Federal Court - Christian Aboriginal Infrastructure Developments ...

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[1413] On May 12 th , day 17 of the trial during the cross-examination of Mr. Ivanski, a witness for
the Defendant, the following statement was made by the Defendant respecting the status of Exhibit
11, at page 2743 of the transcript:
MR. WHITTLE: With the exception of the black binders that
the Crown has submitted as for the proof of the truth of the contents,
that’s always been my understanding.
[1414] On May 30 th , day 24 of the trial, during the direct examination of Mr. Sewell when he
2010 FC 495 (CanLII)
appeared as a witness for the Defendant, the following statement was made concerning Exhibit D-
11 at page 4162, as follows:
MR. WHITTLE: No, My Lady. The black binders, as we all
know, are submitted for the proof of truth of the contents.
[1415] The Defendant, subsequently, attempted to resile from the entry of Exhibit D-11 as
documents that were admitted for the truth and accuracy of their contents. I refer to the following
commentary that appears at pages 4317 and 4318 of the transcript on June 2 nd , day 25 of the trial:
MR. FLORENCE: My Lady, if I could speak to one matter first.
I’ve mentioned to my learned friend that I was going to raise this
issue.
Prior to the lunch break Mr. Sali was putting some questions to Mr.
Sewell with respect to the defendant’s black binders as being
admissions by the defendant that the contents thereof are proof of the
truth of the contents. I just wanted to go on the record that it is the
defendant’s position that is not what those documents were put in
for. They were put in as admissions on discovery by the plaintiff, and
I believe the transcript will reflect that.
JUSTICE:
Thank you.
MR. SALI: My Lady, so there is no misunderstanding, my
position is two fold. You cannot put documents in for the truth and