Mr Suarez's claim that the pinching was an attempt to defuse the situation 245.
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?
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 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.
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.