In paragraph 27 of his witness statement, Mr Suarez said this:
"Evra did not back off and Dirk Kuyt was approaching us to stand between us. At
this point I touched PE's left arm in a pinching type of movement. This all happened
very quickly. I was trying to defuse the situation and was trying to intimate to Evra
that he was not untouchable by reference to his question about the foul. Under no
circumstances was this action intended to be offensive and most certainly not
racially offensive. It was not in any way a reference to the colour of PE's skin."
(emphasis added)
246. Mr Greaney cross-examined Mr Suarez about this paragraph in Mr Suarez's witness
statement, just after showing Mr Suarez a clip of the goalmouth incident. The extract from
the transcript below omits the translation of the questions into Spanish, and Mr Suarez's
answers in Spanish. The answers given below are the interpreter's translation of Mr
Suarez's answers in Spanish.
"MR GREANEY: Mr Suarez, the first thing I would like to ask you, now that we have
seen those again, is: is it correct, as you say in paragraph 27 of your witness
statement, that you were trying to defuse or calm down the situation in the goal
mouth?
A. That's why I was explaining to him that it was a normal foul.
Q. Let me be as clear as I can. Was your aim, when you were in the goal mouth, and
speaking to Mr Evra, to calm down the situation? 63
A. I wasn't thinking about speaking to anyone. He was the one to come to me and
speak to me.
Q. What we want to know, or at least I do, is what was in your mind? Was it in your
mind to try to calm down the situation?
A. He was asking me, "Why did you kick me?" Those were football conversations,
and I replied, "This is a normal foul. What do you want me to do?"
Q. Do you see paragraph 27 of your statement? Does it read: "I was trying to defuse
or calm the situation"?
A. By the gesture I was doing with my hands, I could show that I was trying to
explain the situation, because these are conversations that you have in the field.
Q. Mr Suarez, I have to suggest to you that my question is really a very simple one.
In the goal mouth, and in particular as you pinched the skin of Mr Evra, do you say
you were trying to calm the situation?
A. Not after the pinch, because he was saying that he was going to hit me.
Q. I'll just make one more attempt, and then we will move on. In your statement,
over which we have understood you took some care, you have said of the pinching:
"I was trying to defuse the situation." All I wish to know is whether that is true or
not.
A. I was not trying to calm down the situation, but trying to explain to Evra why I
was doing this foul, and when - then he replied, "I'm going to hit you", and I was
trying to show him that he was not untouchable, not in the foul and not by the
gesture that I did with the - by the pinch I was doing to his arm, that he wasn't
untouchable.