Word: barreness
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...closed session of court last Monday (the transcript was released on Tuesday when Zadok's letter was made public), Barr underscored the significance of Zadok's reservations. He asked the jury to heed the wording in Zadok's letter, and in letters from Kahan and the Israeli Attorney General's office, which suggested that other important documents and information may well exist that TIME was not allowed to see. That material, said Barr, could include minutes of a meeting that Sharon held with Bashir two days before the assassination; the Defense Minister might have learned there of the Phalangists' intentions...
...Barr then reviewed the Kahan report in detail, citing passages that buttressed TIME's contention that Sharon had discussed revenge with the Phalangists. The Kahan report disputed key points of Sharon's testimony before the commission, Barr said. Sharon, for example, contended that Chief of Staff Rafael Eitan ordered the Phalangists into the camps; the report concluded that Sharon also made the decision. Contrary to the impression Sharon tried to create during the trial, the former Defense Minister had been warned of the consequences of his decision even as the Phalangists were preparing to enter the camps. In one instance...
...decided to send this bunch of bloodthirsty cutthroats into those camps," said Barr to the jurors, "alarm bells would be going off in your heads. You would be saying, 'God, keep those people out of there. We can't let those people go into those camps.' Yet he (Sharon) sat on the witness stand and told you, 'I didn't know it was going to happen. I had no idea, never in my wildest dreams...
...Barr reminded the jurors that Sharon's lawyers must prove "actual malice," that is, that TIME published the paragraph knowing it to be false, or with reckless disregard for whether it was false. He insisted that staff members had worked on the story in good faith. Halevy had several sources for his account of Sharon's talks with the Phalangists, the lawyer argued. After reading the Kahan report, "he believed those sources were correct." As for the other TIME journalists who relied on Halevy's reporting, Barr said, they had read the Kahan report and trusted Halevy completely...
...plaintiff's case is too much," Barr concluded. "It reaches out beyond sense and reason." Sharon brought this lawsuit, Barr charged, because "he had to fight somebody. He couldn't sue the commission. It already had gone out of business. He picked out this one paragraph and said, 'This is the way to attack the Kahan commission . . . and that's the way I'm going to wash my hands clean of this terrible, terrible mess...