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It was a journalists question, the lawyers ones would be more challenging, if it got that far, because of the recent finding that the top brass knew that some hacking had taken place. The Paper didnt seem to put up much of a defence suggesting they didnt want to be in court. It seems to be more about the claimants wanting a finding.
It would be a strange question to ask a witness and not one that a judge would allow, even if the defence lawyer was asleep and forget to "raise a point of law". Of course if they were the accused, there is no problem with asserting that they did.