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Gold/Mining/Energy : Trooper Technologies Inc. (TPP.V)

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To: webber warren scott who wrote (1234)5/22/1998 4:59:00 AM
From: Robert Pool  Read Replies (2) of 2090
 
Court hearing, Just got in

Sorry everyone for not posting from the court room, but my new cell phone battery was defective. Any way it was great to be right in the thick of it and was as entertaining as was expected. Didn't meet or see anyone that might be a TT shareholder. Please post if you were there.

And now the story:

The court room was very small and only had one row of seats in the back of the room located in the (bowels of the earth was my first thought) basement.

Any way, I have requested a copy of the transcript and hope to have it early next week. Then I can give you the meat of the hearing.

Here's a brief summery of what took place:

10:06 False alarm. (court clerk enters to bring in a pile of binders) we stood up for nothing.

The hearing began at 10:10 am with introductions etc.

Mr. Lunney summarized the purpose of the hearing in which he indicated to the court that Trooper was more concerned with compliance than punishment.

There was then some discussion as to the admissibility into evidence, the new 7 page affidavit of Mr. Lebowitz which was turned in on Tuesday. This was set aside for the time being. But the cross examination of the other affidavits would continue.

Then each witness was called to testify.

10:37am

Mr. Lunny cross examined Mr. Cumming
Mr. Cumming ( very nervous, took a long time to answer questions which also needed to be repeated, was asked a pile of questions regarding the affidavits submitted by Thermo Tech.

11:20 am

Broke for 15 min for Cumming to review some documentation.

11:42 am
Continued with Mr. Cumming

Mr. Cumming was cross examined regarding the patents the thermophilic proses and plants.
To my surprise he had admitted that the current patented proses claimed in different press releases and literature which refers to 2 Canadian and 2 US patents were not being used in the existing plants. Including Hamilton. There is now no Patented proses in use in a Thermo Tech Plant.

(To keep this post reasonably short I will elaborate on this part in a latter post.)

Around 12:00 (sorry didn't note the time)
2nd Mr. Lewis was called. Quite calm yet was some what hostile and aggressive, obviously didn't like being there on the stand, but after lunch seemed to be much more relaxed. Over all he did quite well answering questions and explaining his answers. He came across as being quite honest.
He was cross examined regarding the Technical Manual and its contents. He admitted that he only updated the information as per the information that Thermo Tech supplied. He also confirmed that the Manual given to Trooper was not a Certified version but was an updated version of the 1989 Manual which carried a Certified letter.

Broke for lunch till 2:01 pm

Went back to Mr. Lewis
Mr. Lunny asked more questions relating to sight specific Technical Drawings and Designs etc.

2:31pm
Mr. Bowes questioned Mr. Lewis about the same subjects.

2:45 pm
Mr. Lis was cross examined by Mr. Bowes

Mr. Lis seemed nervous, but relaxed after a few questions. Answered all questions quite well and didn't appear to be holding back on his answers. Most of the questions asked of Mr. Lis were not related to the contempt hearing. (I didn't really understand where Bowes was trying to go.) Mr. Bowes asked lots of questions regarding Troopers involvement in Poland. (I found this quite informative, but would be boring for TT share holders.) Mr. Lis referred often to the BDO study to confirm his answers.

3:49 pm

Mr. Bowes cross examined Mr. Kelly the independent Engineer who was hired to compare the 1992 and 1998 Manuals as well as give his opinion on these Manuals

Mr. Kelly appeared to be nervous but conducted him self with utmost respect to the court and was extremely professional. Was straight forward and answered all question very thoroughly. He seemed to really know his stuff. I'm sure that their wasn't a person in the court that would doubt his credibility or his honesty. (IMHO just a real nice guy)

Ran into overtime and there was no time to address the new affidavit from Mr. Libowitz so court was adjourned until the 2nd week in June to hear argument over weather Mr. Libowitz's affidavit would be admissible. A half day would be set aside for this.

Then its off to closing arguments we go.

My personal and biased felling on the hearing:

I found Mr. Cummings to be contradicting himself and Rene quite often. He seemed to answer his questions as though he was trying to hide something or trying to recall what he might have said or written in the past. I was very disappointed in his performance in the way he responded, he was very vague and his responses had to be pried out of him. The three other witnesses did a credible job, I don't feel this way about Mr. Cumming.

This will have to do for now.

If anyone wishes to post or email any questions please do. I will do my best to answer them.
My email address is poolco@jetnet.ab.ca

Good night or good morning all

A better informed.
Robert Pool
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