QB-2022-001397 - [2025] EWHC 2193 (KB)

In support of the truth defence, the Guardian called 26 witnesses to give oral evidence, of whom 24 gave evidence in person, and two (‘Penelope’ and Garry Moore) gave evidence by video link, over the course of ten days (days 10-18 and 23). Each of them had given a single witness statement.

Joanne Hayes, Laura Pugh and ‘Imogen’ gave evidence on day 10. ‘Penelope’, Thalia Hambi-Fisher and Hugh Sherlock gave evidence on day 11. ‘Mila’, Charles Cattrall, Samuel Phillips and Marc Small gave evidence on day 12. Leanne Coldwell and ‘Ivy’ gave evidence on day 13. Davie Fairbanks gave evidence over the course of two afternoons and one morning on days 13, 14 and 18. Due to a chronic pain condition from which he suffers, it was necessary to adjourn a little early on the afternoon of 21 March (day 13), after he had been cross-examined for about 1½ hours. In accordance with the schedule, he resumed his evidence at 2pm on 24 March (day 14), giving evidence for about 2¼ hours (including a short break). As the process of giving evidence took its toll on him, given his health condition, the parties agreed to schedule the remaining cross-examination of Mr Fairbanks for 28 March (day 18), and his evidence was completed that morning.

Naome Morris and Johannah Whyte gave evidence on day 14. Gina Powell gave evidence for about 6½ hours over the course of days 15 and 16; and Helen Atherton, Philippa Crabb and Synne Seltveit each gave their evidence on day 16. Jonathan Finn, Judy Counihan, Lisa Graham, Hollie Ibson and Garry Moore all gave evidence on day 17. Jing Lusi gave evidence on day 18. Anna Kaiser (née Avramenko) gave evidence on day 23 (having been in Japan from 9 March to 3 April 2025, and flown into London on the morning that she gave evidence).

I address the evidence of each of these witnesses in the context of the allegations to which their evidence is relevant.