Counsel for Mr De Rossa accused the Sunday Independent legal team of conducting a "trial by ambush" after the plaintiff was repeatedly asked about a pamphlet on the IRA. The jury was told that the newspaper would say it was highly probable that the signature on the so-called Moscow letter was that of Mr De Rossa and that it was obtained by deception.
Mr Michael McDowell SC, counsel for the Sunday Independent, asked Mr De Rossa about a Repsol pamphlet of the 1970s entitled The IRA Speaks which said on the back: "Call or write to 30 Gardiner Place".
Mr De Rossa said he had never seen the pamphlet. Asked whether he had seen a photocopy of it in the discovery of documents the DL leader replied: "As I have said I do not recall seeing it, no."
When Mr McDowell continued his questioning about the document, Mr Sean Ryan SC, for Mr De Rossa, objected. "He said he has not seen it before. This is trial by ambush. What is this?" he asked.
Mr McDowell said he was suggesting that the document was published by Mr De Rossa's party at a time when he was a member of it. It was published by Repsol Ltd. in the 1970s, before the ceasefire. It dealt with the IRA and he wanted to know if this came as a surprise to the plaintiff. Mr De Rossa said he had no recollection of seeing the document and did not see any reference to Official Sinn Fein on the cover.
Mr McDowell said that on the back page it said "call or write to 30 Gardiner Place". He added: "Where could that be except the Workers' Party premises?" Mr De Rossa said there was no date on the pamphlet, there was no reference to Sinn Fein and there was nothing more he could say.
Earlier, Mr McDowell asked him about a newspaper report in November 1992 about allegations by the then TD, Mr Pat McCartan, that senior figures in the WP tried to recruit people to the IRA in 1991.
Mr De Rossa said he became aware of the report and he spoke to Mr McCartan who assured him it was inaccurate. He had left it at that. He had left the WP nine months earlier.
Pressed on this point Mr De Rossa said he was satisfied from his own knowledge that there was no substance to the story.
The DL leader said that the former WP general secretary, Mr Sean Garland, had been shot in the 1970s. Asked whether this was as a result of a feud between the IRSP/INLA and Sinn Fein Workers' Party/ Official IRA, Mr De Rossa said there was no feud between Official SF and anyone else.
Asked whether Mr Seamus Costello had resigned from Official SF to form the IRSP, Mr De Rossa said it was reported that the IRSP had an armed wing allegedly called the INLA but he did not know if that was the case.
Referring to the signatures on the Moscow letter Mr McDowell said the newspaper would call a handwriting expert who would say there was a high degree of probability that Mr De Rossa's signature was genuine.
"I am putting to you that it was written in your hand and by you and was obtained by deception," said counsel.
Mr De Rossa replied that Mr McDowell was entitled to put that forward but he was convinced he had not signed it.
He said he had made it clear at all times that the letter was not signed by him, the letter was not authorised by the party and the issues in the letter were never discussed in the party. "As far as I was concerned the letter was a forgery".
Mr McDowell said the newspaper accepted fully that he had not signed the letter knowing what was in it.