the court. That was why we reported
this one. 25 Q. Can I ask you to look at -- you can put that file away now and
LUHANGA - PRICE A. Yes. Q. "I exhibit articles concerning the Silverdale dispute which appeared in other newspapers at BML1 pages 30-40." A. Yes. Certain things which are mentioned, there are some stories which Nipashe report, it is about a similar story, and others did not report. At the same time the problems about the Silverdale other newspapers do not report. This is a normal thing. They do get a report we miss or sometimes we get it and others they miss the report. Q. Some things you miss and those are all the things that favour Mr. Middleton. A. It is not true. Q. Let's look at the exhibit to your witness statement which is in the file you have on top, on the right there. If you go to page 30 of it, it is file 2 of the exhibits file, that is in Mwananchi. We have looked at that already. A. What page? MR. JUSTICE BEAN: Tab 4. MR. PRICE: Tab 4, page 30. A. Yes. Q. That is in Swahili, in Mwananchi. There is a translation on the following page, we have looked at that. Tab 4, page 30. We have looked at that because if you look at the last paragraph it reports that the accused denied the charges.
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LUHANGA - PRICE MR. JUSTICE BEAN: I do not think they are there yet. MR. PRICE: It is tab 4, page 30. It may be it is not your fault because the file seems to be sticking. That is the report we have already looked at in Mwananchi. You will see in the last paragraph it says, "the accused denied the charges". A. Is it the newspaper that was written from somebody from Tanzania newspapers? Q. That is Mwananchi, the article in tab 4, page 30. MR. JUSTICE BEAN: There is an ad azt the bottom and has something to do with T-shirts. Do you have it? A. Yes. MR. PRICE: We have looked at this in the last paragraph, it reports that "the accused denied the charges". A. I have already answered. Q. You have already answered. A. It is the lack of professionalism. Q. Looking at page 32 now, this is a story by Grace Macha. Do you see it is by Grace Macha? A. Yes, I can see. Q. Who is Grace Macha? A. I think she is from The African. Q. Who is she married to? A. I do not know. Q. She is married to Mr. Kimambo.
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LUHANGA - PRICE in the East African. Do you see that? You will have to turn it round if you are on page 36. A. Yes. Q. "Terrified British farm investors flee from Moshi." A. Yes. Q. "In a dramatic turn of events two British investors have fled Moshi after receiving persistent death threats in the wake of the invasion of the Silverdale Farm by a large herd of cattle causing massive destruction." What was not reported in Nipashe, was it? A. I did not see the story. Q. Why was it not reported in Nipashe? A. Maybe my correspondent did not get it, missed out. Q. If you look over the page, there is a long article in the East African, "British duo flee Moshi," and if you look in the middle of the fourth column there is a long account of what Mr. Roger Gale, a British Member of Parliament, said about it. A. What did he say? Q. In the middle of the fourth column, do you see it says, "According to Mr. Gale signs of trouble began", and Mr. Gale is a British Member of Parliament, is he not? A. Yes, I can read it. Q. Look in the third column, where it says, "Last week a British Member of Parliament, Roger Gale, laid a White Paper before
[Page 553]
LUHANGA - PRICE 2 A. I do not recall this correspondent. 3 Q. Okay. We can pass over that one. Let's go to page 33, which 4 is The Daily News. That is the top of the front page, and the
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[Page 555]
LUHANGA - PRICE the UK Parliament." Do you see that? A. I can see, I can read where are reading. Q. Yes, and there is a long report of that. A. Sorry? Q. There is a long report of it, but it was not mentioned in Nipashe. A. I have already mentioned that we missed the story, my correspondent did not get it. newspapers, let's remind ourselves, that you produced to show what was in other papers.
next page is the bottom of the front page. We have looked at that, too, because on page 34, which is the bottom half of the page, we have looked at that already, and that is a report that is very critical of Mr. Benjamin Mengi and very supportive of the Middletons. A. Which newspaper is this? Q. This is in The Daily News. A. What do you want me to answer in regard to a different newspaper? Q. What I am point out to you is this. You have produced copies of other newspapers which reported the Silverdale Farm dispute. A. Yes, it is to show that. Q. What I am point out to you is that these are, with one exception, balanced stories because they give the Middletons' side of the story. Do you understand? A. I am just repeating. It is correct because every correspondent has his own way of writing. I already mentioned the lack of professionalism. Q. Lack of professionalism. Look at page 35, a continuation of The Daily News story, so let's go to page 36. This is a story
10 Q. Okay. Look at page 38, this is The Daily News. These are the
13 MR. JUSTICE BEAN: Where is the East African News published? 14 A. The East African, it is in Tanzania but it is called East 15
Africa. I do not know more information.
16 Q. Published in Tanzania, and it covers other countries. 17 A. It is not written in Tanzania but I am not sure ---18 MR. RAMPTON: May I give some evidence? Mr. Mengi does know, it 19 20
is published in Kenya, actually, but circulates also in Tanzania.
21 MR. JUSTICE BEAN: Thank you. 22 MR. PRICE: Page 38, if you turn the page, to page 38, are you at 23
page 38.
24 A. Yes. 25 Q. It says, this is The Daily News, June 2010, "Moshi court
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LUHANGA - PRICE dismisses farm lease case." Do you see that? A. Yes, I can see. Q. It says, "The High Court of Tanzania Moshi Registry has dismissed with costs an application...." He can read this. "....by the management of ...... between the investor and the cooperative societies." This is Mr. Benjamin Mengi losing the lease, is it not? A. Yes, I can see. Q. If you look in the middle column, where there is a new paragraph, it says, "The investor" that is Mr. Benjamin Mengi, "caused environmental destruction and illegal subleasing of the least to land, unauthorised harvesting of timber, as well as dilapidation and vandalism of buildings and irrigation infrastructure." Do you see that. A. Yes. Q. This is a newsworthy story, is it not? A. According to the newspaper. Q. This is a newsworthy story, is it not? A. The way it is written, yes. Q. Why did it not appear in Nipashe? A. I did explain before that whatever is returning from other newspapers does not mean that it has to be returned in Nipashe. Q. I suggest that anything critical of Benjamin Mengi is
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LUHANGA - PRICE have to accept it or not.
3 Q. Who prepared your witness statement? 4 A. I did write it myself in front of a solicitor. 5 Q. You wrote it yourself? 6 A. I was asked by the solicitor, and questions and answers. 7 Q. And the solicitor took a note of what you said? 8 A. Whatever it was mentioned in here it was the questions and 9 10
answers and up to the last point he gave it to me to confirm it, and I did sign it.
11 Q. Who was the solicitor? 12 A. Stephen MacKinder. 13 Q. Who does Mr. MacKinder work for? 14 A. One of the lawyers of IPP. 15 Q. He works for Mr. Nguma? 16 A. I do not know. 17 Q. You know that Mr. Nguma is the head of all the lawyers at IPP, 18 do you not? 19 A. I know that when Mr. MacKinder works together because he is a 20 solicitor. 21 Q. I am sorry? 22 A. I know that he is one of the solicitors. 23 Q. In IPP's offices in Central Dar Es Salaam. 24 A. Yes, he did in Dar Es Salaam. 25 Q. The wording of your witness statement is simply repetitive.
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LUHANGA - PRICE deliberately kept out of Nipashe.
3 A. It is not true. 4 Q. Now look at page 39. You will be pleased to hear this is the 5 last one. For those of us who do not speak Swahili there is a 6 7
translation on page 40. This is June 2010. It is in MTanzania newspaper, do you see that?
8 A. Yes, I can see. 9 Q. You see that it says the board of the Silverdale Farm have 10 removed a local investor, Fiona Tanzania Limited, that is 11 12 13 14
Mr. Benjamin Mengi's company, is it not, "for failing to comply with contractual conditions which required it to develop a coffee plantation." That is a newsworthy story, is it not?
15 A. Yes, I can see. 16 Q. But it was not reported in Nipashe. 17 A. I am very sorry that we missed this very good story. 18 Q. Thank you. If a story about Mr. Benjamin Mengi came to you at 19 Nipashe it would only be good sense and good manners to 20 21
consult Mr. Reginald Mengi about the story before publishing it?
22 A. No, it is not true. I did explain what he is concerned about 23 the story. It has to pass the board of directors, it has to 24 25
be passed through the editors, whether it should be published or not, and in what way. So, the directors and the editors
LUHANGA - PRICE Let me show you. Look at paragraph 18. It is in file 2 so you can get rid of that file now. I have finished with it. Put that file to one side, if you need more space. Tab 4, page 131, do you see paragraph 18, "I spoke to Mr. Kimambo about the story in the morning before the postmortem meeting. B. During the course of which I spoke to Mr. Kimambo several times. [Over the page] C. As the acting news editor I presented the story idea at the editorial meeting." Then look at paragraph 20, "At no time before or after the story being published was I approached...." and then there is the word "by" missing, is it not? There is a typographical mistake. A. Paragraph 20? Q. Yes. Do you see that? Now look at paragraph 23. A. Now, what is the problem here with number 20? Q. I just want him to notice that the word "by" has been left out. It is not a problem that it has been. A. Yes, but I do not speak very good English. Q. Okay. Look at paragraph 23, then, on page 9, the next page, "I spoke to Mr. Kimambo in the morning before the postmortem meeting. B. During the course of the day I spoke to Mr. Kimambo several times. C. As the acting news editor I presented the story idea at the editorial meetings." It is just the same wording, is it not? A. Yes, it is a normal thing that is used every time. Yes, I
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LUHANGA - PRICE should not change. It is the normal way how we write. Q. Look at paragraph 25. The word "by" is missing again. A. It could be a typographical or grammar mistake. Q. I am sure it is. I am not going to take you through all of this but eight times in your witness statement the same form of words and the same omission of the word "by". A. I did mention before it might be my mistake because I do not speak very good English. That is all. I might have missed it. Q. No, what has happened is some lawyer in IPP's office has typed this up, cut and pasted it on a computer, and then told you to sign it. That is what happened, is it not? A. No, it is not true. That is why I explain what was written there. I did read and I did sign. Everything that was written here it is me who answered all, who say that. MR. PRICE: Thank you, Mr. Luhanga.
LUHANGA - RAMPTON 2 Q. As Mr. Price noted, as you go through the articles a similar 3 format is adopted and in each article, "I spoke to
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Mr. Kimambo," "I spoke to him later in the day", "We then discussed it at the editorial meeting," and so on; yes? A. I went on telling him this is the way how we do it, every story has to pass there through the meeting. Q. Yes, but my question is this, did you give the same answers or give the answers that are recorded here in respect of each of the articles which this witness statement deals with? A. Yes, every story I used to explain how I do it. Q. Thank you. Only this, I think, just to confirm what you have already said, this interview with the lawyer took place in Swahili? A. Yes, it was in Swahili. Q. And the newspaper articles that you looked at in Nipashe they were also in Swahili? A. The newspaper that I print are in Swahili. Q. But you are talking about particular articles in here, were you looking at Swahili copies? A. Yes, I used to go on looking at the Swahili. As I said I am not too specialist English. Q. The reason I asked that, Mr. Luhanga, is that I think you told his Lordship earlier today that you could tell which ones you had edited and which had been edited by other people by
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LUHANGA - RAMPTON looking at the Swahili versions of the newspapers. A. What I have read, yes. Q. Then if I complete the process, Mr. MacKinder typed out or had your answers typed out in the form of a statement in English. A. And he gave it to me, I read it, and I understood and I signed. MR. RAMPTON: Thank you very much. Those are all my questions.
3 Q. There is only one question, Mr. Luhanga. When Mr. MacKinder 4 was asking you questions about each of the articles which is 5 6
dealt with in your witness statement, did he repeat the same
question a number of times? 7 A. He used to ask me the way, the way we use it when we make our 8 decision whether the news has to be published or not. I used
9 10 11
to explain to him, and I am afraid that was the way we do it, I would not change it because it is the way how we was asking and what I was answering.
12 Q. Yes. Can I take an example and then explain what it is that I 13 mean, and then I will ask you a question. Look at page 131, 14 15 16 17 18 19 20 21 22 23 24
paragraph 18 of your witness statement. This is about the first of the articles in Nipashe on 22nd November. It says, "I spoke to Mr. Kimambo." That is A. "B. I spoke to Mr. Kimambo several times" and "C. As the acting news editor I presented the story idea at the editorial meetings. D. I received a copy of the article written by Mr. Kimambo," and so on. "E. After the article had been edited I sent it to the chief subeditor." That was the first set of answers in a sense that you had given about one article. Did you tell Mr. MacKinder that information in answer to questions? Did he ask you, "Did you speak to Mr. Kimambo?"
25 A. Yes, the way it was written, yes, it is the way I say it.
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LUHANGA QUESTIONS BY THE COURT
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DISCUSSION MR. RAMPTON: My Lord, I am pleased to tell your Lordship that the statement I had told your Lordship about yesterday concerning the IPP website by Mr. Finehasi Lema, the IT man at IPP, has been agreed by the other side subject to two excisions which I promise not to refer to, which they rightly say I think are matters for the courts and not the witness. They are inferences from facts. That is not necessarily conclusive but, anyway, the two excisions I have opened the document at the page. We simply ask your Lordship not to bother to read them. We have not blanked them out. which I have not seen so far. Yes, I see the paragraphs is crossed out, "I presume this", "I infer that", it is not the witness's business to presume or infer, that is for me.
3 MR. JUSTICE BEAN: Just one thing, when did you first learn that 4 Benjamin Mengi is the brother of Reginald Mengi? 5 A. My Lord, before that, before this case I did not know him. I 6 only knew after when I read these documents. 7 Q. Can you look at paragraph 19 of your witness statement? 8 A. Which tab? 9 Q. It is tab 4, volume 2. 10 A. Yes. 11 Q. Could you just read paragraph 19 to yourself? 12 A. (Pause) Yes. 13 Q. Now, you do not mention there that you have no idea that 14 Benjamin Mengi is Reginald's brother. Is that what you meant 15 16 17
12 MR. JUSTICE BEAN: For the record, I am being handed a statement
by saying the fact that the story also involved Benjamin Mengi's brother was not a consideration in the decision to carry the story?
16 MR. RAMPTON: It is for me first and then for your Lordship. 17 MR. JUSTICE BEAN: You can make submissions but subject to that 18
18 A. My Lord, as I have already explained, I did not know 19 Mr. Benjamin Mengi, even now while I am talking to you I do 20 21 22
there is no dispute about this?
19 MR. RAMPTON: No, subject to that, that is right. 20 MR. PRICE: Can I just explain, a publication on the internet as 21 22 24
not know him physically except through the media. Even at this time when I am writing to get this conversation I did not know him.
well as in the IPP newspapers was asserted in the defence and admitted in the reply, so there was never an issue about this. numbers if you or Mr. Barnes have them?
23 Q. Nobody at the editorial meeting ever mentioned that Benjamin 24 was Reginald's brother? 25 A. Truly speaking, nobody explained to me that he is any
23 MR. JUSTICE BEAN: Would you like to give me the paragraph 25 MR. PRICE: Yes, I think I probably can, my Lord. The way your
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LUHANGA - THE COURT relationship. There are so many similar names in Tanzania it
DISCUSSION Lordship will find it is in the defence, in paragraphs 6 and 1, and 6.11.3. At paragraph 6.1 your Lordship sees the Guardian's IPP Media published a number of articles which also post their content available through open access on the internet. In 6.11.3 your Lordship sees, and I think I have this right, it says that Nipashe published an article, but there is not a reference there to the internet. That is because all of the subsequent paragraphs refer back to the general allegation that they were posted on the internet and your Lordship sees the reply at paragraph 7.2, simply admits the publication. We do not want to be technical about this or to make a fuss. It is unfortunate that this was not dealt with earlier because we could have at least had checked the position but we think that the right thing to do is to permit the witness statement to be put in and we do not require the author to attend for cross-examination, though I think it may be going a little far to say that it is admitted.
does not mean that they have to be related. 4 Q. And Mr. Kimambo never mentioned it either? 5 A. No. Nobody has ever informed me about it and, yes, I do not 6 believe it was told to me.
7 MR. JUSTICE BEAN: Thank you. Anything arising, Mr. Price? 8 MR. PRICE: No, my Lord. 9 MR. JUSTICE BEAN: Mr. Rampton? 10 MR. RAMPTON: No, my Lord. 11 MR. JUSTICE BEAN: Thank you very much. That concludes your 12 evidence. Thank you, Mr. Luhanga. 13 14 15 16 17 18 19 20 21 22 23 24 25
(The witness withdrew)
19 MR. JUSTICE BEAN: Yes. 20 MR. RAMPTON: My Lord, that then concludes the evidence for the 21 23 24
claimant. That is all I have to say at the moment, I think. evidence as to Chuwa, Bishop Malasusa, Mr. Muchoki, and Dr. Pocock is in the defendant's bundle.
22 MR. JUSTICE BEAN: Formally for the record you have put in
25 MR. RAMPTON: Yes, he is a proper Civil Evidence Act witness.
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DISCUSSION 2 MR. PRICE: I think you can ignore tab 9, witness summary, 3 because your Lordship has a signed statement.
1 4 MR. JUSTICE BEAN: Yes. Thank you. 5 MR. PRICE: My Lord, can I just say a word about Mr. Eardley's 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
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DISCUSSION have taken the view that it really would not be helpful for your Lordship to try and trace through the background to all that in Mr. Eardley's opinion. MR. RAMPTON: Particularly as on that account one would get rather lost if one followed Mr. Price's lead. MR. JUSTICE BEAN: Yes. Well, I have Tugendhat J.'s judgment. MR. PRICE: Yes, you do. MR. RAMPTON: And paragraph 14, in particular, which, as I said at the time, represents my position then as it does now. doubt that my learned friend indicated at that time that the claim for damages was not being pursued. position, by golly, had changed by the end of the hearing and is recorded in Tugendhat J.'s judgment, faithfully recorded. this at the end of the case. But I have paragraph 14 in front of me, and we have been over this ground before. I do not take this as being a striking out of the prayer for damages. It records Mr. Rampton saying that the claimant would be satisfied with the vindication that he would receive from the findings of fact -- in the event of their being in his favour, I suppose one should add -- and that that is not a concession that he has no claim for damages, but a statement of what he
opinion, that your Lordship will recall, which has redactions in it. We have had an opportunity of looking into this, and your Lordship will recall that the law on this subject is to be found in the Great Atlantic Insurance case. To remind your Lordship, the reference in the White Book, if your Lordship looks it up, is at the bottom of 889 and the relevant part is the top of page 890: "If part of a document is put in evidence, privilege will be waived for the whole unless the remaining part deals with an entirely different subject matter." My Lord, we have taken the view -- I am not going to ask your Lordship to decide anything on this, but I am just explaining to your Lordship -- we have taken the view that, clearly, Mr. Eardley's opinion deals with a single subject matter, namely, whether the Tanzanian proceedings would have any adverse impact on the English proceedings, and consequently we take the view that -- it is not for us to take a view -- we would, if necessary, submit that, clearly, privilege has been waived for the whole. We have, however, decided that it would not be useful or helpful to your Lordship to have an argument about this and to ask to see
11 MR. PRICE: But I do not want it to be overlooked that there is no
14 MR. RAMPTON: Arguendo, at the beginning of the hearing. My
17 MR. JUSTICE BEAN: Well, I will have to have submissions about
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DISCUSSION the redacted passages, because it appears that those passages consist of my learned friend's advice on the prospects for recovering substantial damages in this action, and we take the view that your Lordship would probably take the view that it is not helpful for your Lordship to see that, because you will have to make up your own mind about it anyway. For that reason, we have not asked to be shown the redacted passages. So, that deals with that. MR. JUSTICE BEAN: I think that is right, Mr. Price. Counsel's opinion as to his own client's prospects of success is inadmissible, save in rather esoteric ways. If Mr. Eardley advised his client that he had splendid prospects of an immense recovery, so what? Equally, if he advised his client that it was all rather more shaky, again, so what? So, I think that is right. If the redacted passages are indeed dealing with Mr. Eardley's advice as to the prospects of success in this case in this jurisdiction, then I do not think it would help me to read them. MR. PRICE: Yes, my Lord. What your Lordship will notice is that it was very shortly after this opinion was given that Tugendhat J. was told, and he was told, that the damages claim was not being pursued. Reasons were given for that, which Tugendhat J. recorded; and the position now is that the damages is not at the forefront of the case. But again, we
DISCUSSION seeks to achieve in this action.
3 MR. PRICE: I entirely accept that, I hasten to add, my Lord. 4 MR. RAMPTON: Entirely right. He gave the same answer in the 5 7 9 10
witness box. this stage. sitting on Monday and Tuesday, but not on Wednesday and Thursday.
6 MR. JUSTICE BEAN: Well, I do not think we can take it further at 8 MR. PRICE: My Lord, my understanding is that next week we are
11 MR. JUSTICE BEAN: I am afraid that is not right. 12 MR. PRICE: It may be not a bad thing. Mr. Rampton and I have had 13 14 15 16 17 18 19 21 22 23 24 25
a word, and we think that there is a good chance that we will complete the evidence by close of play on Tuesday, in which case, conveniently, we can do closing speeches on Friday; and your Lordship might like to encourage the parties to try and confine themselves to half a day each, because your Lordship may find it helpful to have, at any rate, bullet points of closing submissions in writing. reverse order -- and Mr. Rampton knows my views on this, because they are the same as they were in the previous trial, in which he appeared before me in May -- I would be greatly assisted by closing submissions in writing. By that, I do not mean that the closing submissions are a full text from which
20 MR. JUSTICE BEAN: Yes. Well, dealing with those points in
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DISCUSSION leading counsel speaks. As I said to Mr. Rampton in May, when I was where you are now I was almost physically incapable of reading from a script. The purpose of the closing submissions in writing is to give me the material, but of course each of you will wax lyrical on the themes contained in the closing submissions.
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DISCUSSION time, I am afraid. So, we may not finish the evidence on Tuesday. I hope we will, but we may not. Tuesday, if required? Corner is agreed as a Civil Evidence Act witness. her. Miss Burns? (Pause) inserted on Monday after Mr. Middleton, if Mr. Rampton wants to cross-examine her.
4 MR. JUSTICE BEAN: Are Miss Burns and Miss Corner lined up for 6 MR. RAMPTON: Sorry, my Lord. Mr. Eardley is always ahead of me. 8 MR. JUSTICE BEAN: In that case, the answer is "no" as regards 10 MR. PRICE: She will be here on Monday, so that she will be
8 MR. PRICE: Well, Mr. Rampton will. I shall stick to the facts. 9 MR. JUSTICE BEAN: Yes, all right. But certainly, I would hope 10
and expect that there would be closing submissions ----
11 MR. RAMPTON: There will be indeed. 12 MR. JUSTICE BEAN: -- in writing, and then that makes the oral 13 14
submissions go that much more quickly, subject to interminable interruptions from the judge.
13 MR. JUSTICE BEAN: All right. 14 MR. RAMPTON: I will certainly let the other side know before the 15 16 17 18 19 21 22 23 24 25
15 MR. PRICE: Interruptions from the judge are very often helpful. 16 MR. RAMPTON: I like those. They do help us, no doubt about that. 17 18 19 20 21 22 23 24 25
weekend. I have looked at it now. My sense, when I read it -- I only read it once, she is called Fiona Burns -- was that she is unlikely to be controversial. I will let them know for sure. I will send them an e-mail, or Mr. Eardley will, later today. which I did not know but I have just been told. Mr. Kabendera is flying to England from Tanzania over the weekend. So, he will have to go in after Mr. Middleton, because otherwise we do not want him to have to wait until Friday in England, cooling his heels, when he should be working as a journalist
To say that I would do this in half a day, with the law and all, is unreal, to be honest. Your Lordship may remember in May it was a case of about the same length, with completely different issues, but probably not as many documents as we have here. To say that I can close this case in half a day is, frankly, Cloud Cuckoo Land. I might finish in a day. I hope that I would finish in a day; I hope, perhaps, a bit less. But even with a written submission, I am going to do what I did in May, and which I have been doing for a long time
20 MR. PRICE: My Lord, there is one thing which is rather important,
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DISCUSSION now, which is to use the written submission not as a script, but as a vade mecum for the judge perhaps after court, as it were, and to tell the judge what my case is, including what I think the law is; and that is going to take a bit of time. each is pretty ambitious. I do not think it would be right for me to impose the guillotine. It seems to me more likely that you would have as much as you want of Friday and then Mr. Rampton would have anything remaining of Friday, if there was a significant amount, that may lead him to finish on Monday; or it may be that if you use all or most of the Friday, you might want to have the weekend to have any last thoughts. But let us see how we go. I think the more likely finishing post would be close of business on the Monday, would it not? not -- Mr. Price is a little bit optimistic saying that we agreed that we would probably finish the evidence on Tuesday. I am not sure about that. I know his intention is to call Mr. Middleton first and then Miss Hermitage. I am not, obviously, going to cross-examine Miss Corner, I think it is, or Miss Burns, if at all. If I do not require their attendance, I will say to him let the court take that evidence as read. Then there is Mr. Kabendera. He may take a little
DISCUSSION in Tanzania. Mr. Price. It is not for me to say. It would obviously be very undesirable for Miss Hermitage, when her time comes, to be in purdah from Tuesday to Friday.
3 MR. JUSTICE BEAN: I will leave that to you to think about, 4 5 6
6 MR. JUSTICE BEAN: Yes. Mr. Price, I think, myself, half a day
7 MR. PRICE: Quite. 8 MR. JUSTICE BEAN: If she had to be, she had to be, but it is to 9
be avoided if at all possible. important that poor Mr. Kabendera should be allowed to go back to Tanzania. does come and is inserted after Mr. Middleton, it is almost certain that Miss Hermitage will not finish her evidence before the end of Tuesday, in which case she will be in quarantine until Friday. you give Mr. Rampton good warning of your intentions.
10 MR. PRICE: We will juggle this as we may, but it is obviously 11 12
13 MR. RAMPTON: That is a problem for my learned friend; but if he 14 15 16 17
17 MR. RAMPTON: It depends on the anterior question which we have
18 MR. JUSTICE BEAN: I will leave it with you, Mr. Price, so long as 19 20 MR. RAMPTON: Yes. We need to know. 21 MR. JUSTICE BEAN: Anyway, Mr. Middleton on Monday, then. Would 22 23
you wish to start a little earlier? We could do 10 o'clock on Monday and/or Tuesday, if that would assist. might trouble us.
24 MR. RAMPTON: It is only this question of the two-day gap that 25
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DISCUSSION what it is. I signed up for a judicial college course about nine months ago, and we are told that, short of death or serious illness, we are expected to go. So, that is where I shall be, I am afraid. Would it help to start at 10 o'clock on Monday and Tuesday? on Monday, but we may be able to start a little earlier on Tuesday, or something of that kind. the day makes much difference, to be honest.
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DISCUSSION disapproving the actual rate which he claims; he would simply go into a detailed assessment, if that arises, with a slightly harder task of justifying that rate, because it has to be judged against band B, not A. Mr. Barnes' interpretation is that you were in fact saying that Mr. Webb's rates should be capped at the appropriate band B rate and that anything above that you are, effectively, disapproving. So, it is that distinction we are trying to get to the bottom of. I intended; that Mr. Webb's chargeable rate should be no more than that which is allowed for a band B solicitor practising at an address out of London. I remember there was some discussion as to which circuit town he has been at, which may make no difference. If it does make a difference, then let me know. are registered in Luton, but he actually works out of an office in Battle in East Sussex. There is a slight difference in the rates, so if you could indicate which one he should ask for? Luton for any time he was physically working out of the Luton office and band B, Battle, East Sussex for any time he was based at Battle, East Sussex. Lucky man; what a lovely place
2 MR. JUSTICE BEAN: I am sorry about that. I will tell you exactly
8 MR. PRICE: Unfortunately, my client cannot be here at 10 o'clock
10 MR. JUSTICE BEAN: Well, Mr. Barnes is right. That is what
11 MR. RAMPTON: I am not sure that half an hour at the beginning of 13 MR. JUSTICE BEAN: Right. 14 MR. RAMPTON: Mr. Eardley, my Lord, would like to say something 15
about the costs budget.
16 MR. JUSTICE BEAN: Mr. Eardley. 18 19 20
17 MR. EARDLEY: Yes, my Lord. I thought we should mention this now 17 MR. EARDLEY: It makes a little bit of difference. Whitman Breed
before it recedes into memory too far. On the first day of trial you made various orders about disclosure and also about the parties' costs budgets.
21 MR. JUSTICE BEAN: I did. 22 MR. EARDLEY: Mr. Barnes and myself had no difficulty reducing the 23 24 25
22 MR. JUSTICE BEAN: He would, as I think, be chargeable at band B
disclosure orders into writing; indeed, those have now all been dealt with by my client. We have had a little more trouble reducing the order in respect of the claimant's costs
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DISCUSSION budget into writing, and I wonder whether we might trouble you just to clarify your intentions on one point. We could either do it now, if you have the patience, or we could put brief written submissions in and then you could deal with it as and when you wish. this. Let me tell you what my recollection is ----
DISCUSSION to work. Can I be of any further assistance?
3 MR. EARDLEY: I think that gives us everything we need to agree. 4 MR. BARNES: I do think we need to be clear about this. 5 6 7 8 9 10 11
Whitman Breed have an office in Luton, not an office in Battle. Mr. Webb, who actually I do not think I have seen in court all week, may operate out of Battle, but the office that his solicitors are registered at is in Luton and it is his solicitors who are providing services and paying overheads in Luton. The difference on the budgets is between about 208 an hour and 221, something like that.
7 MR. JUSTICE BEAN: I think I have a reasonable recollection of 8 9 MR. EARDLEY: Yes, that would be helpful. 10 MR. JUSTICE BEAN: -- and then tell me if you need more help. My 11 12 13 14 15 16 17 18 19
recollection is that I refused to express approval of the columns Pre-Action Costs and Issues/Pleadings in the claimant's updated costs budget. That is page 15 of volume 4. I did, however, express approval of the columns from CMC onwards, subject only to the need to adjust the budget for Mr. Webb's time and trouble from band A to band B, and I expressed approval of the defendant's updated budget. Now, that is as much as I can recall. If that leaves any problems outstanding, do please tell me what they are. learned friend and myself is the second point you mentioned, the adjustment of Mr. Webb's classification from band A to band B. We understood that that meant simply that it should be noted in the order that Mr. Webb should be regarded as property falling within band B, not band A, but you were not
12 MR. JUSTICE BEAN: Which way round? 13 MR. BARNES: Luton is cheaper, but obviously we say that the only 14 15 16 17 18 19 20 21 22 23 25
sensible rate has to be the one at which the law firm operates, not the address, whatever it is, that Mr. Webb functions from. It would make I nonsense if I suddenly had to charge at Hertfordshire rates because that is where I live. The fact is, I operate out of London WC1. Therefore, this was the clarification that I suggested Mr. Price should ask for at the end of the judgment that you gave. You asked Mr. Eardley and I to discuss it. The conclusion, I would say, has got to be Luton. The only (unclear) is Battle and that just makes no sense. judge would be able to answer in about two minutes flat. Is
20 MR. EARDLEY: What has given rise to some disagreement between my 21 22 23 24 25
24 MR. JUSTICE BEAN: Yes, it is a question which, no doubt, a costs
[25] (Pages 576 to 579)

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DISCUSSION there any authority on this? MR. BARNES: My Lord, if you look at the way the guideline rates are done in the White Book, starting at page 1636. What has happened is that the designated civil judge in any particular area has come up with guidelines and then guideline figures have been grouped according to locality by way of general guidance only. However, the notes continue and the same theme comes through, which is it is where the law firm operates out of. That is because what goes into hourly rates is the overhead, the profit margin and so on and so forth, which is a regional phenomenon, but then the regional phenomenon is then reduced by the relevant designated civil judge into a rate, so that for Luton the guideline rate is "X". What the designated civil judge cannot sensibly be doing is taking into consideration economic factors in Battle in order to decide what Whitman Breed's relevant overhead is on Capability Green, in Luton. Therefore, it may be it is a very quick answer for a costs judge, but if I am wrong about it, then of course what the costs judge could do, on an assessment, is decide that in fact it should not be Luton, it should be Battle and that would be on the basis that Mr. Eardley had persuaded them that there was some good reason why the rates should be upgraded to
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 22 23 24 25
DISCUSSION that have been made for taking witness statements in this matter. Now, that has obviously come as news to us. The budget that we had been working from, the claimant's budget, is in file 4, tab 3. One can see from that that at page 15, the total sums put in for incurred and estimated figures for solicitors' work on witness statements is 114,000, which comes to 341 hours or, if you like, ten weeks of 35 hour weeks. Now, what we have heard in the last few days must surely put a question mark, at least provisionally against that. It may be (and I simply put this marker down) that your Lordship's approval of that, subject to recalculation of band rate, may be the subject of some further consideration once the final outcome is known. I have been asked to mention that because clearly costs budgeting is a hot topic these days. dealt with. at the beginning of the trial, I cannot claim any expertise in the law related to costs budgets, but my instinctive reaction is this: that in the event of an order for costs being made in favour of the claimant, it would still be necessary for the
19 MR. EARDLEY: I need to take instructions on that before it can be 21 MR. JUSTICE BEAN: Yes, by all means do, Mr. Eardley. As I said
[Page 581]
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[Page 583]
1 DISCUSSION 2 claimant to satisfy the costs judge, on an assessment, that 3 341 hours of solicitors' time in England was spent in taking 4 witness statements, if the band A or band B charges, according 5 to the individual concerned, are to be recoverable. 6 If witness statements were taken at great length in 7 Tanzania, then the amount allowable by a costs judge may be 8 completely different. I simply do not know. I am certainly 9 not ruling it would not be appropriate for me to rule that 10 London rates or Luton rates or Sussex rates are recoverable if 11 the work was done in Arusha. 12 MR. EARDLEY: My Lord, the answer as to how the costs judge 13 approaches from a detailed assessment, you get from the 14 practice direction 51(d), paragraph 5.6, page 1659. What you 15 see is, "When assessing costs on the standard basis, the court 16 one, will have regard to the receiving parties last approved 17 judgment and two, will not depart from such approved budget 18 unless satisfied there is good reason to do so." 19 Therefore, your approval of this budget sets up a 20 presumption in favour of the recovery, but it does not shut 21 out the defendant from arguing otherwise. I would submit that 22 if they wish to raise this point, it is certainly one a costs 23 judge would be interested in and it may amount to a good 24 reason to depart from the previously approved budget. 25 I would not invite you to reopen the question of
DISCUSSION Battle. However for the time being, Whitman Breed, from Luton, ought to be restricted to Luton rates. MR. EARDLEY: There is certainly no authority on this, as far as I know, unless it is peculiarly known to cost judges. I think that analysis must be right; it is for us to argue the different rate on detailed assessment, if necessary. MR. JUSTICE BEAN: I think it must be right. In the absence of any contrary authority, it seems to me that the charging rates are chargeable by reference to where the firm's relevant office is located. If a solicitor is physically elsewhere, working as a what is sometimes called a tele-commuter, good luck to him, but the firm can only charge -- in the absence of special circumstances indicating a departure from the rule -on the basis of their offices charging rates and since the claimant is represented by the firm of Whitman Breed, Capability Green, Luton, it is the Luton charging rate, that being slightly lower, which is applicable at band B in respect of Mr. Webb's time and trouble. MR. BARNES: I am grateful. I know it is five to four on a Friday and it is now costs budgets, but I have also been just asked to mention -- this probably is not something that you can resolve today and it may be that we have to wait and see what the outcome of the case is concerned -- but you have heard evidence today (and in the last few days) of the arrangements
[26] (Pages 580 to 583)

TEL: (020) 7067 2900
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MENGI v HERMITAGE
PROCEEDINGS DAY 4
1 2 3
DISCUSSION approval now, given that they had the opportunity to make
these points on assessment. 4 MR. JUSTICE BEAN: No, well, I think that is more or less what I 5 said. Mr. Barnes?
6 MR. BARNES: My Lord, it is and all I said was I was putting a 7 marker down, but the issues here, just so that it is 8 9 10 11
understood, would not simply be a contest between Luton rates and those applicable for Dar Es Salaam, but also the question of inter partes recoverability at all, if the English
(unclear) take statements. 12 MR. JUSTICE BEAN: Yes. All those are matters which I think 13 Mr. Eardley accepts are not concluded by my expression of
14 15 16 17 18
approval now. They may, depending on the outcome and what orders are made, lead to an interesting argument before a costs judge. Thank you both very much for your assistance. Any other business for today?
19 MR. RAMPTON: Let us put the juniors back in their cost cages. 20 MR. JUSTICE BEAN: I am always very pleased to hear from junior 21 22 23 24 25
counsel. They are not merely for decorative purposes and it is a pleasure to hear from them. Right. I wish everyone a pleasant weekend. 10.30 on Monday. (Court adjourned until Monday, 12th November, at 10.30)
[27] (Page 584)

TEL: (020) 7067 2900
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MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 585] 534:6 August 540:24 548:4 author 567:17 authority 580:2 581:4,9 available 501:5 537:19 567:5 avoided 575:9 award 536:3,6 azt 552:10 535:17 536:6 542:4,6 544:25 545:9 549:8 551:19 552:2,10 555:13,21 564:3 565:7,9,11 566:12,17,23 567:19,22 568:4 569:10 570:7,17 571:6,11,20 572:9,12 573:6 574:4,8,13 B 575:3,8,18,21 B 559:6,21 561:16 576:2,13,16,21 577:16,23,25 577:7,10 578:10 578:5,7,12,22 578:22 579:12 578:24 581:18 579:24 581:8 583:4 582:21 584:4,12 back 504:18 516:6 584:20 527:15 532:14 beat 547:7 539:20 567:9 beating 545:24 575:11 584:19 547:18,22 background 570:3 beatings 547:9 bad 571:12 beg 482:7 bail 501:12,16 began 554:21 503:6 511:24 beginning 483:13 539:9 540:10 497:24 500:11 balance 516:8,10 570:14 576:11 527:17,24 528:8 582:22 547:13 550:16 begins 508:6 balanced 527:24 believe 483:4 553:19 529:3 565:6 band 577:16,16 belong 513:25 577:22,23,25,25 belonged 491:21 578:5,7,12,22 belongs 492:2,5,9 578:24 581:18 499:23 582:15 583:4,4 BENCH 480:1 Barnes 480:20 Benjamin 494:22 566:24 576:22 494:24 495:3,11 578:5,10 579:4 495:13,17 502:4 579:13 580:3 502:6 505:20 581:20 584:5,6 510:16 529:2 barrister 526:23 536:4,16 541:13 based 536:14 543:21 545:15 578:25 548:4,6 550:8 basis 488:8,9 553:8 556:7,11 525:7 580:24 556:25 557:11 581:15 583:15 557:18 564:4,14 batons 545:24 564:15,19,23 Battle 578:19,24 best 537:20 578:25 579:6,7 better 482:16 579:23 580:17 549:11 580:23 581:2 biassed 542:19 BEAN 480:6 big 505:4 482:11 486:16 billion 536:10 495:10 500:10 Bishop 567:23 501:3 510:9,14 bit 495:8 509:3 510:23 511:7 572:23 573:5,18 526:3 527:15 578:17 530:8 531:21 blanked 566:11 532:4 535:13,15 BML1
LONDON, WC2A 1HP
A Abbas 481:4 able 485:3 549:4 576:9 579:25 abscond 539:10 absence 581:8,13 accept 492:8,8 501:25 512:9 558:2 571:3 acceptance 523:17 accepted 523:22 accepts 539:12 584:13 access 567:5 account 526:5,8 554:17 570:5 accounted 490:9 accumulating 530:10 accused 499:2 501:11 530:18 539:8 540:2,9 540:23 543:9 547:8,17,19 551:25 552:6,14 achieve 571:2 Act 567:25 574:7 acting 484:8,9 487:14 489:13 524:21 525:4 559:8,22 561:17 action 569:4 571:2 actual 578:2 acute 491:10,14 491:16 492:17 ad 552:10 add 570:24 571:3 address 578:13 579:15 adjourned 532:5 584:24 adjournment 510:25 532:6 adjust 577:15 adjustment 577:22 admits 567:11 admitted 566:22 567:18 adopted 562:3 adverse 568:20 advice 569:3,17 advised 569:13,14 affirmed 481:5 afraid 495:8 561:9 571:11 574:2 576:6 Africa 555:15
African 552:22 554:2,16 555:13 555:14 afternoon 516:6 ago 485:13,14 496:3,8,9 507:11 521:6 523:20 526:13 576:4 agree 493:21 579:3 agreed 493:21 506:20 513:3 524:9,24 566:5 573:19 574:7 agrees 498:18 agricultural 491:6 491:11,18 ahead 493:21,24 506:21 513:5,8 574:6 AIDAN 480:19 allegation 509:18 567:10 alleged 545:24 allow 522:5 528:7 538:21 allowable 583:7 allowed 575:11 578:12 aloud 542:6 Ambassador 518:20 ambitious 573:7 amount 573:11 583:7,23 analysis 581:6 and/or 575:23 answer 481:24 482:20,24 486:18 492:7 495:8 496:3 497:7,14 500:14 518:6,13,13,14 518:19,23 523:9 533:21 535:13 553:12 561:23 571:4 574:8 579:25 580:20 583:12 answered 518:11 552:15,16 560:16 answering 561:11 answers 481:22 482:22 495:6 509:20 558:6,9 561:21 562:8,9 563:5 anterior 573:17 anybody
531:24 anyway 566:9 569:7 575:21 apologies 514:18 514:23 515:5 apologise 515:13 apology 548:6,7 appeal 549:14,17 appealed 533:6 appear 489:24 507:12 531:9 556:21 appeared 480:19 480:21 551:4 571:23 appearing 498:8 498:10 appears 569:2 applicable 581:18 584:9 application 556:5 applied 522:4 approached 559:11 approaches 583:13 appropriate 578:7 583:9 approval 577:11 577:14,17 582:14 583:19 584:2,14 approved 583:16 583:17,24 approximately 486:6,9,17 487:23 approximation 487:3 area 488:15 492:13 580:6 areas 487:16 488:21 argue 539:8 581:6 Arguendo 570:14 arguing 583:21 argument 568:25 584:15 arises 578:3 arising 565:7 arraigned 538:19 538:20 arrangements 581:25 arrest 542:11 article 495:23 500:4,6 510:9 510:13 511:3 512:11 526:14 526:16 530:23
532:17 542:4,5 552:9 554:15 561:19,20,22 562:3 567:7 articles 550:22 551:3 561:4,15 562:2,10,16,19 567:4 Arusha 583:11 asked 486:16 489:9 495:24 497:7 510:4 518:12,18 519:16 526:5,8 526:15 530:25 537:5 547:8,15 547:17,22 549:3 558:6 562:23 569:8 579:21 581:21 582:16 asking 486:12 487:8 498:18 499:20 509:2,2 509:19 522:21 522:21 523:4,5 526:23,23 539:12 561:4,10 aspect 535:10 assaulted 546:17 asserted 566:21 assessing 583:15 assessment 578:3 580:22 581:7 583:2,13 584:3 assist 485:24 491:13 575:23 assistance 482:13 579:2 584:17 assistant 489:13 495:24 497:6,18 498:5 assisted 534:17 571:24 assure 497:25 Atlantic 568:9 attack 546:3,11 547:19 attacked 545:20 attempting 499:22 attempts 534:15 534:16 attend 490:7 548:8,11,14 567:17 attendance 573:24 attended 512:14 512:16 attention 522:9 532:19 attract
MARTEN WALSH CHERER LTD
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PROCEEDINGS DAY 4 [Page 586] 557:11 compassion 538:14 compensation 547:25 complained 510:21 534:11 complaining 508:13 510:21 complaint 508:13 515:7,12 521:22 complaints 508:5 508:7 514:13,17 515:4 complete 516:20 563:4 571:14 completed 531:23 531:24 completely 537:14 572:19 583:8 completes 507:4 comply 557:12 computer 560:12 concern 514:12,16 514:22 515:4 529:17 concerned 484:7 492:13 494:22 515:7 517:5 518:3 557:22 581:24 583:5 concerning 550:22 551:3 566:4 concerns 494:10 concession 570:24 concluded 584:13 concludes 565:11 567:20 conclusion 579:22 conclusive 566:9 condemn 534:5 condition 545:24 conditions 557:12 confine 571:17 confirm 518:17 526:19 546:8,9 546:10,12 558:9 562:12 confirmed 483:3 498:6 533:5 consequently 568:21 consideration 564:16 580:17 582:15 consist 569:3 consult 557:20 contact 490:22 504:4,8,11,14 537:25 contacted 518:15 548:24 549:4 contained 572:6 contempt 538:20 content 482:12 567:5 contest 584:8 continuation 553:24 continue 522:7 580:9 contract 493:6 503:4 536:10 537:18 contracts 515:15 515:20 contractual 557:12 contrary 581:9 controversial 574:17 convenient 510:22 conveniently 571:15 conversation 493:11 506:15 564:21 convicted 503:7 cooling 574:25 cooperative 491:21 512:12 556:7 coordinate 506:8 copies 553:14 562:20 copy 495:23 549:13,16,22,22 561:19 Corner 573:22 574:4,7 correct 483:5,23 483:24 485:10 498:3,13 513:12 553:21 correctness 515:16,21,24 516:3 correspondence 487:10 488:7 546:23 correspondent 485:20 490:17 490:21 501:14 503:20 504:2,17 505:11,16 511:19,23 512:7 512:9,21 513:24 516:15 518:6,7 518:10 520:7,9
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566:15 573:15 584:18 businessman 495:4,13 530:18 548:4 busy 485:9 C C 480:23 559:8,22 561:17 cages 584:19 call 513:9 573:20 called 483:12,21 493:14 538:23 555:14 574:16 581:12 Capability 580:19 581:17 capped 578:7 carefully 496:6,7 496:12,13 497:24 522:13 522:14 531:8,17 537:22 547:14 carry 564:17 Carter-Ruck 480:21 case 484:7 488:19 490:23 491:20 499:19 505:6 506:24 515:13 528:5 531:24 532:2 540:14,24 541:12 548:3,5 548:7,19 556:2 564:5 568:9 569:18,25 570:18 571:15 572:19,21 573:4 574:8 575:16 581:24 cattle 521:23 554:9 caused 556:12 causing 554:10 Central 558:23 Centre 533:9 certain 551:5 575:15 certainly 499:9 572:9 574:14 581:4 583:8,22 Chairman 494:23 Chairman's 495:15 540:12 chance 497:2 498:6 517:23 518:8 547:6,10 571:13 Chancery 480:16 change 499:22
560:2 561:10 changed 570:15 charge 503:3 579:17 581:13 chargeable 578:11,22 581:10 charged 505:5 charges 493:5 498:11,15,19 499:2,8,16 500:16 501:6,11 501:14,20 502:8 502:11,17,20,23 502:25 503:7,8 503:10,14 504:21,24 505:2 505:9,14,24 511:13,18,23,25 538:20 539:16 539:21,24 540:3 543:7,7,10 551:25 552:6,14 583:4 charging 581:9,15 581:17 cheaper 579:13 check 497:2 501:20 512:6,8 525:16 537:7 547:14 checked 527:8 567:14 cheque 493:6 499:21 503:3 Cherer 480:15 chief 483:25 484:3 484:4,5 488:22 488:25 489:14 561:21 choose 491:24 492:10 Chuwa 567:23 circuit 578:14 circulates 555:19 circumstances 581:14 citizen 494:17,19 civil 567:25 574:7 580:5,14,16 claim 480:1 569:22 570:13 570:25 582:22 claimant 480:10 480:19 567:21 570:21 581:16 582:25 583:2 claimant's 576:25 577:13 582:5 claims 546:16,21
578:2 clarification 579:19 clarify 577:3 classification 577:22 clear 579:4 clearly 485:4,7 491:16 510:17 519:24 541:22 544:25 568:18 568:22 582:17 client 569:13,14 576:8,24 client's 569:11 close 571:14 572:21 573:15 closing 571:15,19 571:24,25 572:4 572:6,10 Cloud 572:22 CMC 577:14 coffee 517:14,15 518:2 519:19 557:13 colleague 513:8 college 576:3 column 532:24 534:3,10 554:17 554:20,24 556:10 columns 577:12 577:14 come 486:19 508:11,23 509:6 516:6 529:9 531:9 537:8 575:14 580:6 582:4 comes 486:19 495:5 535:6 575:5 580:9 582:9 coming 536:8 commander 546:8 546:10,12,15,21 commence 540:24 commenced 548:4 548:8 commencing 548:5 comment 501:5 Commissioner 517:6,9,10 518:3,4,5,14,20 534:11,18 communicated 536:15 company 483:12 507:9 536:9,16
LONDON, WC2A 1HP
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PROCEEDINGS DAY 4 [Page 587] 532:2 537:18 579:21 discussed 509:25 517:4,5 518:17 523:13,19,24 562:5 discussing 500:17 528:6 discussion 566:1 567:1 568:1 569:1 570:1 571:1 572:1 573:1 574:1 575:1 576:1 577:1 578:1,14 579:1 580:1 581:1 582:1 583:1 584:1 disgraceful 505:13 dismissed 556:5 dismisses 556:2 disobey 542:18 disobeying 543:9 dispute 489:5,7,9 489:10 491:21 492:17,19,22 550:23 551:3 553:16 566:18 disputes 488:10 488:13,20,23 489:2,4 distinction 578:9 district 488:3,11 488:14 divide 486:20 divider 481:10,11 481:12 482:4 DIVISION 480:1 document 481:14 482:2 566:10 568:12 documents 499:22 564:6 572:20 doing 547:19 572:25 580:16 doubt 509:22 513:22 536:7,25 537:5,7,9 570:12 572:16 579:24 Dr 533:5,7 534:11 534:12 567:24 dramatic 554:7 draw 532:18 drawing 522:9 dropped 503:8,14 504:21 505:10 505:14 511:18 512:2 543:7,11 drying 517:15 duo 554:16 duty 490:21 491:2 513:12 523:8,11 E E 480:23,23 561:20 Eardley 480:19 569:12 574:6,18 576:14,16,17,22 577:9,20 578:17 579:3,21 580:24 581:4 582:19,21 583:12 584:13 Eardley's 568:5 568:18 569:17 570:4 earlier 537:10 543:8 562:24 567:14 575:22 576:9 easily 481:17 514:2 East 554:2,15 555:13,14,14 578:19,24,25 easy 492:24 496:11 497:12 509:19 523:7 525:19 526:11 543:5 economic 580:17 edit 485:18,22,23 495:24 496:18 497:23 514:14 edited 495:20,21 496:4,25 497:5 497:7,11,13,15 497:19 498:4,5 498:7 527:7 561:20 562:25 562:25 editing 485:19,21 497:21,22 498:25 editor 484:3,4,8 484:10,11,12 485:9,16 487:14 487:18,21 488:2 488:7,22,25 489:13,13,14 490:21 494:4 495:24 503:9 509:23 511:19 513:12 515:8,13 521:9,10 523:3 524:21 525:5 537:2,4 538:13 538:15,17 544:7 559:8,22 561:17
LONDON, WC2A 1HP
542:13,23 543:3 543:14 546:25 547:5 553:2,22 554:14 555:9 correspondents 487:17,20,25 488:4 490:24 493:19 500:22 506:9 515:11 516:19 517:3 520:18 521:16 523:3,8,11 533:13 535:21 536:24 537:4,8 541:4 542:14 corruption 534:4 cost 581:5 584:19 costs 556:5 576:15 576:20,25 577:12,13 579:24 580:21 580:22 581:21 582:17,23,24 583:2,7,12,15 583:22 584:16 Council 515:10,10 counsel 482:12 527:10 572:2 584:21 Counsel's 569:10 counted 490:14 counties 487:16 490:24 537:5 counting 490:2 countries 555:16 country 515:9 course 510:14 524:12 529:12 559:7,21 572:5 576:3 580:21 court 480:1,16 493:16,16 498:8 498:10 501:6 503:5 506:18 507:5,12,14,16 507:17 522:3,5 526:22 528:3,3 528:5,11,12,15 528:16,19,19,21 529:4,8,9,10 538:20,21 539:15,20 540:10,13 541:19,19,25 542:18 543:9,10 548:8,11,15,17 548:22,23 549:6 549:7,7,13,14 549:22,23,23 555:25 556:4
564:2 565:1 573:3,24 579:7 583:15 584:24 courts 480:2 566:7 cover 535:9 covered 492:23 covers 555:16 criminal 543:7,7 critical 544:17 545:12,14,18,23 553:8 556:25 crossed 566:14 cross-examinati... 567:17 cross-examine 573:22 574:12 CROSS-EXAM... 485:2 Cuckoo 572:22 cut 517:11 560:12 cutting 519:2,8,16 D D 480:23 561:18 daily 488:8,9 515:23 516:2 529:14 532:17 541:18 553:4,11 553:25 555:10 555:25 damages 569:4,22 569:25 570:13 570:20,25 damaging 502:8 521:25 537:15 539:6,13 546:4 Dar 487:15 558:23,24 584:9 date 504:10,13,13 504:15 506:6 dated 536:17 David 494:11,13 494:14,16 507:7 507:8 517:4 day 480:23 485:17 486:5,7,10,17 487:24 490:3,20 490:25 491:3 501:17 504:7,9 506:12,16,22 513:11,17 524:12 526:6 527:3 528:23 559:21 562:4 571:17 572:17 572:21,22,23 573:6 576:12,18 days 485:11 486:22,22 507:13 541:16
541:18 581:25 582:11,18 deal 485:17 486:6 486:9 487:10 488:7 511:3 577:5 dealing 485:19,23 521:3 569:17 571:20 deals 487:8,18,21 488:2 562:10 568:14,18 569:9 dealt 488:23,25 489:3,17,23 511:9 521:18 525:17 561:5 567:13 576:24 582:20 death 554:8 576:4 December 503:15 504:12 decide 492:2,6 568:16 580:18 580:22 decided 535:9 568:24 decision 535:4,24 536:15 544:11 561:8 564:16 decorative 584:21 deductions 508:8 defence 548:8,25 549:20 566:21 567:2 defendant 480:12 480:21 583:21 defendant's 567:24 577:17 degree 550:16 deliberate 535:23 deliberately 505:19 540:11 557:2 delivery 549:12 demanding 536:10 demolished 517:14,17 demolishing 518:2 518:18 denied 498:16,20 499:2,17 500:19 501:6,11,14,20 502:9 511:16,23 539:16,21,23 540:3,9 546:15 546:21 551:25 552:6,14 denies 498:23 540:13 depart
583:17,24 departure 581:14 depend 494:18 529:8 depending 584:14 depends 486:19 573:17 depth 522:25 designated 580:5 580:14,16 destruction 517:18 554:10 556:12 detail 508:2 detailed 526:5,8 526:15 578:3 581:7 583:13 details 494:3,6 determinate 536:15 develop 536:11 557:13 die 522:7 died 521:23 difference 576:12 578:15,15,17,19 579:10 different 499:19 500:15 502:2 514:19 537:10 547:21 550:15 550:17 553:12 568:14 572:20 581:7 583:8 difficult 491:6,12 491:18 526:20 544:20 difficulty 481:19 576:22 dilapidation 556:14 direct 497:14 direction 583:14 director 501:4 536:16 544:7 directors 557:23 557:25 disagreement 577:20 disappointed 549:15 disapproving 578:2,8 disclosure 576:19 576:23 discuss 506:8 517:6,8,9 520:17 521:16 523:3,8,11,15 527:13 528:2
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 588] 581:20 flat 579:25 fled 554:7 flee 554:5,16 Floor 480:15 flying 574:22 follow 496:14 504:5 505:21,23 506:19 513:3,12 524:9 525:3,8 541:7 542:3 543:6 followed 540:15 540:18 570:6 following 507:2,3 551:23 force 541:10 forefront 569:25 foreign 494:14,16 494:19 534:6 foreigner 521:24 522:5 forging 493:6 503:3 Forgive 482:11 forgotten 499:5,6 form 560:6 563:5 Formally 567:22 format 562:3 forth 580:12 forward 547:23 found 568:9 four 486:16 491:9 493:18,20 544:21 581:20 fourth 532:24 548:3 554:17,20 frankly 572:22 fraudulently 542:11 frequent 488:10 488:14 frequently 488:16 Friday 480:4 485:12,15 571:15 573:9,10 573:13 574:24 575:6,17 581:20 friend 570:12 575:13 577:21 friend's 569:3 front 482:2 486:20 530:11 530:12 553:4,5 558:4 570:18 full 505:21 533:9 571:25 Fully 503:22 function 537:2 functions 579:16 fundamental 540:2 further 510:12 571:6 579:2 582:15 fuss 567:13 G G 480:23 Gale 554:18,21,21 554:25 gap 575:24 gate 528:15,17 general 567:10 580:7 give 481:22 503:20 518:25 526:5,8,15 527:22 529:12 553:19 555:18 562:8,9 566:23 572:5 575:19 given 486:20 497:2 507:13 517:23 518:8 537:16 547:6,10 547:11 548:6,18 561:22 569:21 569:23 577:20 584:2 gives 528:9 579:3 giving 517:22 537:14 go 481:3 491:4 492:25 493:2,21 493:24 501:3 504:18 506:20 508:8 510:10 511:2 513:5,8 519:20 530:16 530:17 532:12 532:14 540:14 545:20 547:23 551:15 553:3,25 562:2,21 572:13 573:14 574:23 575:11 576:5 578:3 goats 521:23 goes 521:12 540:4 580:11 going 486:21 507:12 509:4 510:11 550:14 560:5 567:18 568:15 572:24 573:5,22 golly 570:15 good 508:10,22 509:5 515:9,9 531:20 537:13 557:17,19,19
LONDON, WC2A 1HP
editorial 490:3,7 490:13 523:13 524:22 525:5 559:9,23 561:18 562:5 564:23 editors 486:15 488:4 493:19,22 501:22,23 506:9 506:20 512:8 515:11,23 516:2 523:17,22 533:19 541:6 542:15,22,22 544:9,10 557:24 557:25 effectively 578:8 efforts 537:25 eight 493:9,13 522:19 560:6 either 485:23 492:8 538:11 565:4 577:3 email 480:17 514:7 employee 509:12 509:15,17 510:3 547:8 employees 508:10 508:12,21 509:3 509:5,9,25 514:25 545:21 545:25 546:7 547:15 employer 509:5 encourage 571:16 England 493:16 574:22,24 583:3 English 481:17,20 481:21 482:12 482:13,23,24,25 485:4 519:24 541:22 559:18 560:9 562:22 563:5 568:20 584:10 ensure 516:7,10 enter 522:5 528:8 538:21 entering 521:20 entirely 568:14 571:3,4 environmental 556:12 Equally 569:14 equipment 517:16 error 502:22 506:2 542:16 es 487:15 558:23 558:24 584:9 esoteric 569:12 especially
494:19 estimate 485:16 estimated 582:7 estimation 487:4 event 570:23 582:24 events 554:7 evidence 480:23 521:12 526:25 531:23,24 542:17 544:24 555:18 565:12 567:20,23,25 568:13 571:14 573:19,24 574:2 574:7 575:15 581:25 exact 485:24 486:3,5,14 exactly 486:15 492:7 524:13 576:2 EXAMINED 481:7 example 561:12 exception 550:15 553:19 excisions 566:6,9 Excuse 544:2 exhibit 530:4,12 530:14,16 531:9 531:16 550:19 550:22 551:3,14 exhibits 530:6 551:16 expect 572:10 expected 576:5 expertise 582:22 explain 485:21 493:19,20 503:10 520:2 524:17 531:4 540:9 544:8 549:5 550:11 556:22 557:22 560:14 561:9,12 562:11 566:20 explained 488:19 493:15 497:18 500:20 502:15 505:11 508:12 509:14,14 510:17 512:15 516:13 517:4 520:14 523:4 525:2 526:10 549:21 564:18 564:25 explaining 498:17 525:11 568:17 explains
516:14 explanation 518:25 526:15 express 482:17 577:11,14 expressed 577:17 expressing 481:19 481:21 expression 584:13 e-mail 574:18 F face 538:20 facing 504:23 505:2 fact 502:9 503:14 504:23 543:23 564:15 570:23 578:6 579:18 580:23 factors 580:17 factory 517:14 facts 483:4 498:14 529:3 550:17 566:8 572:8 failing 557:11 failure 536:11 fairly 488:10,14 488:16 489:5,9 fairness 540:2 faithfully 570:16 fake 493:5,17 499:21 503:3 falling 577:25 false 496:4 502:13 525:20 far 496:3 497:6,7 566:13 567:18 576:18 581:4 farm 489:5,6,7 491:20,24 492:3 492:6,10,13,14 492:16 499:22 514:5 517:18 521:21,23 522:6 527:25 528:2,6 528:15,18,20 534:16 536:12 538:21 553:15 554:5,9 556:2 557:9 farming 491:10 491:15,17 492:14,17 fault 543:23 544:3 552:3 favour 502:3 505:20 529:2 540:12 551:11 570:23 582:25 583:20
favourable 541:13 543:24 544:4 favoured 535:22 543:20 550:8 favouring 550:10 fax 514:7 February 519:21 fide 533:8 figure 486:3,5,22 figures 485:24 580:6 582:7 file 481:4,8,9 493:2 499:11,11 499:11 511:2,7 511:8 520:20,20 520:20,21,21 521:17 529:13 530:5,10 532:12 548:8 549:25 551:15,16,16 552:4 559:2,3,4 582:6 filed 548:25 549:20 files 530:9 final 582:16 Finally 484:6 find 505:24 537:23 538:9 567:2 571:18 finding 541:2 findings 570:23 Finehasi 566:4 fingertips 536:7 finish 510:12 513:19 528:4 572:22,23 573:11,19 574:2 575:15 finished 494:12,12 513:15 559:3 finishes 545:4 finishing 573:15 Fiona 536:9,16 557:10 574:16 firm 579:14 580:10 581:13 581:16 firm's 581:10 first 481:25 487:4 487:5,6 494:10 495:21 526:5,14 532:19 561:15 561:21 564:3 566:16 573:21 576:18 five 485:11 486:2 486:16 496:8 531:2 541:16,17 544:12,14
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 589] 566:4,5,21 567:4 IPP's 494:23 558:23 560:11 irrigation 556:14 islands 488:20 issue 548:7 566:22 issued 542:11 543:9 issues 572:20 584:7 Issues/Pleadings 577:12 issuing 493:5 503:3 J J 569:22,24 570:7 570:16 Jackson 490:16 490:17 493:13 JAMES 480:20 January 500:4,6 504:19 506:11 506:12 511:9 job 491:2 515:10 joined 483:12,16 483:19 JONATHAN 480:20 journalist 483:7,9 483:10 485:20 574:25 journalists 485:25 487:15 515:15 515:20 judge 526:10 572:14,15 573:3 573:4 579:25 580:5,14,16,21 580:22 583:2,7 583:12,23 584:16 judged 578:5 judges 581:5 judgment 549:12 549:13,15,16 570:7,16 579:20 583:17 judicial 576:3 judiciary 534:17 juggle 575:10 June 555:25 557:6 junior 584:20 juniors 584:19 jurisdiction 569:18 Justice 480:1,2,6 482:11 486:16 495:10 500:10 501:3 510:9,14 510:23 511:7 526:3 527:15 530:8 531:21 532:4 533:7 535:13,15,17 536:6 542:4,6 544:25 545:9 549:8 551:19 552:2,10 555:13 555:21 564:3 565:7,9,11 566:12,17,23 567:19,22 568:4 569:10 570:7,17 571:6,11,20 572:9,12 573:6 574:4,8,13 575:3,8,18,21 576:2,13,16,21 577:7,10 578:10 578:22 579:12 579:24 581:8 582:21 584:4,12 584:20 justifying 578:4 K Kabendera 573:25 574:21 575:11 Kenya 555:19 kept 557:2 Kilimanjaro 488:11,14,15,19 488:21 490:17 490:18 492:18 492:22 495:14 510:18 kilometres 514:5 514:6 Kimambo 490:16 490:17 493:8,13 495:24 498:2 500:24 501:17 504:3,14 505:7 506:3,5,10,22 507:11,19,24 508:15,17 509:12,15,17,21 510:2 511:25 512:22,24 513:10,14,23 518:15 520:9,12 520:16,17 521:2 521:6 522:11,16 522:22 523:2,6 524:7,12,18 527:11 536:19 537:11 540:16 540:18,20 546:25 552:25
LONDON, WC2A 1HP
559:18 560:9 571:13 575:19 580:25 581:12 583:18,23 Grace 552:18,19 552:21 grammar 560:4 granted 539:9 grateful 581:20 great 568:9 583:6 greatly 571:23 Green 580:19 581:17 ground 570:19 group 485:13,15 485:25 486:15 grouped 580:7 guard 528:13 Guardian 483:12 483:16,19 514:13,21,21 515:16 538:11 538:15 546:15 546:18 547:3 Guardian's 567:4 guidance 580:8 guideline 580:3,6 580:15 guidelines 580:6 guillotine 573:8 H Habibu 546:16,22 Hai 538:19 half 553:6 571:17 572:17,21 573:6 576:11 handed 530:5,6 566:12 handle 486:17 494:3,5,6 handled 521:7 547:3 handling 525:9 happen 506:16 513:6 523:23 happened 502:17 502:20,23,25 503:7,12,14 505:24 520:8,9 528:17 535:7,8 541:2 546:13 560:11,13 580:5 happening 528:15 happens 488:15 488:17,18 502:24 513:8 515:13,14 523:4 525:23 harass 534:4 harassed 534:15
harder 578:4 harvested 516:25 harvesting 556:13 hasten 571:3 Hatimy 481:5 head 558:17 hear 495:6,14 518:23 544:2,20 557:4 584:20,22 heard 544:25 581:24 582:11 hearing 540:24 570:14,15 heels 574:25 help 539:23 546:4 546:11 569:19 572:16 576:6 577:10 helped 534:14 helpful 568:24 569:6 570:2 571:18 572:15 577:9 herd 554:9 Hermitage 480:12 573:21 575:5,15 Hertfordshire 579:17 High 480:1 517:5 517:9,10 518:3 518:4,5,14,20 534:11,18 541:19,25 556:4 holding 484:9 hole 546:2 honest 572:18 576:12 hope 572:9,23,23 574:3 hospital 545:23 hostile 550:9 hot 582:17 hour 576:11 579:11 582:9 hourly 580:11 hours 582:9 583:3 house 480:15 517:17 houses 517:16 HQ10D04585 480:1 human 502:22 506:2 537:12 I idea 486:2,4 524:22 525:5 559:9,23 561:18 564:13 identified 528:13 ignore 568:2
illegal 556:12 illegally 534:16 illness 576:5 imagine 510:10 546:5 immediate 541:20 541:25 immense 569:14 impact 568:20 importance 514:8 514:9 important 493:22 493:23 494:4,10 494:17 495:8 502:15,16,18,19 504:5 505:23 514:3 516:15 574:20 575:11 impose 573:8 impossible 544:22 inadmissible 569:12 inaudible 494:18 538:25 540:25 544:9,9 incapable 572:3 included 542:21 including 517:17 573:4 incurred 582:7 indicate 578:20 indicated 570:12 indicating 581:14 individual 583:5 infer 566:14,15 inferences 566:8 inform 506:19 information 499:7 503:11,16,18,21 504:17,22 507:19,20 508:11 509:7 517:22 518:11 521:11 525:7 528:3 541:8 542:24 543:16 555:15 561:23 informed 507:7 507:10 522:19 524:8 565:5 informing 517:22 info@martenw... 480:17 infrastructure 556:15 inserted 574:11 575:14 inside 496:16 instinctive 582:23 instructed 480:19
480:20 544:3 instructions 582:19 Insurance 568:9 intend 549:16 intended 549:14 578:11 intention 573:20 intentions 575:19 577:3 inter 584:10 interest 533:11 interested 541:2,6 583:23 interesting 584:15 interminable 572:13 internet 566:20 567:6,8,10 interpretation 578:5 interpreter 481:2 481:4,9 482:14 482:23 495:7 500:10 529:11 544:23 545:2,3 interpreting 545:4 interrupt 486:21 interrupting 528:4 interruptions 572:14,15 interview 562:13 invasion 554:9 investigated 546:24 investigating 546:13 Investment 533:9 investor 494:14 494:16,19 500:9 506:18 508:24 531:11 538:18 541:19 543:8 545:21,25 556:6 556:11 557:10 investors 491:6,12 491:18 533:6,8 534:4,6 554:5,7 invitation 502:12 invite 583:25 involve 544:10 547:8 involved 485:19 485:23 490:14 520:3,5,6 547:12,21,22 564:15 IPP 558:14,17
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 590] 549:1 550:1 551:1 552:1 553:1 554:1 555:1 556:1 557:1 558:1 559:1 560:1,17 561:1,3 562:1 562:23 563:1 564:1 565:1,12 lunch 531:25 Luton 578:18,23 578:23 579:5,8 579:10,13,22 580:15,19,23 581:3,3,17,17 583:10 584:8 lying 549:2 lyrical 572:6 M Macha 552:18,19 552:21 machetes 545:24 machine 514:7 machinery 517:15 MacKinder 558:12,13,19 561:3,23 563:4 magistrate 521:20 528:14 542:18 Magistrates 543:10 main 487:7 making 509:18 521:12 526:25 548:6 Malasusa 567:23 man 485:9 505:5 566:4 578:25 management 556:6 manager 508:25 510:17,20 544:7 manager's 517:17 Managing 538:15 544:7 manners 557:19 margin 580:12 Marisale 528:13 mark 582:12 marker 582:13 584:7 married 552:23 552:25 Marten 480:15 massive 554:10 material 572:5 matter 568:15,19 582:3 mattered 498:14 498:19 matters 566:7 584:12 Mbono 489:7 mean 485:18 487:12,24,25 496:20 497:16 499:24 500:9 503:2 506:11,12 532:13 534:24 534:25 535:6,21 537:7 556:23 561:13 565:3 571:25 meaning 530:3 means 490:7 582:21 meant 564:14 577:23 mecum 573:3 media 515:10 564:20 567:4 meeting 493:9 512:11,14,17,25 512:25 513:4,6 513:7,15,18 516:14 522:18 522:20 524:8 559:6,9,21 562:5,7 564:23 meetings 490:3,8 490:13 513:20 523:14,19,25 524:22 525:5 559:23 561:18 Member 554:18 554:22,25 memorable 494:22 memory 497:10 523:18 525:21 576:18 Mengi 480:9 494:22,25 495:3 495:11,13,17 502:4,6 505:20 510:16 521:22 528:7 529:2 536:3,4,16 538:16 541:13 543:21 544:17 545:12,15 548:4 548:6 550:8 553:8 555:18 556:7,11,25 557:18,20 564:4 564:4,14,19 Mengi's 495:17 557:11 564:16 mention 505:5 511:19 540:8
559:5,7,20,22 561:16,17,19,24 562:4 565:4 Kimambo's 503:24 kind 513:20 576:10 Kiswahili 481:23 Kitamari 538:25 Kitamaris 538:24 540:6,15,19 knew 516:19 528:23 545:17 564:6 know 486:15 489:25 490:15 491:23 492:4,12 495:3,4,10,13 495:16,17,19 502:17,19,22 503:12 510:7 512:3,4,5,20 514:16,25 522:23 524:20 527:8,13 537:21 544:6,16,19,24 545:11,14 546:19 548:16 552:24 555:15 555:18 558:16 558:17,19,22 564:5,18,20,21 573:20 574:14 574:17,21 575:20 578:16 581:5,20 583:8 known 494:16 505:9 511:25 581:5 582:16 knows 571:21 L lack 501:8,21,23 502:22 505:15 505:17,25 511:17,19 540:4 540:6 552:17 553:23,24 lacks 501:25 laid 554:25 lamented 534:17 land 488:10,13 489:4,9 491:10 491:15,17,21 492:18,19,22 556:13 572:22 Lane 480:16 language 482:17 526:18 large 554:9 law 568:8 572:17
573:5 579:14 580:10 582:23 lawyer 548:25 549:2,19 560:11 562:13 lawyers 545:6 558:14,17 lead 570:6 573:11 584:15 leading 572:2 learn 564:3 learned 569:3 570:12 575:13 577:21 lease 556:2,8 leave 532:14 575:3,18 leaves 577:18 led 503:10 ledge 481:8 left 518:19 520:21 559:16 legal 534:4 legally 499:22 Lema 566:4 Lemar 517:20,22 length 572:19 583:6 let's 550:19 551:14 553:3,25 555:11 libel 514:13 515:4 Limited 515:16 557:10 line 483:3 491:13 501:11 lined 574:4 lines 491:9 listening 513:18 544:22,22 little 495:8 544:12 567:18 573:18 573:25 575:22 576:9,24 578:17 live 579:17 lives 495:13 livestock 522:6 local 491:6,11,18 492:2,5,9,12 534:3 545:23 557:10 locality 580:7 locate 538:9 located 581:11 London 480:3,16 578:13 579:18 583:10 long 493:12 494:2 494:7 496:2,8 497:4,12 522:25
523:20 524:2 525:15 526:10 539:22 554:15 554:17 555:4,6 572:25 575:18 look 481:14 495:22 499:9,10 501:6,10 508:5 511:6,6 516:24 520:19 521:17 521:21 522:4 524:3 529:13 530:9,10,11,12 531:13 532:12 532:24 534:10 536:14 539:7 541:7,16 542:7 543:4 545:25 546:14 548:3 549:11,25 550:2 550:19,22 551:14,24 553:24 554:15 554:16,24 555:10 556:10 557:4 559:2,9 559:14,19 560:3 561:13 564:7 580:3 looked 501:25 551:17,23,24 552:5,13 553:5 553:7 562:16 574:15 looking 504:18 511:8 526:3 527:19 528:2,6 530:18 532:7 541:17 552:18 562:20,21 563:2 568:7 looks 568:11 Lord 481:2,4 493:11 495:6 507:11 510:22 511:8 520:12 521:2,6 525:23 526:17 527:4,6 530:20 531:20 537:10 544:20 564:5,18 565:8 565:10 566:2,25 567:20 568:5,15 569:20 571:3,8 574:6,20 576:14 576:17 580:3 583:12 584:6 Lordship 530:7 536:4 562:24 566:2,3,10,16
567:2,3,6,11 568:3,6,8,10,10 568:16,17,25 569:5,6,20 570:3 571:16,17 572:18 Lordship's 511:4 521:18 536:2 582:14 losing 556:7 lost 570:6 lot 487:17,20 489:3 531:13 lovely 578:25 lower 546:2 581:18 luck 581:13 Lucky 578:25 Luhanga 481:2,6 481:14,17 482:1 482:3,11 483:1 483:2,7,16 484:1 485:1,3,9 486:1,16 487:1 488:1 489:1 490:1 491:1 492:1,8 493:1 493:25 494:1 495:1,20 496:1 497:1,10,20 498:1 499:1 500:1 501:1,7 502:1,23 503:1 504:1 505:1 506:1 507:1,6 507:22 508:1,3 509:1 510:1 511:1,3 512:1 513:1 514:1 515:1 516:1 517:1 518:1 519:1,15 520:1 521:1,13 522:1 522:2 523:1 524:1,6,10,16 525:1,10,18 526:1,4 527:1 528:1 529:1 530:1,5,13 531:1,2,10,22 532:1,6,21 533:1,4 534:1 535:1 536:1 537:1 538:1 539:1 540:1 541:1 542:1 543:1,6,23 544:1,3,23 545:1,3 546:1,5 547:1 548:1
LONDON, WC2A 1HP
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 591] 558:7 notebook 510:7 noted 510:5,5 562:2 577:24 notes 480:15 513:24 514:4 580:9 notice 559:16 569:20 November 480:4 561:15 584:24 NSSF 507:9,20,21 508:20,23,25 510:17,20 number 514:17,17 514:22 515:4 530:12 559:15 561:6 567:4 numbers 566:24 O O 480:23 obtain 513:23 514:2 516:17 obtained 537:18 obvious 492:9 obviously 573:22 575:4,10 579:13 582:4 occasions 537:11 office 531:12 560:11 578:19 578:24 579:5,5 579:7 581:11 officers 538:21 offices 558:23 581:15 Okay 490:16 500:13,18 520:8 522:14 530:4 534:14 545:8 547:23 553:3 555:10 559:19 omission 560:7 once 527:11 538:7 538:7 574:16 582:16 ones 541:4 562:24 one-sided 537:14 onwards 577:15 open 481:8 532:14 534:4 567:5 opened 566:9 operate 579:7,18 operates 579:15 580:10 opinion 568:6,18 569:11,21 570:4 opportunity 548:6 548:18 568:7 584:2 optimistic 573:18 oral 572:12 order 522:5 543:9 544:5 571:21 576:25 577:24 580:18 582:24 ordered 541:20,25 547:24 orders 528:14 541:19 542:18 576:19,23 584:15 organs 534:3 original 495:10 ought 501:3 581:3 outcome 581:24 582:16 584:14 outstanding 577:19 overhead 580:11 580:18 overheads 579:9 overlooked 570:11 o'clock 493:9,13 493:19,20 512:25 522:19 531:21 532:4 575:22 576:6,8 P P 480:23 page 482:5 483:2 483:13 486:20 487:4,5,6 493:2 499:10,11 500:2 500:3,11 501:3 501:5,10 504:18 506:4 508:6 511:2,4,6,7,11 516:24 517:13 519:21,22 520:21,22,22 521:17 524:5 527:20,21,22 528:13 529:13 530:17 532:7,12 532:13 536:9 538:18 541:16 543:4,4,4 545:20 546:14 547:23 549:9,11 550:3,4 551:16 551:18,20,23,23 552:3,9,18 553:3,4,5,5,6,7 553:24,25 554:3 554:15 555:10 555:22,22,22,23 557:4,6 559:4,8 559:19,19
LONDON, WC2A 1HP
546:23 560:8 564:13 576:17 581:22 582:16 mentioned 498:22 499:2 501:9,13 501:15 509:7,8 509:11 511:24 512:23 517:25 518:6,10 526:17 527:7 532:22 534:20 547:7 551:5 553:22 555:6,8 558:8 564:23 565:4 577:21 mentioning 516:5 merely 584:21 met 495:14 middle 508:5 516:24 517:13 528:12 554:17 554:20 556:10 Middleton 494:11 494:13,14,16 498:8,10,15,20 503:7 505:2 507:9,12 508:10 511:13 517:11 517:19,23 518:8 518:13,15,25 521:20,25 529:6 531:19 535:23 537:15,17,24,25 538:7,11 539:6 539:13,16,21,23 542:2,18 543:8 543:24 544:4 545:18 546:3,5 546:10 547:6,10 547:16,17 548:24 549:4 550:9 551:12 573:21 574:11 574:23 575:14 575:21 Middletons 548:14 553:9,19 Middleton's 516:18,21 527:22 528:9,22 536:3 542:11 547:24 548:18 Millie 521:22 million 507:10 508:25 536:3 547:24 mind 495:7 569:7 mine 531:14 Minister 532:25 533:3,5,12,16
534:3 535:18,20 Ministers 533:6 ministry 533:10 minute 507:11 minutes 513:20,23 513:25,25 514:2 514:8,10,10 579:25 missed 542:16 543:14,18 554:14 555:8 557:17 560:9 missing 517:16 559:12 560:3 mistake 497:9,9 503:24,25 512:7 512:9 537:13 538:17 542:13 542:15 543:2,15 543:19 546:6,7 559:12 560:4,8 mistakes 515:6 544:13 moment 496:3 510:22 521:6 531:20 567:21 Monday 485:12 485:14 571:9 573:12,15 574:10,11 575:21,23 576:7 576:9 584:23,24 money 507:13,18 month 504:21 505:14 months 485:13,14 508:9 509:4,8 576:4 morning 493:8,13 506:3,5,7,10 512:24 522:18 524:8 526:24 559:6,20 Moshi 503:20 534:17 538:23 541:19 547:5 554:5,8,16 555:25 556:4 move 481:9 536:8 538:18 MTanzania 557:7 Muchoki 567:23 Mwananchi 501:10,13 551:17,22 552:5 552:9 N N 480:23 name 482:2 502:5 names 565:2
nation 534:5 national 500:12 504:23 549:12 Nationals 548:5 near 491:8 necessarily 566:8 necessary 499:10 516:17 529:6 568:22 581:7 582:25 need 482:14 487:6 491:15 516:21 524:5 532:14 533:4 541:20,22 542:2 559:4 575:20 577:10 577:15 579:3,4 582:19 never 495:14 505:23 530:2,20 531:4 532:18 537:7 565:4 566:22 new 556:10 news 484:8,9,11 484:12 485:9,16 486:15 487:14 487:17,20 488:2 488:4,7,22,25 489:13,13,13 490:17,21,23 492:21 493:15 493:20,22,22 494:4,21 495:4 495:5,24 500:21 509:23 513:12 515:6,6,10,17 515:21 516:3 524:21 525:4 529:14 532:17 534:9,21,24 535:6 541:18 553:4,11,25 555:10,13,25 559:8,22 561:8 561:17 582:4 newspaper 483:20 501:13 529:18 535:6 546:18 550:12 552:7 553:10,13 556:18 557:7 562:16,18 newspapers 483:20 514:13 514:14,15,20,21 514:24,25 523:23 529:22 534:25 535:3,7 543:17 550:7,15
550:20 551:4,8 552:8 553:15 555:11 556:23 563:2 566:21 newsworthy 532:20 533:11 533:15,18,24 534:6,18 541:3 541:6 556:17,19 557:13 Ngasongwa 533:5 533:7 Ngoja 511:13 Ngoya 498:16,20 Nguma 558:15,17 Nguma's 531:12 nine 576:4 Nipashe 483:21 489:24 492:23 499:9 500:4,6,7 500:17 502:16 502:19,21 505:13 511:9 514:14,20,22,24 515:2,18,19 519:11 523:23 525:18 534:23 534:25 535:3,5 535:10,23 538:12 539:3 541:17 542:21 543:11,20 546:18,20 547:3 550:8 551:6 554:11,13 555:7 556:21,24 557:2 557:16,19 561:15 562:16 567:7 nonsense 579:16 normal 489:5,9,10 489:11,12 490:23 506:24 509:19 510:7,8 515:7,10 520:17 521:4,7,9,14,15 523:22 529:9 542:24 543:17 551:9 559:25 560:2 normally 486:19 488:3 490:23 506:8,16 516:15 522:19,21 523:3 523:4,7,10 525:23 548:23 549:6 note 509:21 510:2 511:4 521:18 530:22,24 536:2
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 592] 500:21 500:23 505:5 559:15,17 575:13 problems 481:21 514:12 551:7 577:18 proceed 513:3 524:9 proceedings 482:4 507:5,14,16 549:14,16 568:19,20 process 563:4 produce 537:3 550:19 produced 530:4 553:14 555:11 professional 483:7,10 professionalism 500:21,23 501:9 501:21,23,25 505:15,17 506:2 511:17,20 540:5 540:7 552:17 553:23,24 profit 580:12 promise 566:6 proper 567:25 property 577:25 prosecution 539:8 prosecutor 503:15 prospects 569:3 569:11,13,17 provide 549:13 providing 579:9 provisionally 582:12 provisions 515:15 515:19 public 533:7,11 publication 566:20 567:12 publish 544:16 545:11,14,17 published 506:7 514:18,23 515:5 518:21 519:3 534:24 535:23 548:19 555:13 555:16,19 557:24 559:11 561:8 567:4,7 publishes 537:3 publishing 543:20 557:20 punch 546:2 purdah 575:6 purpose 572:4 purposes 584:21 pursued 569:23 570:13 put 517:24 518:8 532:7,8,9,11,15 532:15 545:10 547:6,10 548:18 549:25 559:3 567:16,22 568:12 577:4 582:7,12,13 584:19 putting 584:6 Q QC 480:19,20 Quality 480:15,16 quarantine 575:17 QUEEN'S 480:1 question 481:25 482:24 484:6 486:18 488:24 489:20,21 495:10 497:14 500:14 502:24 509:16 517:5 518:19,19,22,24 518:25 522:8 526:12,23 528:16 529:19 530:25 533:21 535:20 539:11 545:10 548:13 548:13 550:21 561:3,6,13 562:8 573:17 575:24 579:24 582:12 583:25 584:9 questions 481:23 482:13,19,19 509:20,24 510:4 510:12 526:24 558:6,8 561:4 561:23 563:8 564:2 quick 580:20 quickly 572:13 quite 481:17 486:13 514:2 550:17 575:7 quotation 508:14 quote 534:2 quoted 533:16 534:21,22 R R 480:23 raise 583:22 Rampton 480:19
LONDON, WC2A 1HP
561:13 566:10 568:12 577:13 580:4 582:6 583:14 pages 516:12 551:4 paid 508:7,9,22 509:3,4,8 pangas 546:16,22 paper 529:25 535:11 554:25 papers 531:4 539:22 550:21 555:12 paragraph 491:7 491:8,8,9 492:16,25 493:3 495:22 496:14 499:21 508:6,10 511:4,10 517:12 517:13 520:19 520:22 521:19 521:22 522:4 524:3,4 532:19 536:14 539:7,8 546:14 548:3 550:2,4,22,25 551:25 552:6,13 556:11 559:2,5 559:10,13,14,19 560:3 561:14 564:7,11 566:23 567:3,11 570:9 570:18 583:14 paragraphs 499:12,20,24,25 500:8,11,14,16 511:6,11 549:9 566:13 567:2,9 pardon 482:7 Parliament 554:18,22,25 555:2 part 501:23 503:24 508:21 568:11,12,14 partes 584:10 particular 504:7 523:18 562:19 570:9 580:5 particularly 490:19 570:5 parties 513:4,7 571:16 576:20 583:16 party 513:18 pass 497:25 529:23 544:8 553:3 557:23 562:7 passages
569:2,2 569:8,16 passed 523:16 524:24 527:9 557:24 pasted 560:12 patience 577:4 Pause 499:13 500:13 511:11 519:23 522:14 564:12 574:9 pay 507:10,13,17 508:24 547:24 paying 579:9 peculiarly 581:5 pen 510:8 people 485:25 491:6,11,18 492:2,6,9,12,20 493:23 502:21 512:14,16,18 516:23 537:4 543:18 544:21 562:25 perfectly 505:9 period 484:6 487:13 490:19 permission 517:2 517:11 521:24 permit 567:15 persistent 554:8 person 494:16 501:22 507:20 527:25 528:6 533:16 541:10 547:18 persuaded 580:24 phenomenon 580:13,13 phone 493:15 538:2,4 physically 564:20 572:3 578:23 581:11 picked 536:5 place 517:18 528:20 562:13 578:25 planning 532:25 533:3,5 plantation 557:13 planted 510:15 play 571:14 pleasant 584:23 please 481:3,8,9 481:10,12,15 483:15 486:8,18 500:10 518:22 528:4 529:11 535:14 545:4
550:3 577:19 pleased 557:4 566:2 584:20 pleasure 584:22 Pocock 534:11,12 567:24 point 494:21 510:11 527:3 549:9 553:14,18 558:9 577:3,21 583:22 points 571:18,20 584:3 poison 488:20 police 534:17 538:21 543:7 546:8,8,10,12 546:15,21 poor 529:12 575:11 port 505:22 position 567:15 569:24 570:10 570:15 possible 575:9 possibly 508:2 516:6 527:2 post 567:5 573:15 posted 567:10 postmortem 559:6 559:20 post-mortem 493:14 practice 583:14 practising 578:12 prayer 570:20 prefer 481:22 482:18 prepared 506:13 531:16 558:3 presented 524:21 525:5 559:9,23 561:18 presumably 514:2 presume 566:14 566:15 presumption 583:20 pretty 573:7 preventing 521:20 previous 571:22 previously 485:12 583:24 Pre-Action 577:12 Price 480:20 482:19 485:2 486:1,21 487:1 488:1 489:1 490:1 491:1
492:1 493:1 494:1 495:1 496:1 497:1 498:1 499:1 500:1 501:1,4 502:1 503:1 504:1 505:1 506:1 507:1 508:1 509:1 510:1,9,11,15 510:22 511:1,2 511:8 512:1 513:1 514:1 515:1 516:1 517:1 518:1 519:1 520:1 521:1 522:1 523:1 524:1 525:1 526:1 527:1,15,16 528:1 529:1,12 530:1,9,25 531:1,20 532:1 532:6 533:1 534:1 535:1,18 536:1,8 537:1 538:1 539:1 540:1 541:1 542:1,5,10 543:1 544:1,22 544:25 545:1,9 545:11 546:1 547:1 548:1 549:1,8,11 550:1 551:1,20 552:1,3,13 553:1 554:1 555:1,22 556:1 557:1 558:1 559:1 560:1,17 562:2 565:7,8 566:20,25 568:2 568:5 569:10,20 570:8,11 571:3 571:8,12 572:8 572:15 573:6,18 574:10,20 575:4 575:7,10,18 576:8 579:20 Price's 570:6 print 562:18 printed 535:16,17 privilege 568:13 568:23 probably 487:6 490:9 530:7 532:18 539:2 566:25 569:5 572:20 573:19 581:22 problem
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 593] 489:2,3 529:3 545:23 550:14 550:16 551:25 552:14 representative 507:21 508:20 represented 581:16 represents 570:10 republish 505:13 request 515:18 546:19 549:22 requested 540:9 549:12,21 requesting 549:15 require 567:16 573:23 required 557:12 574:5 resident 543:10 545:23 resolve 581:23 respect 562:9 576:25 581:18 respected 494:20 responsible 492:11,15 rest 488:18 restricted 581:3 result 491:10,17 retractions 514:17,23 515:5 returned 539:20 539:25 556:23 returning 556:22 reverse 571:21 reviewed 518:4,5 RE-EXAMINED 561:2 RICHARD 480:19 rid 559:3 right 483:8,13,17 485:9 486:7,10 498:11,16,21 500:13 502:17 510:23 520:13 521:18 525:25 526:2,9 527:15 530:22 532:8,11 534:2 542:6 549:8 551:15 566:19 567:7,15 569:10,16 571:4 571:11 572:9 573:7 574:13 576:13 578:10 581:6,8 584:22 rightly 527:10 566:6 right-hand 532:11 532:15 rise 577:20 Roger 554:18,25 rough 486:2,14,21 487:3,4 round 505:4 532:13 554:3 579:12 Royal 480:2 rule 581:14 583:9 rules 525:3,8 ruling 542:2 583:9 run 535:11 S s 480:23 570:7,16 sacked 508:22 sacking 509:5 Safety 533:7 Salaam 487:15 558:23,24 584:9 salaries 508:7,22 509:3 SARAH 480:12 satisfied 515:8 570:22 583:18 satisfy 583:2 Saturday 485:13 485:15 save 569:12 saw 526:21 531:8 536:20 saying 486:11 492:19 516:21 518:15 525:13 525:24 528:19 535:4,9,18 541:7 564:15 570:21 573:18 578:6 says 501:4 508:5 509:7 512:14 516:25 517:11 517:14,15,18 528:12 530:22 530:24 532:24 533:3 534:10,12 534:14,18 536:14 537:17 538:11 539:2,8 539:25 540:23 541:21 542:10 542:17 546:2 548:3 552:6 554:20,24 555:25 556:4,11 557:9 561:15 567:7 script 572:4 573:2 second 521:22
LONDON, WC2A 1HP
481:2,7 482:1 482:11,18 483:1 484:1 495:6,12 530:22 535:14 544:20 555:18 561:2 562:1 563:1,8 565:9 565:10 566:2,16 566:19 567:20 567:25 570:5,9 570:14,21 571:4 571:12,21 572:2 572:8,11,16 573:10,17 574:6 574:11,14 575:13,19,20,24 576:11,14 584:19 rate 571:18 578:2 578:4,7,11 579:14 580:14 580:15 581:7,17 582:15 rates 578:6,20 579:17 580:3,11 580:25 581:3,9 581:15 583:10 583:10,10 584:8 reached 513:13 reaction 582:23 read 481:17 485:18,22 491:14 496:6,7 496:11,13 497:2 497:13,23,24 498:6,11,15,20 499:11,14,20 500:8,10 511:10 511:11 519:24 520:2,4,14 521:11 522:12 522:14 524:6,11 526:17 531:4,6 531:8,17 532:19 533:14 534:13 534:22 537:22 539:4,22 541:18 542:4,5,6,6,9,14 543:5,5 550:5 554:23 555:3 556:5 560:15 563:3,6 564:6 564:11 566:11 569:19 573:25 574:15,16 reader 515:12 readers 502:16,19 502:21 reading 508:4 534:8,8 555:3
572:4 reads 483:3 519:24 ready 517:9 really 487:13 570:2 reason 492:12 508:11,23 509:5 535:22 543:22 562:23 569:8 580:25 583:18 583:24 reasonable 577:7 reasons 548:11,14 569:23 recalculation 582:14 recall 553:2 568:6 568:8 577:18 recedes 576:18 receive 503:18 535:11,15 541:5 547:4 570:22 received 495:23 561:19 receiving 554:8 583:16 recognise 498:4 recollection 577:7 577:8,11 record 566:12 567:22 recorded 562:9 569:24 570:16 570:16 records 570:21 recoverability 584:10 recoverable 583:5 583:10 recovering 569:4 recovery 569:14 583:20 redacted 569:2,8 569:16 redactions 568:6 reduced 580:13 reducing 576:22 576:25 refer 566:6 567:9 reference 536:6 567:8 568:10 581:10 references 537:9 referring 493:2 refused 511:22 540:10 548:7 577:11 refusing 538:21 regard 489:4
492:19 514:20 515:3 523:23 553:12 583:16 regarded 577:24 regarding 488:19 regards 574:8 Reginald 480:9 495:17 538:16 545:12 557:20 564:4 Reginald's 564:14 564:24 region 492:18,23 regional 546:15 580:12,13 register 515:23 516:2 registered 533:8 578:18 579:8 Registry 556:4 regular 490:16 504:3 546:8 related 507:7,8 565:3 582:23 relating 494:13,14 516:14,23 518:2 519:8 528:5 531:11 relation 516:7 517:3 518:18 519:2,16 526:16 531:18 relationship 491:5 491:11,17 565:2 release 503:9 541:19,20,25 released 501:12 501:15 503:5 511:24 540:10 relevant 568:11 580:14,18 581:10 rely 550:20 remaining 522:6 568:14 573:10 remanded 540:23 remember 491:22 492:22,24 493:6 493:7,8,12,25 494:2,3,6,7,8,15 495:21 496:4,5 496:11,25 497:3 497:5,6,8,13,15 497:20,21,22 504:11 506:3,4 506:10,14 507:22,23 508:2 508:4,15,17 509:10 512:24 517:25 519:10
519:25 522:11 522:12,15,16,17 522:22,23,24,24 523:2,6,7,10,13 523:20,24 524:2 524:10,11,11,13 524:16,17,18,19 524:21,25 525:9 525:11,12,14,17 525:19 526:11 527:2,11,13 538:5,6,8 539:2 539:4,5 540:20 540:21,25 542:14 545:9,20 545:21 572:18 578:13 remembers 508:16 remind 555:11 568:9 removed 557:10 reopen 583:25 repeat 505:25 507:8 518:22,24 535:13 561:5 repeated 499:8 500:17 504:23 505:2 repeating 553:21 repeats 499:16 511:13 repetitive 558:25 reply 566:22 567:11 report 494:5 501:10 502:9,10 502:10 503:5 514:3 516:24 528:17 535:5 536:15,18,19,23 537:9,16 539:16 539:21 540:2 541:12 543:24 544:4 546:21 547:23 549:7,19 550:7,11,12,12 551:6,7,8,9,10 552:4 553:7 555:4,6 reported 503:17 503:18 508:14 508:19 529:4 534:23 543:11 549:23 553:15 554:10,13 557:16 reporter 485:23 reporters 537:3 reports 488:23
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 594] 497:13 515:17 515:21,24 516:3 525:10,17 526:17 527:6,7 528:25 529:9 535:2 537:8,13 537:13,14 538:12 541:5 543:20 544:8,16 545:17 547:2 550:20 551:6 553:19 story 493:2,5,6,18 494:3,6,9,10,13 494:18 495:20 495:21 496:25 497:2,5,11,12 497:15,17,25 498:2,4,5,8,10 498:19,22 499:12 502:3,10 502:15,18 503:9 503:23 504:5,17 505:4,7,12,19 505:21,22,22,23 506:4,7,12,19 506:20 507:5,7 507:8 508:12,16 508:18,19,24 510:15,19 511:9 512:20 513:3,10 513:15,19 516:7 516:11,12,13,18 516:22 517:4,10 517:24,25 518:9 518:9,16,17,21 519:2,4,6,7,8,15 519:16,21,25 520:3,4,10,13 521:3,7,17,19 521:21,25 522:3 522:9,11,16,22 522:23,24 523:6 523:13,16,19,21 523:24 524:8,13 524:22 525:5,15 526:21,22 527:17,18,19,22 527:24 528:5,10 528:11,12,19,22 528:25 529:7,8 529:13,16,19,21 529:24 530:4,17 530:20,25 531:2 531:5,6,7,17,18 532:20,22,24 533:11,15,17,18 533:20,24 535:10,12 536:2 536:5,9,13,22 536:25 537:11 537:14,22,23 538:23 539:6,13 539:14,14,16 540:4,11,15,18 540:20 541:3,7 541:15,16 542:13,16,20,21 542:23 543:3,16 543:17 545:11 545:14,20,21 546:4,6 547:4,6 547:10,11,13 548:19,20,22 549:6 550:7,11 551:6 552:18 553:20,25,25 554:12 555:8 556:17,19 557:13,17,18,20 557:23 559:6,9 559:10,23 561:18 562:7,11 564:15,17 straightaway 522:12 Strand 480:3 strict 515:15,19 striking 570:20 strongly 534:5 Stuart 517:19 style 497:21,22 526:21 subeditor 561:21 subject 566:5,17 566:19 568:8,14 568:18 572:13 577:15 582:14 582:15 subleasing 556:12 submission 572:24 573:2 submissions 566:17 570:17 571:19,24,25 572:4,7,10,13 577:5 submit 568:22 583:21 submitted 538:23 subsequent 567:9 substantial 569:4 Sub-editor 484:2 484:5 488:22,25 489:14 success 569:11,18 suddenly 579:16 sued 536:3 suggest 486:6 502:13 505:13
522:4 534:10 536:14 577:21 sector 515:6 see 497:23 500:13 500:16 501:11 502:21 508:6 512:10 513:13 514:4 515:12 516:12 517:2 519:21 522:10 524:7 526:18 529:4,15,17,20 529:25,25 530:3 530:14,17,23,25 532:25 533:3,14 533:16,19 534:2 534:11 536:13 536:23 537:17 537:23 538:19 540:23 541:17 542:10,11 546:14 548:9 549:18 550:4,6 552:5,19,20 554:2,12,20 555:2,3 556:2,3 556:9,15 557:7 557:8,9,15 559:5,14 566:13 568:25 569:6 573:14 581:23 582:6 583:15 seek 482:13 seeks 571:2 seen 529:16,19,21 529:24 530:2,20 531:2,5,7 532:18 536:19 566:13 579:6 sees 514:3 567:3,6 567:11 seize 534:16 send 514:8 541:8 574:18 sends 516:16 sense 492:5 557:19 561:22 574:15 579:23 sensible 579:14 sensibly 580:16 sent 513:15,19 516:19 561:20 separate 492:23 538:20 September 483:13 483:16 serious 576:5 seriously 545:17 services 579:9 set 534:5 561:21 sets
583:19 seven 496:8 507:10,13 508:24 shaky 569:15 shames 534:5 sheet 530:11,12 shillings 507:10 508:25 536:4,11 short 510:25 532:5 576:4 shortage 491:10 491:15,16 492:17 shortly 569:21 show 493:17 530:12,13 553:17 555:11 559:2 showing 540:6 shown 519:20 569:8 shut 583:20 sic 525:16 side 516:18,21 517:24 518:8 527:22 528:9,22 529:7 532:11,15 532:15 537:16 547:6,10 548:18 553:20 559:4 566:5 574:14 sign 515:23 516:2 558:10 560:13 560:15 signature 482:4,5 482:10 483:2 516:4 signed 531:14 563:7 568:3 576:3 significant 573:11 signs 554:21 Silverdale 489:5,7 489:10 491:20 492:13,14,16 536:10 550:23 551:3,8 553:15 554:9 557:9 similar 535:7 551:6 562:2 565:2 simply 525:20 537:2 541:6 558:25 566:10 567:11 577:23 578:2 582:13 583:8 584:8 single 568:18 sitting 571:9 six
485:11 526:13 526:25 slanted 502:3 505:19 529:2 540:12 slashed 546:16,22 slight 578:19 slightly 578:3 581:18 slowly 543:5 545:7 societies 491:22 512:12 556:7 solicitor 558:4,6,7 558:11,20 578:12 581:11 solicitors 558:22 579:8,9 582:8 583:3 somebody 515:7 516:14 521:10 521:14 523:12 524:23 525:2 529:12 531:12 550:10 552:7 sorry 482:7 487:19 488:4,12 488:24 494:12 494:24 495:6 498:9 500:5 501:4 502:5 504:25 507:15 511:8 515:25 528:4 530:9 535:13 536:4 538:17 540:17 542:15,20 555:5 557:17 558:21 574:6 576:2 sort 489:9 490:22 500:20,23 516:4 space 559:4 spared 543:6 speak 490:20 520:16 545:5 557:5 559:18 560:9 561:24 speaking 493:8 495:7 503:22 506:3,4,10 512:24 521:3 522:11,16,22,23 523:2,6 524:18 542:23 544:21 544:23 564:25 speaks 572:2 special 494:9 581:14 specialist 562:22 speeches 571:15 spent
583:3 splendid 569:13 spoil 502:12 spoke 493:12,14 501:17,19 506:22 508:12 513:2,10,16 522:18,24 524:7 524:12,19 527:11 538:12 559:5,7,20,21 561:16,16 562:3 562:4 stacking 508:10 stage 534:15 571:7 stand 515:11 standard 583:15 start 575:22 576:6 576:9 started 485:14 starting 580:4 stated 483:4 502:8 statement 482:3 483:3,4,5,14 485:4 487:11 488:13 491:5 493:3 495:23 496:17,19,22 499:10 509:12 509:13,15,17 511:3,10 520:19 521:19 523:5 524:3 525:20 526:13,20 530:5 530:13,14,17 531:10,14,15,16 535:19 550:3,3 551:14 558:3,25 560:6 561:5,14 562:10 563:5 564:7 566:3,12 567:16 568:3 570:25 statements 530:6 582:2,8 583:4,6 584:11 Stenograph/Sho... 480:15 Stephen 558:12 steps 516:7,10 Stewart 507:7 stick 572:8 sticking 552:4 stories 485:16 486:7,10,13,17 486:19,20,24 487:7,7,9,15 489:8,17,24 492:23 496:5,8
LONDON, WC2A 1HP
TEL: (020) 7067 2900
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MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 595] 532:16 551:15 553:4 568:12 topic 582:17 total 582:7 totally 510:19 touch 490:16 504:3,16 touches 493:23 town 578:14 trace 570:3 Transcript 480:15 translate 482:24 482:25 491:15 524:6 533:4 541:21,23 542:2 translated 482:15 482:19,22 485:4 485:6 526:19 translation 551:22 557:6 translator 529:12 treat 522:6 treatment 517:14 trees 516:25 517:3 517:11 518:18 519:2,8,19 trial 571:22 576:19 582:22 trouble 554:21 575:25 576:25 577:2,16 581:19 true 483:5,18,22 490:4 493:10 495:25 496:2 498:3,13 500:20 500:25 501:19 502:14,18 504:16 505:3,8 505:21,22 510:20 512:13 513:2 515:22,22 520:24,25 525:6 525:22 532:20 534:21 535:25 536:18,20 538:13,22,25 539:14,14 540:8 540:13 541:15 541:24 543:22 545:13,16,19 546:6 551:13 557:3,22 560:14 truly 515:14 522:23 542:23 564:25 trust 514:10,11 533:13 536:24 537:4 538:9 trusts 537:2 trustworthy 539:9 truth 483:6 497:10,14 502:3 510:15 524:25 525:9 549:5 try 486:18 537:19 537:23 538:9 570:3 571:16 trying 506:19 578:9 Tuesday 571:9,14 573:19 574:3,5 575:6,16,23 576:7,10 Tugendhat 569:22,24 570:7 570:16 turn 481:10 530:11 532:13 554:2,7 555:22 twice 499:9 501:2 two 487:6 488:20 490:3 498:14,15 498:18,19,20 500:16 508:8 509:4,7 511:6 511:11 531:21 532:4 538:20 548:5 549:9 554:7 566:5,9 579:25 583:17 two-day 575:24 typed 560:11 563:4,5 typographical 559:12 560:4 T-shirts 552:11 U UK 555:2 unauthorised 556:13 unaware 535:18 unclear 579:23 584:11 understand 481:17,18 482:12,18 485:3 485:6,7,8 489:19,21 490:10,22 491:20,25 496:10 503:22 509:16 510:4 514:5 516:5 523:18 524:3,6 526:20 527:3,4 531:22 532:2 533:4,22 539:11 541:21,22 542:8 542:9 548:13 553:20
LONDON, WC2A 1HP
505:19 508:2 510:11 525:20 528:25 531:12 535:22 540:11 543:19 550:14 556:25 suggested 486:9 526:24 579:19 suggesting 492:16 508:21 527:10 544:19 sum 490:15 summary 568:2 sums 582:7 supervision 517:19 supervisor 527:25 support 533:9 supportive 553:9 suppose 570:24 supposed 499:3 541:8 sure 486:13 490:22 526:22 545:2 555:17 560:5 573:20 574:18 576:11 surely 582:11 surprising 544:12 Sussex 578:19,24 578:25 583:10 Swahili 481:24 482:20,20,25 483:20 485:5 500:12 526:17 526:18,21,22 527:7 539:3 545:5 551:22 557:5 562:14,15 562:17,18,20,21 563:2 SWORN 481:6 T tab 481:4 499:11 520:21 530:9,10 530:14,16 551:19,20,23 552:3,9 559:4 564:8,9 568:2 582:6 take 485:13 492:25 510:23 513:24 545:6 560:5 561:12 568:21,21 569:4 569:5 570:20 571:6 573:5,24 573:25 582:19 584:11 taken 493:16
502:11 503:5 506:18 513:20 516:7,10 535:4 568:15,17 570:2 583:6 takes 485:15 talk 492:20,20 531:23 545:3 546:19 talking 486:23 487:13 488:5 490:12 499:18 511:22 514:19 514:21,24 562:19 564:19 talks 499:21 Tanzania 487:22 487:23 488:2,6 488:18 515:9,10 517:6 529:23 552:8 555:14,16 555:17,20 556:4 557:10 565:2 574:22 575:2,12 583:7 Tanzanian 494:18 529:14 532:17 533:9 549:6 568:19 tape 506:18 tape-recorded 510:5 task 578:4 technical 567:12 telephone 480:16 513:17 520:16 538:7 tele-commuter 581:12 tell 493:11 497:24 506:25 507:24 513:6,14,16 515:2,19 520:8 523:21 525:23 526:18 528:9 536:19 538:8 542:3,7 561:22 562:24 566:2 573:4 576:2 577:8,10,19 telling 508:15,17 562:6 temporary 543:9 ten 486:6,9 487:9 489:14,23 490:12 492:23 582:9 tendency 542:17 tens 489:17,19,23 terminating 536:9 termination
537:18 terms 502:8 Terrified 554:5 text 571:25 thank 481:9,25 483:2 495:12 503:16 555:21 557:18 560:17 562:12 563:8 565:7,11,12 568:4 584:17 theme 580:9 themes 572:6 thing 494:20 510:8 515:7 520:17 521:9,14 521:15 523:22 529:9 539:4 542:25 543:17 550:10,10 551:9 559:25 564:3 567:15 571:12 574:20 things 497:23 498:19 515:11 526:11 531:13 544:15 551:5,11 551:11 think 482:7 486:24 487:13 495:9 501:3 507:19 516:17 517:21,23 519:14 523:20 526:12 529:6 530:22 533:16 539:14 547:14 549:8 552:2,22 562:12,23 566:7 566:25 567:6,15 567:17,21 568:2 569:10,16,18 571:6,13 573:5 573:6,7,14,22 575:3 577:7 578:22 579:3,4 579:6 581:5,8 584:4,12 thinking 490:19 thinks 516:15 third 511:21 554:24 thought 499:18 513:6 576:17 thoughts 573:14 thousand 490:13 thousands 489:17 489:19,23 threats 554:8 three 485:13,14
486:22 487:6 490:5,6 491:8 499:8,12,20,23 499:24,24 500:8 500:11,13 501:17 509:7 537:10 544:20 Thursday 485:14 571:10 timber 516:25 556:13 time 487:12 488:2 488:2 489:25 493:12,14 494:2 494:7 496:2,8 497:4,12 508:8 508:22 511:21 514:12,12 517:6 517:8 522:25 523:20 524:2 525:15 526:10 526:14 532:5 539:22 544:21 544:24 551:7 559:10,25 564:21 570:10 570:12 572:25 573:5 574:2 575:5 577:16 578:23,24 581:2 581:19 583:3 times 486:17 499:8 501:17,19 506:22 513:10 513:16 524:13 524:14,18,19 527:11,14 531:2 537:12 538:8 559:8,22 560:6 561:6,17 today 506:16 562:24 574:19 581:23,25 584:18 told 499:18 504:13,13,14 507:9,11,11,17 507:25 513:4,7 513:8 519:5 520:12 521:2,6 528:7,13 530:20 536:21,22 537:10 538:2 543:24 544:14 548:24,25 549:19 560:12 562:23 565:6 566:3 569:22,22 574:21 576:4 top 532:7,8,9,11
TEL: (020) 7067 2900
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MENGI v HERMITAGE
9 NOVEMBER 2012
PROCEEDINGS DAY 4 [Page 596] 516:12,24 517:13 575:22 576:6,8 10-minute 510:23 10.30 584:23,24 11 489:14,23 490:12 521:23 114,000 582:8 12 510:24 519:21 519:22 12th 584:24 12-13 486:24,25 131 559:5 561:13 134 520:21,22 135 524:5 14 521:17 527:20 527:22 570:9,18 140 482:9 483:2 550:4 141 482:5,6 142 482:7 15 517:16 529:13 532:7,12,13 577:13 582:6 150 490:7 16 491:8 492:16 1636 580:4 1659 583:14 17 536:9 17th 536:17 18 493:3 538:18 559:2,5 561:14 18(a) 492:25 18(d) 495:22 19 541:16 564:7 564:11 19th 511:9 1989 483:10 1995 483:13,17 2 2 481:4 483:13 493:2 510:9 520:20,21 530:5 551:16 559:2 564:9 2LL 480:3 2nd 506:12 519:21 2,000 512:14 20 486:2 543:4,4 559:10,13,15 2005 484:7,9 490:19 2006 500:4,6 504:19 519:22 526:4,7,8,9,16 526:25 2007 484:7,9,11 484:12 490:20 2008 483:25 484:3 484:12 490:3,5 2010 555:25 557:6 2012 480:4 208 579:10 21 546:14 22 545:20 22nd 561:15 221 579:11 23 559:14,19 24th 526:4,9,16 526:25 25 488:6 517:16 547:23 560:3 26 549:10,11 27 511:4,10 2900 480:16 3 3 493:2 499:11,11 511:8 529:13 532:12 582:6 3rd 500:4,6 504:19 506:11 30 486:2,22 488:5 551:16,20,23 552:3,9 30th 548:4 30-40 551:4 31 520:19,22 32 521:19,23 524:3,4 552:18 33 553:3 34 530:17 553:6 341 582:9 583:3 35 553:24 582:9 36 553:25 554:3 38 555:10,22,22 555:23 39 557:4 4 4 480:23 481:4,10 481:11,12 501:10 520:21 530:9,10,12,14 530:16 551:19 551:20,23 552:3 552:9 559:4 564:9 577:13 582:6 40 488:5 557:6 400,000 536:11 5 5 510:24 5th 503:15 504:10 504:11 5.6 583:14 50 512:16,18 500 514:5,6 51(d) 583:14
LONDON, WC2A 1HP
understanding 523:9 571:8 understands 491:16 502:24 519:25 understood 512:3 514:11 526:12 563:6 577:23 584:8 undesirable 575:5 unfavourable 541:14 unfortunate 567:13 unfortunately 498:22 501:14 503:9 504:7 529:20,22 576:8 unhappily 543:12 Unluckily 529:25 unprofessional 499:6 537:11 541:9 543:2,15 544:13 unreal 572:18 untrue 510:19 updated 577:13 577:17 upgraded 580:25 up-country 487:10,17,20,25 488:7 use 494:21 561:7 573:2,12 useful 568:24 V vaccinate 522:6 vade 573:3 vandalism 556:14 various 501:19 576:19 verbally 509:19 509:20 verify 515:16,20 verifying 515:23 516:2 version 539:3 versions 563:2 vets 522:5 victim 546:11 view 568:15,17,21 568:22 569:5,5 570:2 views 571:21 village 492:20 512:11 516:23 villages 491:21 499:23 vindication 570:22
volume 564:9 577:13 W wait 493:18 519:18,20 545:4 574:24 581:23 waiting 518:14 waived 568:13,23 wake 554:8 Walsh 480:15 want 485:21 486:2,14,14,21 490:14 491:19 491:24 492:7,8 492:10 499:13 500:14 532:18 533:21 546:19 550:11 553:12 559:16 567:12 570:11 573:9,13 574:24 wanted 513:5 wants 574:11 warning 575:19 warrant 542:10 water 529:11,13 wax 572:6 way 490:9 496:18 497:23 498:22 499:6 502:2,7 505:3 510:10 520:11 521:4,8 532:9,22,22 533:13,14,14,19 534:8,8,20,21 534:21,22 538:2 547:3,4 550:7,8 553:22 556:20 557:25 560:2 561:7,7,9,10,25 561:25 562:6 566:25 579:12 580:3,7 ways 569:12 WC1 579:18 WC2A 480:3,16 Webb 577:24 579:6,15 Webb's 577:16,22 578:6,11 581:19 website 566:4 Wednesday 571:9 week 485:11 554:24 571:8 579:7 weekend 573:13 574:15,22 584:23 weeks 526:13 582:9,10
went 493:11 513:18 522:3 528:19,20 562:6 White 554:25 568:10 580:4 Whitman 480:19 578:17 579:5 580:18 581:2,16 wish 575:22 577:6 583:22 584:22 withdrew 565:13 witness 481:3 483:4,14 485:3 488:13 491:5 493:3 495:22 496:17,19 498:25 499:10 500:11 511:3,10 519:25 520:19 521:19 523:5 524:3 525:20 526:13 530:4,6 530:13,14,16 531:9,16,22 532:3 545:2 549:9 550:2,3 551:14 558:3,25 560:6 561:5,14 562:10 564:7 565:13 566:7 567:16,25 568:2 571:5 574:7 582:2,8 583:4,6 witnessed 546:3 546:11 witnessing 547:19 witness's 500:21 566:15 wonder 495:7 577:2 word 559:11,16 560:3,7 568:5 571:13 wording 558:25 559:24 words 560:7 work 485:11,12 485:14 491:4 558:13 579:2 582:8 583:11 worked 483:19 working 574:25 578:23 581:12 582:5 works 558:15,19 578:18 world 494:20 worried 492:13 wouldn't 527:13 write 501:15
505:3 507:25 511:23 513:25 514:14 515:6,22 530:19 535:2,3 538:13 547:4 548:22,23 558:4 560:2 writes 515:8 516:15 writing 509:17 550:17 553:22 564:21 571:19 571:24 572:5,12 576:23 577:2 written 485:3,5 492:21 495:23 498:2 499:3 505:3,7 506:2 508:19 509:12 509:15 512:23 514:11 516:19 517:20 519:4 526:14 533:13 533:20 534:20 535:2 536:24 540:20 541:22 548:16 552:7 555:17 556:20 560:14,16 561:19,25 572:24 573:2 577:5 wrong 530:23 580:21 wrongly 527:10 wrote 496:19,25 508:16 513:19 536:20,22 537:22 538:15 538:16 539:19 546:25 558:5 X X 580:15 Y year 490:8 526:6 years 489:15,18 489:23 490:12 496:9 526:13,25 yesterday 566:3 0 020 480:16 1 1 567:3 1HP 480:16 1st 480:15 483:16 540:24 10 511:6,7,11
TEL: (020) 7067 2900
FAX: (020) 7831 6864
MENGI v HERMITAGE
9 NOVEMBER 2012
55 550:2,4,22,24 550:25 6 6 499:10,11 500:2 500:3,11 504:18 506:4 567:2 6-9 480:16 6.1 567:3 6.11.3 567:3,6 7 7 510:9 7.2 567:11 7067 480:16 75 516:25 8 8 512:25 889 568:11 890 568:12 9 9 511:2,4 516:12 559:19 568:2 9th 480:4 90 536:3 547:24
LONDON, WC2A 1HP
TEL: (020) 7067 2900
FAX: (020) 7831 6864

Mengi V Hermitage 2102 Trial Transcript

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MENGI v HERMITAGE

PROCEEDINGS DAY 4 [Page 482]

IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION

Claim No: HQ10D04585

English by the interpreter? in Swahili and then I translate into English.

24 A. Yes, you ask the question in English, I translate, he answer

[1] (Pages 480 to 483)

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FAX: (020) 7831 6864

9 NOVEMBER 2012 [Page 484]

PROCEEDINGS DAY 4 [Page 486]

stories a day or more, would that be right?

stories a day, would I be right?

24 A. I think it becomes between 12-13 stories? 25 A. 12-13?

[2] (Pages 484 to 487)

TEL: (020) 7067 2900

FAX: (020) 7831 6864

9 NOVEMBER 2012 [Page 488]

PROCEEDINGS DAY 4 [Page 490]

a thousand editorial meetings? the sum, but I do not know.

[3] (Pages 488 to 491)

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FAX: (020) 7831 6864

9 NOVEMBER 2012 [Page 492]

PROCEEDINGS DAY 4 [Page 494]

to handle the report.

others which I do not remember.

about David Middleton.

relating to a foreign investor, Mr. David Middleton.

6 MR. RAMPTON: My Lord, I am sorry, I cannot hear the answers from

25 Q. You remember that, do you, Mr. Luhanga?

[4] (Pages 492 to 495)

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9 NOVEMBER 2012 [Page 496]

PROCEEDINGS DAY 4 [Page 498]

[5] (Pages 496 to 499)

TEL: (020) 7067 2900

FAX: (020) 7831 6864

9 NOVEMBER 2012 [Page 500]

PROCEEDINGS DAY 4 [Page 502]

a problem about the witness's professionalism of news correspondents.

13 A. Yes, in the Mwananchi newspaper it was mentioned like that,

the prosecutor on 5th December.

it. information? story.

[6] (Pages 500 to 503)

TEL: (020) 7067 2900

FAX: (020) 7831 6864

9 NOVEMBER 2012 [Page 504]

PROCEEDINGS DAY 4 [Page 506]

3 Q. Do you remember speaking to Mr. Kimambo on the morning that

with our editors or correspondents.

[7] (Pages 504 to 507)

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9 NOVEMBER 2012 [Page 508]

PROCEEDINGS DAY 4 [Page 510]

Mr. Benjamin Mengi, was it not? from the Kilimanjaro.

complained, should be complaining.

to 5 past 12. (Short adjournment)

7 A. As I mentioned, this information, it says about two or three

25 A. That he discussed with one of the employees.

[8] (Pages 508 to 511)