‘Let me begin, Mr Cox, by asking you if you ever saw the advertisement in question.’
Mr Cox stared down at him in righteous indignation.
‘Yes, of course I did,’ he replied.
‘Was it of a quality that in normal circumstances would have been acceptable to your company?’
‘Yes, but …’
‘No “buts”, Mr Cox. It either was, or it was not, of a quality acceptable to your company.’
‘It was,’ replied Mr Cox, through pursed lips.
‘Did your company end up paying for the advertisement?’
‘Certainly not,’ said Mr Cox. ‘A member of my staff queried the invoice, and immediately brought it to my attention.’
‘How commendable,’ said Duveen. ‘And did that same member of staff spot the wording concerning payment of the invoice?’
‘No, it was I who spotted that,’ said Mr Cox, looking towards the jury with a smile of satisfaction.
‘Most impressive, Mr Cox. And can you still recall the exact wording on the invoice?’
‘Yes, I think so,’ said Mr Cox. He hesitated, but only for a moment. ‘“If you are dissatisfied with the product, there is no obligation to pay this invoice.” ‘
‘“No obligation to pay this invoice,” ‘ repeated Duveen.
‘Yes,’ Mr Cox replied. ‘That’s what it stated.’
‘So you didn’t pay the bill?’
‘No, I did not.’
‘Allow me to sum up your position, Mr Cox. You received a free advertisement in my client’s magazine, of a quality that would have been acceptable to your company had it been in any other periodical. Is that correct?’
‘Yes, but …’ began Mr Cox.
‘No more questions, m’lud.’
Duveen had avoided mentioning those clients who had paid for their advertisements, as none of them was willing to appear in court for fear of the adverse publicity that would follow. Kenny felt his QC had destroyed the prosecution’s star witness, but Duveen warned him that Jarvis would try to do the same to him the moment he stepped into the witness box.
The judge suggested a break for lunch. Kenny didn’t eat - he just perused the Data Protection Act once again.
When the court resumed after lunch, Mr Duveen informed the judge that he would be calling only the defendant.
Kenny entered the witness box dressed in a dark-blue suit, white shirt and Guards tie.
Mr Duveen spent some considerable time allowing Kenny to take him through his army career and the service he had given to his country in the Gulf, without touching on the service he had more recently given at Her Majesty’s pleasure. He then proceeded to guide Kenny through the evidence in brief. By the time Duveen had resumed his place, the jury were in no doubt that they were dealing with a businessman of unimpeachable rectitude.
Mr Matthew Jarvis QC rose slowly from his place, and made great play of rearranging his papers before asking his first question.
‘Mr Merchant, allow me to begin by asking you about the periodical in question, Business Enterprise UK. Why did you select that particular name for your magazine?’
‘It represents everything I believe in.’
‘Yes, I’m sure it does, Mr Merchant, but isn’t the truth that you were trying to mislead potential advertisers into confusing your publication with Business Enterprise, a magazine of many years’ standing and an impeccable reputation. Isn’t that what you were really up to?’
‘No more than Woman does with Woman’s Own, or House and Garden with Homes and Gardens,’ Kenny retorted.