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."
247. Having said in his witness statement that he was trying to defuse the situation when he
touched Mr Evra's left arm in a "pinching type movement", Mr Suarez eventually
answered, after persistent questioning, that he was not trying to calm down the situation
by doing so.
248. It was plain to us that Mr Suarez's pinching of Mr Evra's arm was not an attempt to defuse
the situation. It could not conceivably be described in that way. In our judgment, the
pinching was calculated to have the opposite effect, namely to aggravate Mr Evra and to
inflame the situation. We infer that this was Mr Suarez's intention. Mr Suarez's face
reveals hostility towards Mr Evra, the pinching is preceded by Mr Suarez looking Mr Evra 64
up and down, and Mr Suarez steps away having pinched Mr Evra as Mr Kuyt steps in to
face up to Mr Evra.
249. What concerned us also was that Mr Suarez should have made what we considered to be
such an unarguable assertion in his witness statement, ie that the pinching was an attempt
to defuse the situation when it plainly was not.
250. The Commission asked Mr McCormick whether he accepted that the pinching could not
reasonably be construed as an attempt to defuse the situation. He did. The Commission
then asked Mr McCormick what, if anything, we were to infer from the fact that the
assertion was made in Mr Suarez's signed statement in the first place, there being no basis
whatsoever for it. Mr McCormick submitted that it was down to bad drafting. Mr Suarez
was intending to say that his response to Mr Evra's question "Why did you kick me?" was
an attempt to defuse the situation in that Mr Suarez put out his hands as people do when
they say "Look, there's no problem. There's nothing to get excited about".
251. We did not accept that that was a satisfactory explanation for Mr Suarez's plainly incorrect
assertion that the pinching was an attempt to defuse the situation. Mr McCormick had
already explained to us the care that was taken over the preparation of Mr Suarez's
witness statement. An English draft was prepared based on detailed notes of instructions
which had been given by Mr Suarez. That draft was translated into Spanish. There was a
further meeting with Mr Suarez with the two drafts, in English and Spanish in front of
him, and the interpreter present. The witness statement was then finalised and signed.
252. This was one example of where Mr Suarez's witness statement was demonstrated to be
inconsistent with the facts as shown in the video footage. No satisfactory explanation was
given for this inconsistency.