The chief executive of Fyffes, Mr David McCann, denied he was "trying to rewrite Fyffes documents" to support its case.

Mr McCann agreed that, when Fyffes announced preliminary results to the market on December 14th, 1999, it did not refer to concerns about its trading performance in the early months of the financial year 2000 (which began in November, 1999).

The company had predicted "further" growth in 2000.

He also agreed that neither a statement by Fyffes chairman Mr Neil McCann dated January 31st, 2000 nor the Fyffes annual report for 1999, which were released to shareholders and the market in mid-February 2000, referred to any concerns about the company's trading performance but had instead predicted "further" growth in 2000.

Mr McCann said the company had made a judgment that it was too early to include such concerns.

He was also hopeful that if Fyffes was successful in two major court cases in early 2000 that they would meet their half-year targets.

Mr Feeney repeatedly pressed Mr McCann on whether the information in the December 14th statement and the chairman's statement of January 31st, 2000 was accurate.

Mr McCann replied on several occasions that the documents reflected the company's judgment at the time that it was too early to advise the market of their concerns.

Mr Feeney suggested that the documents reflected Fyffes' true position, which was that it did not have concerns at the relevant times that it would not meet budgeted targets for 2000.

He suggested that Fyffes was changing its position now because of subsequent events and to support its claim in the court case. Mr McCann said he had already answered the question.

Mr Feeney said documents indicated that it was not until March 2000 that Fyffes had considered the possibility there was information available which obliged a profit warning or even consideration of a profit warning.

Mr McCann said that iJanuary he had hoped two court cases could lead to Fyffes still meeting its half-year targets.

Mr Feeney said Fyffes was asked by the London Stock Exchange to list key events which led to the issuing of the profit warning of March 20th, 2000 and it had referred to information available on March 10th regarding performance in March and April 2000.

There was no reference to court cases, counsel said.

Counsel suggested Mr McCann was now advancing to the court "a contrived and manufactured view" regarding what Fyffes had taken into account when the company released its profit warning in March 2000.

Mr McCann agreed he was involved in investor relations activities in spring 2000 and had informed investors about Fyffes performance in accordance with the "future growth" statement of December 14th, 1999.

He agreed that he did some promotions in March. Mr McCann said investors who bought stock a week before the profit warning might feel annoyed.

However, he believed they would be more annoyed with themselves, because investors understood how things worked and that companies don't give out information prior to making it public.

The case continues today.