take[n] from the SS logo and you need to disassociate yourself at least from the image …”. Mr Folley also suggested considering if the band had used anything similar and that it might be worth getting advice from the Leader of the Opposition press office. Mr Folley continued at 1502 hours that the Dream Troll image “could well be innocent” and suggested Mr Burgon contact the band. The contact details of a member of the press office were forwarded to the WhatsApp group. 37. It appears that on Friday 14 April 2017 Mr Burgon was in Leeds but he could not recall what he was doing at any particular time. At some stage Mr Fraser telephoned Mr Burgon. Mr Burgon said he was shocked when he saw the use of the words “Nazi iconography” in the question raised by Mr Newton Dunn but when he saw the forwarded Dream Troll image he said he recognised it to be an obvious parody of the Black Sabbath album cover. Mr Burgon was asked about Mr Folley’s responses and it was apparent that he did not share Mr Folley’s assessment apart from the fact that if the media suggested that the “S”’s were Nazi symbols the public might agree. 38. As appears above Mr Burgon also gave evidence which was not challenged and which I accept that he did not see the image at any time before he was contacted about the image by Mr Newton Dunn on Friday 14 April 2017. Mr Burgon said that when he had seen the Black Sabbath album cover in the past it had never occurred to him that the iconography used on the front would be a reference to Nazi Germany or have anything to do with Nazism. I accept that evidence because it was apparent that Mr Burgon had a strong interest in heavy metal and saw only what Mr Baldwinson had attempted to do with the Dream Troll image, namely to make an image with a link to the Black Sabbath album cover. Mr Burgon was challenged about various hypothetical situations and it was said he was being evasive in his answers. I did not find the hypothetical situations to be particularly helpful because they did not assist in determining the relevant contested factual issues and in my judgment Mr Burgon was doing his best to assist the Court. 39. Mr Burgon posted a message at 1558 hours to the WhatsApp group stating “It’s a rip off of a famous Black Sabbath album cover …”. Mr Burgon then posted a message at 1559 hours saying he had known the band since he was 17 and there was nothing remotely dodgy or right wing about them. Various other messages were exchanged and attempts were made to contact a press officer. At 1616 hours Mr Burgon posted a message that he had spoken to a press officer who was “going to get back to me in a minute. He thinks it’s stupid”. The press officer suggested that Mr Newton Dunn be emailed and asked whether it was about a Black Sabbath album cover, and be sent a post of the album cover, to see what was said. 40. In the meantime a shorter version of the story was added to the list line by Mr Newton Dunn at 1522 hours. At 1559 hours Mr Newton Dunn emailed Ms Street again saying “I’ve heard nothing from richard burgon’s people about the below, have you yet?”. The next email was at 1608 hours from Mr Newton Dunn containing his first draft of the story. This story contained a comment by Charlie Elphicke MP, the Conservative MP for Dover. Mr Newton Dunn said that to include some political comment he telephoned Mr Elphicke at sometime around 4 pm to 5 pm, but the call must have been made before 1608 hours. Mr Newton Dunn said he thought Mr Elphicke would be willing to provide a comment and he was right.