Word: appendix
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Dates: during 1980-1989
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Sharon's lawsuit was aimed at the 22nd paragraph in TIME's eight-page story. The passage described a sympathy call Sharon paid to the Gemayel family the day after Bashir's death and said that details about the visit were contained in a classified Appendix B to the report. The paragraph went on to say: "Sharon reportedly told the Gemayels that the Israeli army would be moving ; into West Beirut and that he expected the Christian forces to go into the Palestinian refugee camps. Sharon also reportedly discussed with the Gemayels the need for the Phalangists to take revenge...
...paragraph at issue in Sharon's lawsuit comes halfway through the eight- page story; it described a condolence call Sharon paid to the Gemayel family the day after Bashir's death and said that information about the visit was contained in a classified Appendix B to the report. The passage went on to say: "Sharon reportedly told the Gemayels that the Israeli army would be moving into West Beirut and that he expected the Christian forces to go into the Palestinian refugee camps. Sharon also reportedly discussed with the Gemayels the need for the Phalangists to take revenge...
Since TIME had already conceded that Appendix B did not state that Sharon discussed revenge with the Gemayels, the issue of truth for the jury focused on a single question: Had Sharon proved that "he did not engage in any discussion with the Phalangists, prior to the massacre, of the need to take revenge"? During the trial, Sharon relied principally on his own testimony to prove this point. He denied that he had ever discussed revenge--not just with the Lebanese, but with "anybody...
Devoting 20 of his charge's 64 pages to a definition of "actual malice," Sofaer offered three separate ways in which the jurors could find against TIME. If they believed Halevy or another TIME employee had "fabricated" the story, including the claim of what was in Appendix B, then that would constitute actual malice. The jurors also could decide against TIME if they believed Sharon's charge that journalists in New York had "exaggerated or distorted" the information Halevy received to the point that they were aware that it was "probably untrue." Finally, the jurors could find actual malice...
Almost two years after Minister Sharon began litigation against TIME over this paragraph, the Israeli government has permitted an Israeli attorney representing TIME to examine this secret appendix. Based upon this examination last week, TIME now issues a correction: Appendix B does not contain further details about Sharon's visit to the Gemayel family. TIME regrets that error...