Federal Court - Christian Aboriginal Infrastructure Developments ...

Page: 383
[1412] On April 14, day 11 of the trial, the Defendant cross-examined Mr. Alan Kerr upon a letter
dated May 29, 2000 that is contained in Exhibit D-11, Tab 219. This letter was put to Mr. Kerr in
the following manner, as appears from pages 1847 to 1849 of the transcript:
Q. Black volume 6, and that’s black - - defendant’s black. And Mr.
Kerr, tab 219, please.
A. I have it, yes.
…
2010 FC 495 (CanLII)
Q. You should have in front of you again a letter without letterhead
dated May 29 th , 2000 with the page number for identification 9745.
That’s the one you have
A. Yes, I do.
…
Q. I just want you to confirm that this is a letter that was sent.
A. I don’t know if it was sent or not. What I’m saying is, the amount
stayed the same. It was - - I believe it was at that amount, $4 million.
But the contents within the letter may have changed. I’m not sure if
it’s a final version or not.
Q. And just so you’re aware, Mr. Kerr, you’ll remember throughout
the discovery I asked you on a number of documents whether they
were true and accurate, and then we got protocol one. You’ll
remember all that, of course.
A. Yes, I do.
Q. And in this proceeding, that document has been entered as proof
of the truth of the contents. In other words, it’s a document you
admitted at one point in the discovery. (Emphasis added)