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Miller & Power v Turner
(Tuesday, 03 October 2023)
(10.29 a.m.)
MRS JUSTICE COLLINS RICE: Good
morning, everyone.
MR WALKER: May it please my Lady,
introductions first. I appear with my junior,
Ms Grossman, for the claimants, Mr Miller
and Ms Power in this matter. The defendant,
Mr Turner, is represented by Ms Evans of
King's Counsel and Mr Scherbel-Ball. There
are some issues of housekeeping, I think.
The differences as to law may be apparent
from the skeleton arguments that you will see
from our opening and you will note that we
propose that they can be dealt with at a later
date, subject to how the court wants to deal
with that.
MRS JUSTICE COLLINS RICE: Mmhmm.
MR WALKER: I understand there is an
application to amend trial bundles by the
defendant. Should you wish to hear more at
that stage, I am sure my learned friend will
assist. Other than that, it is for the parties to
open the cases. And just to remind the court,
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MRS JUSTICE COLLINS RICE: Yes.
MR WALKER: The issues for determination
are in the list of issues. That is at volume 1,
tab 35. My Lady, I do not intend to simply
regurgitate the matters that are set out within
the claimants' skeleton argument, which has
already been served on the court and I hope
that this skeleton argument sets out the law
satisfactorily. If, as I have said, there are any
legal issues that arise the court will know
from the suggestion in our skeleton
argument, that we will deal with them at a
later date. And it will be Ms Grossman who
will be responding on behalf of the claimants
for any such issues that arise.
Turning to the matters in issue, my Lady,
Albert Einstein, is quoted as saying, "If you
cannot explain something simply, you just do
not understand it well enough", and, my
Lady, I will be deliberately brief in opening
as this case is, I submit, simple. Brevity is, I
submit, an uncommon theme in this litigation
which has been characterised by verbosity,
pomposity and unnecessary complexity. And
I do not intend to address at this stage every
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3 October 2023
Page 3
I know the court will have it well in mind, we
have a transcriber who may need a break.
MRS JUSTICE COLLINS RICE: Yes, I
understand.
MR WALKER: I do not know what my
Lady was intending in terms of timings?
MRS JUSTICE COLLINS RICE: Well, I
think my clerk and the transcriber have
spoken. I am obviously a bit reluctant to
interrupt cross-examination. That is the
issue, but perhaps we will see how we go. If
time runs on, we will have to interrupt it, but,
yes, that is the plan.
MR WALKER: My Lady, this trial concerns
a claim in libel and a counterclaim in
harassment.
MRS JUSTICE COLLINS RICE: Yes.
MR WALKER: And the nature of the case is
outlined in the agreed case summary and
mutual chronology and that is at volume 1,
tab 36 and tab 37 -MRS JUSTICE COLLINS RICE: Yes.
MR WALKER: -- which contain the
sequence of social media posts sued upon by
the claimant and by the defendant.
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issue which is before the court or every fact
that will be raised. This is a case about a
series of tweets on Twitter and a webpage
sued on in libel and a series of social media
posts sued on in a counterclaim in
harassment.
The claim concerns a Twitter spat and it is
brought in respect of a series of social media
posts published by the defendant, as follows:
volume 1, tab 1, allegations that Mr Miller
made death threats and that is at chase level
one, in other words, guilt as your Ladyship
will recall from the trial of preliminary issues
judgment. It is that Mr Miller made death
threats and was under police investigation for
them. That is volume 1, tab 1, page 1, both
the tweets on that page and turning over to
page 2.
Moving on, allegations of harassment by Mr
Miller that led to death threats. The reference
is page 3 and of harassment and antisemitic
propaganda. That is on the same page, 3.
Allegations that Mr Miller made death
threats and was under police investigation for
them, page 4. On the same page, the
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Miller & Power v Turner
allegation that he published a blog towards
Hitlerian Disability Politics, which called for
the killing of disabled people.
Page 5, allegations of harassment and violent
threats and complicity in those matters by the
second claimant. Page 6, again, allegations
of harassment and violent threats. Page 7,
antisemitic harassment, and complicity in it.
Violent harassment and complicity in it.
Page 8, again, harassment, now both violent
and antisemitic. Page 8 again, Ms Power is
antisemitic in appearing at a conference.
Page 9, antisemitic campaign. Not specified
as harassment, but in the trial of preliminary
issues, found as a campaign. Page 10, a
content warning which, we say, speaks for
itself.
My Lady, put shortly, the claimants' case is
that there were no death threats. That, we
submit, can be judged on the face of the
tweets themselves and that the defendant
complains as being death threats.
The most useful material for the court in
determining that issue, we submit, will be the
tweets themselves, which can be most easily
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8, page 155. This tweet is sent after Mr
Turner posts a tweet describing an art gallery
as an Alt-Nazi gallery or Nazi space. Its
central message is, we submit, "Don't bother
engaging with Luke Turner." It is a personal
comment and at this point we must remember
that this is Twitter. It is not a platform where
debate is always courteous or sophisticated.
This personal comment was not even made
by the first claimant.
Secondly, page 161. This is the first
claimant commenting on that very slanging
match that the defendant was engaged in,
against a young female artist named Deanna
Havas. Page 166, this is not a threat. It is an
overblown way of saying to the defendant,
"You are effectively a keyboard warrior who
can dish it out from behind a computer
screen but, you cannot take it." Page 169,
this is a re-tweet where the Nike logo has
been deliberately cropped out by Mr Turner.
It is a comment on capitalism and the
vacuousness of advertising. It does not
mention Mr Turner. It does not tag him. It
does not reply to him, and we say, that is a
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3 October 2023
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found in annex 2 to the defence and
counterclaim. That is volume 1, tab 8, pages
160, 162 and 210.
The statement given by the defendant to a
police officer in which he complains of the
conduct, that is volume 2, tab 48, page 1529.
The crime report information systems log
known as a CRIS report, which can be found
at volume 1, tab 39.
The claimants are plainly, we submit, not
antisemites and the material attributed to
them cannot found that accusation. Lastly,
there was no harassment. This was
effectively a slanging match that the
defendant participated in willingly and
knowingly.
That brings me to the counterclaim, my
Lady. This also concerns publications on
Twitter, with some publications on
Facebook, YouTube and, in the case of the
second claimant, her appearance at a round
table. And we could look at some of that
material. I do not suggest turning it up.
Firstly, the claimant liked a tweet from an
account called, ParallaxOptics, volume 1, tab
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thing. Page 178, this is the second claimant
saying that Luke Turner should be arrested
on charges of gross contemptibleness. It is a
silly comment. It might not be something
someone wants to read about themselves, but
that is the height of it. Page 190. Again, this
does not tag Mr Turner, doesn't reply to him.
By the time the comment is made the
defendant has repeatedly made accusations
on Twitter about the first claimant, Deanna
Havas, Daniel Keller, an art festival, an art
publisher as well as others. It is a comment
on his own activity in the public space.
Seven. Mr Turner further claims that the
second claimant harassed him by appearing
at round table and not condemning another
participant. We say that speaks for itself.
My Lady, a principal difference between the
parties' respective cases is, we submit, that
the claimants case succeeds upon the
documentary evidence itself that they rely
upon. In contrast, we submit that the
defendant's case is at least, in part dependent
on either his accuracy and/or his honesty.
In the libel case, the issues of liability the
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Miller & Power v Turner
court has to determine are serious harm and
the defences. We say that as far as the
claimants are concerned, their case succeeds
on the material presented and on the
reasonable inferences and inherent
probabilities arising from that relevant
material. As far as the defendant is
concerned, his subjective view does not
affect the issues of serious harm. Nor even
in terms of the defences, the issues of truth
and honest opinion and whether the
publications concerned on, matters of public
interest or an occasion of qualified privilege.
It is part, but only part, of whether he had a
reasonable belief in the public interest. And
it features in the rebuttal to the occasion of
qualified privilege, if found.
The defendant's subjective view will need to
be critically assessed. The primary purpose
is to distinguish between that subjective view
and what may be objectively ascertained. It
is the latter, we suggest, not the former which
is important.
On the harassment counterclaim, so far as
establishing liability goes, this is an objective
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their exercise of freedom of speech, but that
is only one part.
I began, my Lady, by describing this case as
being characterised by unnecessary
complexity. Regrettably, much of that has
arisen through how the defendant puts his
defence, not just in the pleadings provided,
but in his 145-page witness statement. The
defendant relies extensively on evidence he
contends is illustrative of fascism. My Lady,
this case is not about fascism. Fascism is
simply not an allegation sued upon, nor is it
an allegation that is defended. It is, we
submit, the manner by which the defendant
seeks to complicate the issues in this case in
order to extrapolate meaning or thought
process where no reasonable meaning exists.
The defendant contends that the statement on
a matter of public interest was the presence
and exposure of far right and antisemitic
ideologies and the harassment of the antifascists who try to expose them. We submit
this is, as is his way, an overcomplication by
the defendant and is a mechanism designed
to obfuscate, to divert from the real issues,
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3 October 2023
Page 11
test in terms of the threshold issues for the
defendant to prove: one, whether there was a
course of conduct. Two: whether the
conduct crossed over from what was
regrettably, perhaps, discourteous to what
was oppressive and of sufficient gravity as to
meet a threshold of criminal liability.
Alarming distress is guidance as to one
element of the tort. It is not sufficient.
Again, we say so far as the claimants are
concerned, their defence succeeds on their
statements, on the documentary evidence and
on the reasonable inferences and inherent
probabilities arising from the relevant
material.
So far as the defendant is concerned, any
subjective experience he had of alarm or
distress, we submit, is of limited importance.
This does not prove that the threshold of
oppressive criminal conduct was met. Again,
that subjective view will need to be critically
assessed to distinguish between that view and
what may be objectively ascertained. So far
as the defence goes, the court will of course
be interested in the claimants' motivations in
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which are in short, were death threats made;
were exchanges antisemitic; was the
defendant subject to harassment or did he
willingly partake and elongate the
unattractive argument in the metaphorical
playground that Twitter can represent.
As to reasonable belief, the defendant's
reading, we submit, this is the mark. Case
law emphasises that reasonable checks and
enquiries must be made. On the defendant's
own case there are mistakes and there is
tardiness. For example, the defendant
attributes an article entitled "Towards a
Hitlerian Disability Politics", which was said
to have encouraged the killing of disabled
people as having been written by Mr Miller.
The defendant, on reflection, concedes this is
incorrect and is unable to provide the source
material in any event. That is but one
example. The defendant also relies on
contentions about the occult, about the
significance and meaning of cartoon frogs,
about wolf imagery, even about a book by
Chuck Palahniuk - apologies to Mr
Palahniuk, if I have mispronounced his name
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Miller & Power v Turner
- purely because Mr Miller sent a link to Ms
Power about the alleged political beliefs and
philosophy of individuals who are not in this
case and feature only peripherally: Nick
Land, Jack Stokoe, Justin Murphy.
Similarly, the defendant has gone into much
detail about his alleged experiences around
his art project and the consequences of that
art. We submit the court should not entertain
a diversion of the issues onto matters that are
not sued upon.
My Lady, we submit that the matters in this
case are clear, and the documentary evidence
provided supports the case for the claimants
such that, the court should find for them and
against the defendant. Thank you.
MRS JUSTICE COLLINS RICE: That is a
very helpful overview, thank you. Did I
understand you correctly to say, you will not
be leading any evidence on the question of
serious harm, you are relying on a wholly
inferential case? Is that correct?
MR WALKER: No, there will be crossexamination on serious harm and
examination on serious harm.
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249 and they go through to 435. The others
are just some transcripts of videos, otherwise,
there is not a transcription of them, which we
intend to go to at some point in the crossexaminations. If I show you visually it is
about that much. So, it is not very much.
MRS JUSTICE COLLINS RICE: Yes, well,
I am, of course, at this stage in the trial, not
particularly clear about their relevance and
the use you are going to make of them. So, I
suggest we get on with it, but of course, if we
get to points where there are issues which
arise about the fairness or otherwise of what
you want to take me to, well, then I will
listen to that as well.
MS EVANS: Yes, of course. My Lady,
thank you. I too will be brief in my opening
remarks. I know that you have read
obviously, the skeleton arguments and I am
sure many of the other documents, obviously,
particularly the statements of case and the
witness statements. So, I do not intend to
rehearse here what has already been said in
the skeleton arguments. And you will of
course, also get, no doubt, full closing
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3 October 2023
Page 15
MRS JUSTICE COLLINS RICE: Thank
you for clarifying that. I only ask because, as
you will know, the courts have been quite
preoccupied with the test to be met on
serious harm and how inferential cases have
to be put forward -MR WALKER: Yes.
MRS JUSTICE COLLINS RICE: -including in Mr Justice Nicklin's judgment in
Amersi this summer. So, I shall be paying
close attention to that part of your case.
MR WALKER: We are very grateful for that
observation. Thank you, my Lady.
MS EVANS: Good morning, my Lady.
MRS JUSTICE COLLINS RICE: Good
morning.
MS EVANS: Can I just deal with the
housekeeping matter that my learned friend
mentioned. His description of the issue was
a bit dramatic. It is just that there are a
couple more documents at the back that we
would like to insert. I think that they have
been if not put into your Lady's bundle at
volume 9, they are available. One is an
update of correspondence. They start at tab
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submissions, which in some ways are much
more important of course because that is
when we apply what has come out at trial to
the law, or the other way round. So, I am not
going to say anything about the law now.
We very much also have in mind the serious
harm threshold and that is something we will
deal with in the closing.
My Lady, what I will say now, briefly, is
really therefore, for the benefit of the nonlawyers in court so, that they can understand
what this case is about. My client, Luke
Turner is as you know an artist and he is
Jewish. In early 2017 after the election of
President Trump, Mr Turner and his fellow
artists who formed a trio called, LaBeouf,
Rönkkö & Turner, created a durational art
installation called, "He Will Not Divide US".
It was intended to send a fightback message
against polarisation and division in society
and was a reaction to the election of
President Trump. After the work was
installed at a museum in New York in
January 2017, the artwork which consisted of
a fixed camera on the wall that filmed
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Miller & Power v Turner
members of the public, saying, "He Will Not
Divide US", the artwork began to be the
subject of attacks, both physically and via the
online and media world, as is unfortunately a
truism of the world that we live in. And
those attacks were by proponents of what had
become known in the United States at that
point, as alt-right sympathisers. One can call
them extremists, from the right-wing of
politics. Neo-Nazis they are sometimes
described as and other like terms. The
attacks included appalling racist and
antisemitic abuse. And such was the ferocity
of them that the artwork itself had to be
altered and it then had to be moved from
museum to museum, each time being
attacked, looking for an alt-right free space.
Eventually it ended up in Europe. On the
way it was subject to arson and the members
of the trio and especially Mr Turner were
relentlessly attacked by these alt-right types
and much of the abuse continued to be
antisemitic.
Most of the attacks on Mr Turner were
online, particularly on Twitter and other
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continued for well over a year. In fact, Mr
Turner regards it as ongoing. One reason for
this is that these libel claims which the
claimants brought in late 2020, or 2019 - it
has been going on for so long, I cannot quite
remember, but 2019 - that the libel claims
were to Mr Turner a continuation of the
online harassment that they had targeted at
him. The libel claims accuse him of falsely
defaming them, principally for stating
publicly on his Twitter feed on 16 occasions
that they had been involved in a harassment
campaign and in four of those tweets it is
described as being of an antisemitic nature.
The tweets also said, well, many of them,
that the police had been investigating the
campaign and that it had included death
threats and threats of violence by Mr Miller.
Mr Turner will show in this trial that those
allegations were true or the subject of honest
opinion or the subject of other public interest
offences, section 4 and the reply to attack,
your Ladyship having already ruled that
antisemitism and the other epithets which are
sued on are statements of opinion. Mr
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3 October 2023
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social media, but they also extended to an
attempt on his life in Finland, and in the
Spring and Summer of 2017, masked
individuals turning up outside his flat in
London, on occasions, posting swastikas
though his letter box and putting disturbing
instructions consisting of video online,
showing how to enter his flat from the
outside.
Mr Turner was understandably terrified by
these attacks and the police, who he called,
were unable, ultimately to stop them, but
ever since that period, Mr Turner has been
the subject of vile abuse, especially of an
antisemitic nature and especially online, but
not only. One of the worst forms of it,
emanating this time from persons based in
this country, has been a campaign of
harassment, perpetrated by the claimants,
Daniel Miller and Nina Power which Mr
Turner believes is antisemitic and which an
honest person, we will say, would also, so
believe, based on the facts which this court
will hear about.
That campaign began in July of 2018 and
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Turner is counterclaiming against Mr Miller
and Ms Power for the harassment that he has
suffered at their hands and the acute distress
and anguish that they have put him through
and he will, accordingly, partly be a
defendant and partly a claimant in these
proceedings at this trial.
And so, my Lady, unless there is anything
that you would wish me to address, those are
my opening remarks,
MRS JUSTICE COLLINS RICE: It was
very helpful. Thank you very much. I can
see there are some people standing at the
back. Perhaps room can be found for them to
sit down.
MS EVANS: One person who is standing
needs to stand because he cannot sit.
MRS JUSTICE COLLINS RICE: I
understand.
MR WALKER: My Lady, I am sorry to ask,
but a matter has arisen which I need to take
some instructions on, and I would just ask at
this stage whether I could have a 10-minute
break just to speak to my lay client.
MRS JUSTICE COLLINS RICE: Well, if
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Miller & Power v Turner
that is necessary, 10 minutes.
MR WALKER: Thank you.
(10.56)
(A short adjournment)
(11.06)
MR WALKER: I am extremely grateful for
the time and I hope it will assist the court
ultimately. I call Daniel Miller.
DANIEL MILLER, sworn
Examination-in-chief by MR WALKER
Q. Mr Miller, you can see an array of folders
over there, which are the bundle volumes. It
is slightly artificial that I am asking the
questions but your answers are to be directed
to her Ladyship. Can I ask you first of all - it
should be the top bundle, number one, tab 29.
I am not asking you to read it but that is your
witness statement, and at the back, page 42
there is a statement of truth. Do you
remember signing that?
A. Yes.
Q. Can I ask you now to go to tab 14, page
290? Do you have it?
A. Yes.
Q. It is item 6 on the left-hand corner. I will
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and I apologise.
Q. You have heard, Mr Miller, my Lady
speak about serious harm.
MS EVANS: I am sorry, I do not think we
have had an application for the witness to
give evidence-in-chief on this issue. The
witness statement on serious harm such as it
is is his witness statement. We do object if
this is an attempt, particularly without a form
of new witness statement, to lead new
evidence on this.
MRS JUSTICE COLLINS RICE: Well,
perhaps we can look at the evidence that he
has already given on it.
MR WALKER: I am so sorry, my Lady?
MRS JUSTICE COLLINS RICE: I said
perhaps we can start with the evidence he has
already given on this.
MR WALKER: Yes. May I turn my back,
please?
MRS JUSTICE COLLINS RICE: Yes.
MR WALKER: (After a pause) I am so
sorry. I am trying to find the reference, my
Lady and as the court will be aware, there are
quite a number of documents that I am trying
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3 October 2023
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just read an aspect to you. "Item 6 is a reply
by unknown third-party, DC Groyper". Can
you read that?
A. Yes.
Q. Can I ask you to go to tab 13, so just go
back from 290 to 287?
A. Yes.
Q. 287 and you can see that is your
signature. Yes?
A. Yes.
Q. That aspect of item 6 which I read to you
at 290, is that correct?
A. No, it's not correct.
Q. Is it true?
A. It's not true.
Q. Why did you sign something which you
knew not to be true?
A. (no reply)
Q. There is no rush, Mr Miller.
A. I was dealing with the material very
quickly and I was flustered by it. I also
understood that it was not unknown - it was
in fact Nina's account. I didn't want to drag
the issue into it, which I didn't think was
relevant. I regret that decision that I made
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to deal with, with assistance. I am sorry for
the pause. (To the witness) Paragraph 109
of your witness statement, Mr Miller, which
is tab 29.
MRS JUSTICE COLLINS RICE: Did you
say 109?
MR WALKER: 109, yes. (To the witness)
You refer to the publication, Mr Miller, of a
webpage, and it is the second sentence: "The
tweet included a link to his defamatory
webpage, which had been updated in the
meantime to include my responses to his 14
February claim."
MR WALKER: My Lady, I intend to ask
questions. If there is an objection to that,
then I stand corrected, but if it is of
assistance to the court and I can ask the
questions, that is my application to do so.
MRS JUSTICE COLLINS RICE: Well,
what is the question?
MR WALKER: The question is, "How did
the publication of that defamatory website
affect you?"
THE WITNESS: For a long time this
website was ...
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MR WALKER: Can I just ask you to pause
A. I am sorry.
Q. Because out of courtesy to my learned
friend MS EVANS: I am not going to object but I
am assuming it is going to be one question.
MRS JUSTICE COLLINS RICE: Well, let
us hear the answer to this question.
MR WALKER: To the witness) Can you
help us? The defamatory page that you refer
to, can you explain to us how this affected
you?
A. For a long time this webpage was the first
hit that would appear when anybody
searched for my name. The defendant was
concerned to circulate it as widely as
possible. The webpage presents me in the
worst possible light. It takes statements
made by me out of context. It manipulates
evidence and would present me in a certain
way. It presents a very ugly picture of who I
am and what I believe. This fact alone was
extremely distressing to me. it was used also
by others in order to warn people from
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Cross-examination by MS EVANS
Q. Mr Miller, could you please take up
bundle 1? I think you have probably still got
it open. Could you please turn to tab 5,
which is your particulars of claim as it
currently stands. It is called the "Reamended Particulars of Claim". Could you
please go to page 75? Now, page 75 shows
parts of what was your previous claim in
harassment that you withdrew. That is why it
is struck through. The paragraph I want to
look at is 14.2.1, but we have put the original
version in so you can see it better and that is
the next tab at page 80M. Do you have that?
A. Page 80?
Q. 80M, paragraph 14.2.1. What I want to
ask you about is the first sentence which says
this MRS JUSTICE COLLINS RICE: I am sorry
but I do not have that reference.
MS EVANS: I am sorry.
MRS JUSTICE COLLINS RICE: And the
witness may not but we can read through the
scored out MS EVANS: You can read through it. It has
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3 October 2023
Page 27
sharing my work as proof that I was
somehow a person that could not be given
any kind of fair reading whatsoever. It was
extremely disturbing. It was like having a
wanted poster put up with my name on it.
The webpage is intended to present me as a
racist, as a fascist, as an antisemite.
I completely reject all of these positions. To
have a webpage which is claiming that I
believe things that are directly the opposite of
what I actually believe in, in fact have
repeatedly and exclusively clarified that I
reject was deranging, actually as well. The
webpage was circulated amongst so-called
antifascist activists who believe that it is
appropriate to use physical violence against
people they call fascists. I myself was
targeted for physical violence including by
people who are in contact with the defendant.
The webpage has somehow therefore stood
as a kind of malediction against me and it has
been a horrible experience.
Q. Thank you, Mr Miller. I do not have any
other questions to ask of you, but I defer to
my learned friend.
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not changed.
MRS JUSTICE COLLINS RICE: So, it's
14.2.1?
MS EVANS: 14.2.1.
MRS JUSTICE COLLINS RICE: But I
think I only have the crossed out version.
Perhaps the witness has as well.
MS EVANS: We will supply you with the
proper one.
MRS JUSTICE COLLINS RICE: Thank
you.
MS EVANS: (To the witness) The sentence
I want to ask you about is the first one that
says: "The Defendant, having posted the
First Claimant's old Twitter post amongst
very clear antisemitic posts published by
"Parallax Optics", a Twitter account which is
known for espousing and disseminating
abhorrent antisemitic views" - do you see
that?
A. Yes.
Q. Now, if you turn - I think you can do this
but my Lady cannot do this, but we will try
it. At the back of the new tab, 5A at page
80X -
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Miller & Power v Turner
A. I am sorry. I am not sure what you are
referring to.
Q. Do you have tab 5A?
A. I don't have tab 5A. I have only tab 5.
Q. Okay. Can I pass this clean page up so
you can see it? If that can be passed to the
witness, and that can be passed to the witness
- all I am asking you to look at here is the
statement of truth which was signed on that
original plea by you. So, if you go to 80S - I
hope you have that?
A. Okay.
Q. And that is your signature on that page, is
it?
A. Yes.
Q. With a statement of truth?
A. (no reply)
Q. Can we now look at some examples of
the abhorrent - the antisemitic messages by
Parallax Optics? You will need to go to
bundle 3.
A. I am sorry, where?
Q. Bundle 3, tab 51, page 1778.
A. I am sorry, can you repeat that, please?
Q. Tab 51.
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Q. Do you see that?
A. Yes.
Q. Do you agree that is antisemitic, what
ParallaxOpticssaid there?
A. Yes.
Q. It suggests Jewish people are not human.
A. Yes.
Q. It's abhorrent.
A. I agree.
Q. And what about the image below with the
crocodile coming out of an egg? Do you
recognise that as an antisemitic trait or
symbol?
A. It's a very obnoxious statement. I think
that it is obviously an antisemitic statement.
Q. Thank you. Could you go on to page
1815, the same tab? Do you have that, on the
left-hand side?
A. Yes.
Q. 29 August 2018.
A. Mm hmm.
Q. Another tweet by Parallax Optics. It just
says: "Does the Holocaust even real". Do
you see that?
A. Mm hmm.
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3 October 2023
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A. Mm hmm.
Q. Page 1778 in the bottom right. Do you
see that?
A. I see 1778.
Q. Yes, the bottom right number.
A. I see 1788. Yes.
Q. And at the top you will see it gives a date
for this Twitter thread, 24 July 2018.
A. Mm hmm.
Q. And there is a conversation here which
starts with someone called Nathan Cofness.
A. Mm hmm.
Q. It says, "Under certain conditions people
will identify with and favor their group,
including their ethnic group. That doesn't
mean people tend to act in their ethnic
interests, Dutton claims. (There's a section
based of the paper on why I say this." Then
he says: "See the examples of Jewish
behaviour that clearly undermine Jewish
ethnic interests." And the apparent
ParallaxOpticsreplies: "And the
classification of Jews as "people" is also
obviously highly questionable."
A. Mm.
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Q. Do you agree that is an antisemitic
message?
A. Yes.
Q. What does it mean?
A. It questions whether the Holocaust is real,
is how I understand it.
Q. And would you say that that was
abhorrent?
A. I totally agree that ParallaxOpticshas
made many obnoxious and abhorrent
statements.
Q. Do you agree that that is an abhorrently
antisemitic statement?
A. I find it personally very irritating.
Q. Do you agree it is abhorrently
antisemitic?
A. I agree that it is antisemitic, yes.
Q. We have your answer, thank you. Can
you go forward to 1970? It is the right-hand
facing page. This is 1 December 2018 and
you will see that again there is a short
conversation by an account called
Outsideness -A. Mm hmm.
Q. - who says that somebody says that
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Miller & Power v Turner
Israelis are from Mars and American Jews
are from Venus, and then we have
ParallaxOpticsreplying, "# Jews" and then
again some sort of reptile coming out of an
egg, which you have already agreed is
antisemitic.
A. Yes.
Q. Can you go on please in the same tab to
2186?
A. Mm hmm.
Q. It should say 21 April 2019 at the top,
and this time the conversation has to be read
in reverse, so it begins with someone called
Joe Marney tweeting, "And some people call
animals "vermin". There's only one species
on this planet that that word can really apply
to", and ParallaxOpticsreplies, "Jews?"
A. Mm.
Q. Is that abhorrently semitic on the part of
Parallax Optics?
A. It is abhorrently antisemitic, yes.
Q. Antisemitic. Could you go to page 3393?
You will probably find that bundle is very
full, so it may be that we have to - sorry, it is
tab 52, this one, not 51. 3393. This one
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is not a supporter of Labour as far as I know.
Q. Thank you.
A. So, I don't think that he was in fact
himself making any real claim about
Labour's defeat actually.
Q. Would you please go to page 2571 of the
same tab? This is dated 24 January 2021 at
the top. Now, I make clear that this is
obviously A. I am sorry.
Q. Sorry, do you have it? 2571?
A. Yes.
Q. Now, this is outside the period of time
that this case is largely concerned with but it
is illustrative of the same point that I have
been making and suggest, so you read from
the top with this one. It takes a bit of
unpacking. Somebody called Ben says:
"The Jews have resorted to the crypto tactic
of defining Jewish representation in terms of
religion but Unz hilariously turns this around
to prove the original numbers correct." They
are talking about positive action, by the look
of it, and numbers of students in American
universities. "The same chap, Cofness, says,
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3 October 2023
Page 35
should be 13 December 2019 at the top.
A. Mm hmm.
Q. Another tweet by Parallax Optics. He
poses the rhetorical question, perhaps:
"There's only one thing that can explain
Labour's defeat" - this is obviously after the
last general election - and he answers it
himself, "The Jews."
A. Mm.
Q. Do you agree that that is abhorrently
antisemitic?
A. I think this statement refers to claims
being made by some of the supporters of
Jeremy Corbyn that there was a kind of
Jewish conspiracy against him.
Q. Do you agree it is antisemitic in the way
that ParallaxOpticsposes the question and
answers it?
A. I think the hypothesis that this is the
reason for Labour's defeat is obviously an
antisemitic hypothesis. I think
ParallaxOpticsis referring to that hypothesis.
That's an hypothesis that he didn't invent,
but existed within the context of Labour
Party internal politics. I think that he himself
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"This whole debate is silly. Anyone who has
been to an ivy league university knows that
many of Hillel's stats are wrong except Unz
himself who has an agenda" and then Torin
McCabe says, "And like IQ data in Africa,
the solution is better data" and
ParallaxOpticssays, "The solution is bigger
oven." That is a reference to concentration
camp ovens, is it not?
A. I think so, yes.
Q. Is that appallingly or abhorrently
antisemitic?
A. Without question.
Q. You can shut that file for now. I want to
ask you some questions about your own
interactions with this apparent Parallax
Optics. By 2017 you were following
ParallaxOpticson Twitter, were you not?
A. Yes, although I also muted him, actually
for long periods of time.
Q. The account that you used at that point
was called - you had the handle dcxtv.
Correct?
A. That's true.
Q. And your identity would not have been
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Miller & Power v Turner
known to people just from that handle if they
did not already know who you were.
Correct?
A. My identity was widely known by many
people. I never attempted to conceal it. I Q. If people did not know who you were
already, they would not know from that
handle, dcxtv who you were.
A. I regularly posted links to articles I had
written. I think that people would have been
able very easily tell this is my account. I also
used the same handle for my Median[?]
account, which did have my name next to it,
so it may not have been immediately obvious
but it was not concealed.
Q. And ParallaxOpticswas following you as
well.
A. Yes.
Q. And the identity of the operator of that
account was not immediately apparent to
someone who did not know?
A. No, he wanted to remain anonymous
because he wanted to continue to make these
obnoxious statements anonymously.
Q. Now, we have not had any disclosure
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Q. Just so that my Lady can see what is
happening here, all we have of the tweets
from Parallax Optics, because all of yours
have been deleted and you can see that from
the reference in between as the conversation
flows - correct?
A. Yes.
Q. Now, it starts with an Evening Standard
article. That is the top left and if you turn
actually to the page before, 3212, this is a
chronology of this thread which assists in
seeing the sequence but it also helpfully at
the top gives you the full URL for that
Standard article so you can see its headline.
So, the headline of the article that
ParallaxOpticshave tweeted was, "Jihadi
suspected of fighting in Syria could jump the
queue for council houses and get help finding
jobs". Do you see that?
A. Mm hmm.
Q. Now, if you go back to the next page and
look at it with the visuals, as it were, you will
see how the conversation goes between the
two of you, except of course you cannot
because you cannot see your contribution
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3 October 2023
Page 39
from you in this action of any
communications between you and the
operator of Parallax Optics. That is correct,
is it not?
A. That is correct.
Q. And all your tweets with him you deleted,
did you not?
A. I regularly deleted my tweets in general.
Q. Can we just have a look at a surviving
example of one of your interactions with
him, which has been disclosed from my side,
I think. If you go to bundle 4, tab 118 A. Mm hmm.
Q. If you go to page 3214 - it is 3213 and
3214.
A. Mm hmm.
Q. This is a reconstructed thread by my
client so you can see the flow of it. I do not
think there is any dispute that this is the
correct flow, but if there is your counsel can
take you through that later. This is the
conversation between you and
ParallaxOpticsand I think 2 November 2017,
correct?
A. Yes.
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directly, but my Lady can read the page on
the left to herself. I want to focus on the
page on the right. That starts with - this all
seems to flow from the content of the article
that you are discussing and there is a
reference at the top from ParallaxOpticsto
"Jobs for the Boys" then he says, "Smashed
window economics 101". You reply, so you
say something there. Do you agree?
A. Yes.
Q. He then replies, "Racists?" Do you see
that?
A. Mm hmm.
Q. You then reply. That is deleted. Do you
have any recollection of what you said? I do
not expect you to.
A. I mean I presume that I was arguing with
him about things that he was saying. I mean,
this is normally what Twitter interactions are.
Q. And after your deleted and therefore
unknown response, he says, "Is it possible to
distinguish between the two?" Do you see
that?
A. Mm hmm.
Q. So, I suggest that that indicates that you
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must have referred to two types of things.
A. Mm hmm.
Q. Possibly groups of people. Correct? This
is just a hypothesis because we do not know.
A. I think that ParallaxOpticsstatement,
"Racists?" probably refers to, I suppose,
anybody objecting to this policy because it is
true that the term "Racist" is used in order to
shut down critical discussion.
Q. So, after your reply, which leads him to
say that, is it possible to distinguish between
the two?
A. Mm-hmm.
Q. Before you reply again, he says, "I mean
Jews are different, they have horns?"
A. Mm-hmm.
Q. Then you reply again. So it is apparent,
isn't it, from his, "Jews are different, they
have horns", that you have mentioned Jews,
possibly as one of the two groups that you
mentioned or you said something that led
him to infer -A. I really don't see -Q. -- something about Jews?
A. I really don't know why that would have
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exercise.
Q. Well, I think that's for me to decide.
Thank you. "They will take me away" I
suggest to you is Parallax Optics' way of
saying that you have just said something to
him which is quite sensitive and which most
people would be offended by, correct?
A. I think his statement responds probably to
me objecting to his previous statement.
Q. Then the next thing he says is,
"Problematic" in inverted commas,
problematic in parentheses. Do you see that?
A. Yes.
Q. You know what the parentheses echo
symbol stands for?
A. Yes.
Q. Would you like to tell the Court?
A. It stands for, it was somehow a trope that
was used in order to identify Jewish people
online.
Q. Just going back to the, "they have horns",
saying that Jews have horns is another way
of saying that they are not human, isn't it?
A. Well, the most famous example I can
think of with the horns is Michelangelo's
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been the case. I understand his statement
here actually is a provocation of me, he knew
I was Jewish and he's -Q. Well, okay, so the next one is another
reply -MR WALKER: I wonder whether he could
finish the question, given the courtesy that he
has been extended, to give an answer?
A. ParallaxOpticsregularly made statements
designed to be provocative, so the question is
obviously, what do you do or how do you
respond to such statements? If one becomes
upset about it in a certain way, one loses that
particular game.
MS EVANS: Well, if you look at the next
exchange, I suggest that you are the one who
said something provocative next. Because
there is your blank deleted reply and then he
says, "Don't say that, they will take me
away."
A. I don't know.
Q. Do you know what you might have said
that led him to say that?
A. I really don't know, but I'm not sure what
you think we can gain really from this
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statue of Moses where he has horns. There is
actually a passage in the Bible where it
describes Moses, it is maybe a corruption of
Hebrew, for some reason Moses has horns, I
don't know why that is. Obviously the
notion that Jews have horns is ridiculous, I
think it is difficult to take seriously on that
basis. It is annoying but ...
Q. Thank you. You can put that file away
for now. Can we go back to file 1 and again
look at your original particulars of claim. So
I think you will find that in 5A and my Lady,
I am afraid, will have to make do with the
struck through in tab 5. It is paragraph 17.3.
A. I'm sorry -Q. Sorry, I haven't given you a page
number. So you need to go to tab 5A -A. Uh-huh.
Q. -- which is the new one that you were
handed and it should be - sorry, I think I am
in the wrong document. Just one sec ... yes,
sorry, I am in the wrong tab. It is actually
not in your particulars of claim, it is in your
reply which is at tab 9. It is page 241 which
is a left-hand page and it is paragraph 17.3.
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You will remember this is the document you
signed a statement of truth on.
A. Uh-huh.
Q. In 17.3 you made your point that you
have just made about Michelangelo in the
first sentence. Then you said this, "The first
claimants did not, in any event, reply to this
tweet, like it or retweet it or in any way
encourage the continuation of the discussion
which had not previously engaged any
alleged anti-Semitic tropes." Now, that is
about the thread that we have just been
looking at.
A. Uh-huh.
Q. Do you see that?
A. Yes.
Q. But do you accept now that that is not
true what that paragraph says about that
thread?
A. I agree that it is true, looking at this
thread, that ParallaxOpticsdoes make
statements about Jews, I don't make any
statements about Jews. I found his
statements annoying, I understood that they
were calculated to annoy me. This paragraph
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been deleted which you presume said this,
but I really don't think it would have done.
Q. Can you recall when you deleted those
tweets that you have exchanged with Parallax
Optics?
A. I think shortly after the conversation took
place.
Q. On every single occasion?
A. I, as I said, regularly deleted my tweets. I
understood Twitter also as a medium for
engaging in occasional interactions with
people, I don't think that they have to be
preserved in any way like, that any other
conversation needed to be. I also found that
exchange personally quite irritating because
of Parallax Optics' responses to me. I find
that irritating myself as a Jewish person. I
think his statements were intended to irritate
me. You want to hold me responsible for his
provocations of me, okay. But ...
Q. Could we please turn to tab 7 of the same
bundle? This is annex 1 to the Defence. I
want to ask you now about some of the
images in this annex which are relied on by
my client, and to be clear I am not suggesting
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3 October 2023
Page 47
refers to anti-Semitic tropes, if you want to
say that he is circulating anti-Semitic tropes,
I will concede that.
Q. "Jews have horns"?
A. Is that a trope? I don't know, to be
honest.
Q. It doesn't really matter whether we
describe it as a trope, it is, I suggest to you it
is indicating that Jews are not human?
A. Em ... well, I mean obviously I disagree
with that.
Q. Thank you. I suggest that that paragraph,
17.3, was untrue and the reason it has not
been re-instigated into the document after
those amendments is because you realised
that the sequence in that thread did show that
you had encouraged the continuation of the
discussion after an anti-Semitic reference?
A. I certainly didn't encourage any
anti-Semitic discussion or engaged in any
anti-Semitic content.
Q. I suggest that it was you who had
apparently introduced Jews into the
conversation?
A. You state this based on a tweet which has
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that you are responsible for these images but
I want to ask for your view about them.
They were sent to the Defendant and his
artistic partner, Mr LaBeouf, at various times
after the "he will not divide us" artwork went
up. But they were not, as far as I know, sent
by Parallax Optics. So, if you could turn to
page 136. Now, this is an image of
concentration camp victims, evidently, and
on one of them has been superimposed Mr
Turner's face, do you see that?
A. Uh-huh.
Q. You see that, you agree that that's a
representation of Mr Turner?
A. Yes.
Q. It is abhorrently anti-Semitic, would you
say?
A. It is abhorrent and disturbing on every
level.
Q. Including anti-Semitic?
A. Yes, absolutely.
Q. It is a threatening message to send
someone, isn't it, if they are Jewish?
A. It is a disgusting message.
Q. The next page, you will see again Mr
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Miller & Power v Turner
Turner's face superimposed on to a
lampshade and also two bottles of soap.
Now that, I think, is supposed to be a
reference to the fate of concentration camp
victims, do you understand that? The
washing of the soap and being used for a
lamp, discarded people, the cleansing of
them as they arrive in concentration camp?
A. I'm sorry, what is your question?
Q. Do you understand it in that way?
A. The first time I have seen this image is
through the disclosures provided by the
Defendant. Again, I think this image is very
disturbing. In terms of its precise semantic
content I am willing to accept this
interpretation. I am, myself, disturbed by
this image, I don't know why the Defendant
has preserved this disturbing image, I don't
know what purpose it serves for him.
Q. Well, he has given evidence about that
and will do. Could you turn over to the next
page, 138? Do you agree that this is again
Mr Turner in the first row of photographs?
A. Yes.
Q. It is a distorted depiction of him, isn't it,
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forehead?
A. Yes, I see that.
Q. Do you agree that that is abhorrently
anti-Semitic, given that he is Jewish?
A. Yes, I do. I don't dispute, by the way, in
general that your client has received
anti-Semitic abuse from people on the
internet. I condemn all of this as a Jewish
person myself, I myself would never send in
any of this material.
Q. I made clear that I wasn't suggesting that
you sent it.
A. Okay.
Q. The next page is page 140. Again, do
you agree this is a distorted facial image of
Mr Turner, with a hooked nose and Stars of
David for eyes?
A. Yes, I do agree, yes.
Q. There is a picture of Hitler and there is a
gun to his head. Do you agree that this is
anti-Semitic?
A. Yes, I do agree, yes.
Q. Do you agree it also sends a threatening
message?
A. Yes, I do agree.
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3 October 2023
Page 51
with a skull cap and an enlarged nose,
agreed?
A. Yes.
Q. That is a Jewish stereotype, is it not?
A. Yes, it is, yes.
Q. It is juxtaposed, isn't it, in the row below
with Nazi symbols? Swastikas, Iron Crosses,
Eagles. Do you see that?
A. Yes, but I don't know whether these
images that were produced on the same date
or what their original source is.
Q. I'm asking you about the juxtaposition?
A. Well, the juxtaposition seems to have
been potentially created by your client, as far
as I know, since the juxtaposition appears
here, yes, in this way. But, again, I don't
know what the source of this is.
Q. Do you agree that the stereotype of Mr
Turner as a Jew is anti-Semitic?
A. Absolutely.
Q. On the next page, 139, you will see here a
picture of Mr Turner with horns? "Jews have
horns." Do you see that?
A. Okay, yes.
Q. You see the Star of David on his
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Q. On the next page, 141, we see what is
known as Pepe the Frog in green, which is, I
think you will agree, a green anamorphic
frog with a humanoid body might be one
description of it, which was appropriated by
alt-right groups online in the United States.
Do you agree with that?
A. Do I agree with what statement
specifically?
Q. Do you agree that it was appropriated,
Pepe the Frog as an image, by alt-right
groups?
A. Pepe the Frog seems to have been used
by a wide variety of groups and individuals.
Q. Including, the alt-right, do you agree?
A. I do agree conditionally with that, yes.
Q. Do you notice that this Pepe the Frog is
wearing President Trump, "Make America
Great Again" cap?
A. Yes, and he is drinking a glass of wine.
Q. On his shoulder the hat says is, is written,
"HWNDU" which is the artwork?
A. Uh-huh.
Q. The person that he is sexually assaulting
and killing is Mr LaBeouf, who is one of the
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Miller & Power v Turner
trio of the artwork. Do you recognise that?
A. Yes.
Q. Would you say, who is also Jewish, I
should add. Would you say that this image is
horrifically anti-Semitic?
A. Em... I don't think this image is
obviously anti-Semitic to me, it is obviously
a horrible image. I don't see any reference to
Jewishness in this image from my first glance
at it.
Q. Could you look at page 143?
A. Uh-huh.
Q. This is Pepe the Frog, again with a
Swastika on his chest, again assaulting Mr
LaBeouf, you will see he has the artwork's
name on his back. Do you agree that that is
anti-Semitic?
A. I think the addition of the Nazi Swastika
tattoo does then give it an anti-Semitic
meaning, yes.
Q. Do you agree it is threatening to have
sent, to send that to somebody?
A. Yes, I do. I do agree, yes.
Q. I'm just asking you about two more. The
next page, 144. This is from one of these
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Parallax Optics, would you accept that?
A. Ah ...
Q. As an approximate figure?
A. I'm sorry, between which dates?
Q. Between the 25th of October 2017 and
the 6th of September 2018?
A. No, it depends on how you are defining
interaction. I really don't recall the number
of interactions we had online.
Q. Does that number sound wildly off to
you, though?
A. It sounds higher than I remembered.
Q. Just some examples, I can take these
quickly. 1741. You will see that 1737 and
1738 is all exchanges or interactions between
you and ParallaxOpticsand you can tell that
because you see that in each of them it says
that, this was a reply to Dcxtv, among others
sometimes, or you were tagged in so you
would have got them or it was part of an
exchange you were having. I am not
interested in the content of these ones. But
1742, because these go on for pages?
A. Uh-huh.
Q. You read these from the bottom up
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3 October 2023
Page 55
Groyper accounts which we will see are also
associated with the alt-right. This is clearly a
Nazi salute, is it?
A. Yes. I think so.
Q. On the next page, 145, you will see that
Pepe the Frog here has a stereotypical image
of a Jewish person, I suggest, in his sights, in
other words the sights of his gun?
A. Uh-huh.
Q. Do you see that?
A. Uh-huh.
Q. Are both these images anti-Semitic?
A. I would say so, yes.
Q. You can shut that file, please. Can you
take up file 3 again, please, tab 51.
A. Uh-huh.
Q. I want to now ask you a little bit about
some of your engagement with
ParallaxOpticsin 2017 and 2018, such as has
survived. 1737. Again, we are dependent on
screenshotted images from the
ParallaxOpticsaccount, because yours were
all deleted. If I tell you that between 25th of
October 2017 and 6th of September 2018
there were 113 interactions between you and
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because they are the result of searches on the
ParallaxOpticsaccount. So the most recent is
at the top. You will see, I just want to pick
out a couple of them. 1742, the third from
the bottom, ParallaxOpticsis engaging with
you and other people. He refers to, he says,
"All N/acc persuasions welcome?"
A. Uh-huh.
Q. What is N/acc persuasions?
A. This refers to Nick Land's theory of
accelerationism which bifurcated into
different variants.
Q. Thank you. In fact you will see on 1744
there is a reference to Nick Land. 1744 by
the top hole (inaudible). There is a Parallax
Optics' tweet at 24th of April 2018 talking
about accelerative dynamics and refers to
Land's "Nrx analysis of contemporary
political economy." Nrx is neo-reaction,
isn't it?
A. That's correct.
Q. On the same page, you will see, third
from the bottom, again replying to you and
one other person, ParallaxOpticssays, "That
is old school/Acc. Nowadays it is all about
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Miller & Power v Turner
taking hormones and cutting your dick off?"
A. Uh-huh.
Q. What do you think that is a reference to,
since you were in that thread?
A. I think this was a reference to so-called
U/acc or unconditional accelerationism
which had a very strong transgender
component to it in terms of its interests and
its emphasis.
Q. If we then go to 1749. Do you have that
on the left-hand side, in the middle there is a
tweet which we will come on to shortly when
we deal, start to go through the tweets which
my client complains about as harassing. Do
you see that one?
A. Uh-huh.
Q. "Luke Turner is a 50 Stalins!!!"?
A. Uh-huh.
Q. References to Nrx and so forth. But you
will see at the bottom there, we see a
reference to gorsedd6.
ParallaxOpticsreplying to gorsedd6 and some
others. Gorsedd6 was Nina Power, correct?
A. That's true, yes.
Q. In about February 2019, I will just ask
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February 2019, I want to ask you about this
page. This is a list of the accounts that you
were following on 14th of February 2019.
You will see at the top, it has your new
handle?
A. Uh-huh.
Q. It is true, isn't it, that when you start a
new account on Twitter you have to
re-follow or anyway decide who you want to
follow?
A. That's true, yes.
Q. On this list from, third from the bottom is
Parallax Optics?
A. Yes.
Q. I just want to ask you now some
questions about the person behind Parallax
Optics?
A. Uh-huh.
MRS JUSTICE COLLINS RICE: Can I just
check that the -MS EVANS: Oh yes, I'm sorry, about the
transcriber.
MRS JUSTICE COLLINS RICE: -- that the
transcriber is, whether a break would help
now? It would. Is that a convenient point for
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3 October 2023
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you this while we are on Parallax Optics, you
changed your handle on Twitter, didn't you,
and you started a new one, which was called
Real Dcxtv?
A. I was banned from Twitter, I believe by
your client, in October 2018. After that point
I wasn't on Twitter -Q. We will come on to the sequence -A. No, but you have said that I have changed
my Twitter handle, in fact I actually created a
new account in order to respond to the claims
that were being made by your client,
including -Q. We will come to that.
A. -- including the claim that I had written
an article called Totalitarian Disability
Politics in which I called for the euthanasia
of disabled people. This was an absolutely
abhorrent claim and I felt the need to create a
new account to respond to it.
Q. Can you take up bundle 2, tab 40. It is
page 955. I am still asking you about your
interactions with Parallax Optics, you see -A. Uh-huh.
Q. -- so, although this has gone forward to
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you?
MS EVANS: Yes, that's a convenient point.
MRS JUSTICE COLLINS RICE: Five
minutes then.
(12.01)
(A short adjournment)
(12.10)
MS EVANS: Mr Miller, I was just coming
on to ask you about your relationship with
the operator of ParallaxOptics. His name is
Jack - I do not know if you pronounce it
Stokoe or Stockoe - Jack Stokoe. How
would you pronounce it?
A. I think Stokoe.
Q. That is him, though, is it not?
A. Yes.
Q. I want to ask you first some questions
about what your lawyers pleaded about you
and Mr Stokoe on your instructions, but
before I do that I need to point out that you
have elected in this case to give no evidence
at all about ParallaxOptics or Mr Stokoe in
your witness statement. Do you understand?
A. Yes.
Q. So, that means the court has no case from
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Miller & Power v Turner
you in answer to the defendant's case about
your association with ParallaxOptics and Mr
Stokoe or the nature of it. Do you
understand that?
A. Yes, I understand that.
Q. But, nonetheless, I need to put my
clients' case on this to you and I will do that
against what your pleaded case says,
although that is not your evidence. Do you
understand?
A. I think so.
Q. I will take you to some of your pleaded
case. The first question is: you accept, do
you not, that you and Mr Stokoe both
attended the LD50 Gallery counter-protest in
Hackney on, I think it was the 25th of
February 2017?
A. That was where I met him.
Q. You attended it together, did you not?
A. No, that's not true.
Q. Could you turn up bundle 2, tab 40, page
849, the first page, and do you see that
photograph?
A. Yes.
Q. That is you with Mr Stokoe ...
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A. Yes, there was a protest organised against
the Gallery.
Q. And you went along and Mr Stokoe went
along to protest against the protest?
A. I went to protest against the anti-fascist
activists. I don't know why Mr Stokoe went.
He wasn't involved in protesting himself, he
merely was observing.
Q. The Gallery, LD50, was controversial,
was it not, because it had put on exhibitions
and staged events which had Far-Right or
Alt-Right extremist themes, correct?
A. No, I don't think that is correct. I think
that the Gallery had produced a number of
exhibitions from various perspectives. Most
of them were concerned with the internet; it
was an internet art gallery. In 2016 it
produced a conference and an exhibition
which was specifically focused on
investigating the so-called, "Alt-Right" - this
was a term that we began hearing in 2016.
We didn't know what it was, nobody knew
what it was. The first time that I heard it was
when Hillary Clinton said that the people
voting for Donald Trump were the Alt-Right.
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A. Yes.
Q. ... at the LD50 counter-protest, is it not?
A. I think it's subsequent to the counterprotest.
Q. Is it on the same day, nearby or in the
vicinity of it?
A. Mr Stokoe approached me after a
counter-protest against the anti-fascist
activists and he was the only person there.
He wasn't screaming at me or threatening to
assault me. I had just held up a sign that
said, "I believe in the right to openly discuss
ideas" and so I thought I had some
commitment to that principle, and so I was
willing to talk to him. That was the first time
that I met him.
Q. And is that his girlfriend standing there
next to him in that photograph, Natalie
Lambert?
A. Yes.
Q. So, just to be clear as to why you were at
that counter-protest: there was a protest
going on called Stop LD50, was there not?
A. Er ...
Q. Just Yes or No for now.
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So, I think that LD50 were investigating
what that term meant and they organised an
exhibition for that purpose and they also
organised a conference for that purpose.
Subsequent to the election of Trump - it's a
complicated story - but a group of Londonbased Far-Left activists (associates of your
client) organised a demonstration against
LD50 because they held that the exhibition
and the conference at LD50 had produced, it
meant that the Gallery must be shut down
immediately - and this was the claim that
they made: they claimed that LD50 was in
fact not an art gallery but was rather a NeoNazi organising space. They circulated these
claims. I looked at these claims and I saw
that there was no evidence to support those
accusations. Those accusations were
hyperbolic and wild. It seemed to me that
actually what LD50 was doing was
investigating sincerely, as an art gallery
should, contemporary themes and
contemporary questions and important
contemporary questions because it's
important to understand what these
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Miller & Power v Turner
phenomena are. We must understand them.
And so, on that basis I went to the protest
that the activists had organised against the
Gallery. The activists were there, many of
them were masked, they had, in the days
before the protest, been involved in
vandalizing the Gallery; they threw rocks
through the windows of the Gallery. The
gallarus was forced to seek police protection
because she was very frightened by the
activities of these activists. These activists,
to be clear, believe that it is legitimate, and in
fact even almost obligatory, to apply physical
violence to anyone they identify as a Fascist.
LD50 was identified as a Fascist gallery and
therefore as a target for violence. I thought
that this was unsupportable, so I went to the
Gallery to protest against these activists and
in support of freedom of artistic expression
and also in support of the discussion of ideas.
I was not myself sympathetic to any of the
ideas being discussed in the Gallery, and this
is why I actually understood it as a free
speech case. Everybody supports the free
speech that they agree with. I also support
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Wing ideas ...'" - but you did not say that just
now, when I first asked you, you said that it
was not an Alt-Right or Far-Right space?
A. No, I think that it was a space that was
investigating these ideas. I think there is a
distinction between an investigation and the
promotion of ideas.
Q. Can you go back a few tabs to 89, please?
This is an article in The Guardian a few days
earlier, actually, the 22nd of February, about
the Gallery itself, and the bit that I want to
focus on is at the bottom of 3082. It is
talking about this Neo-Reaction conference
that you mentioned the previous summer
which was hosted by LD50, which included
somebody called Brett Stevens, "A white
Supremacist", as The Guardian describes
him, " ... whose writing was an inspiration to
Oslo Far-Right terrorist, Anders Breivik, who
murdered 77 people in 2011." And if you go
on to the top of the next page, it quotes from
Stevens and it says, "After Breivik's attack,
Stevens wrote, 'I am honoured to be so
mentioned by someone who is clearly far
braver than I. No comment on his methods.
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the free speech that I don't agree with, and I
certainly support the right of art galleries to
investigate contemporary themes in a neutral
way. The activists themselves conceded that
the Gallery had not taken any kind of
position on the exhibition or the conference
that it had produced. Nonetheless, it still
called to immediately shut down the Gallery.
No response was possible from the gallarus.
It was an extremely violent and disturbing
episode and I felt that it was my obligation
and duty to protest against it.
Q. Yes, thank you, Mr Miller. Could you
take up bundle 4, if it is not already open,
and go to tab 91? It is page 3087. Now, this
is an edition of the Hackney Citizen
newspaper of that day and it has an article
about the protest, and you will see that on the
right hand page by the first hole punch it
says, "Speaking to the Citizen, the counterprotestor, who have his name as D.C. Miller
..." - I assume that is you?
A. Yes.
Q. " ... explains his stance ... He said, 'LD50
hosted people speaking who hold very Right-
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But he chose to act where many of us write,
think and breathe.'" But Stevens was one of
the speakers at the conference, was he not?
A. Brett Stevens sent a video to the
conference.
Q. Okay, a video, but he participated in it?
A. He participated in it in the context of
sending this - it was really an art work, it was
a kind of nihilistic monologue in which he
describes the decline of Western civilization
as he sees it.
Q. I will take that as a Yes. If you go back
to tab 79 ...
A. I would like to point out, with respect to
this description of him, however, Anders
Breivik was not mentioned in his
contribution to LD50 in any shape or form,
and I myself actually asked the gallarus, Miss
Lucia Diego, subsequently if she had been
aware of Mr Stevens' comments on Breivik.
She said that she hadn't been when she
invited him to the conference. He has a very
popular blog, he's written, I think, something
like 10,000 blog posts over the last several
years in which he explains his thoughts. I
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don't think Mr Stevens is a particularly
interesting thinker, but I think that the
description of him, or rather the identification
of him with the most deranged and abhorrent
thing that he has ever said does somewhat
prejudice the understanding of why he was
appearing at this conference.
Q. Do you have tab 79 open?
A. Yes.
Q. This is a catalogue or an online
promotion of one of the exhibitions that
LD50 put on, which you have defended as
being in the interests of free speech. This
exhibition was called, "My Twisted World,
the Story of Elliott Rodger" and ...
A. The - I'm sorry.
Q. Just wait for the question.
A. I'm sorry.
Q. Elliott Rodger was a serial killer from
California, was he not?
A. He was a spree killer, to be specific.
Q. Yes, he only killed six, did he not?
A. No, I'm saying that he, in apparently
some act of psychosis, embarked upon a
murder spree in which six people were killed,
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2016?
A. Yes.
Q. What I wanted to also just ask you about
Elliott Rodger, who killed six and injured 14
in his spree in 2014, was that he had a
manifesto, did he not, so-called?
A. He wrote some kind of document, which
I have not read, in which he explained, as I
understand it, his unhappiness with life and
his hatred of women and ...
Q. Yes, he called it his, "War on Women"
and the manifesto was called, "My Twisted
World." It also contained, you may
remember, plenty of racist remarks about the
inferiority of black people?
A. Well, I haven't read his manifesto, so I
don't know.
Q. So, you were at LD50 and Mr Stokoe was
at LD50 to defend a gallery that puts on
exhibitions like that?
A. Well, I don't know what you mean, "Like
that". Elliott Rodger has a peculiar status
amongst people on the internet. He's not
exactly considered to be an admirable figure,
he's actually considered to be basically a
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yes.
Q. This exhibition - I should also just ask
you, actually ...
A. I'm sorry, but to clarify this point, the
exhibition was not called, "My Twisted
World." The exhibition was named after a
4chan thread which predicted the election of
Trump. I don't know what this title refers to,
actually.
Q. Thank you for that. 4chan, of course,
being one of the Alt-Right ...
A. 4chan is an anonymous message board
which is used by many different users of
different political persuasions, as I
understand it. I've never used it personally.
Q. So, "My Twisted World, the Story of
Elliott Rodger" is attached to the installation
or whatever it is on page 3001. If you go
forward in these pages to 3008, you will see
another art work in this exhibition called,
"Elliott Rodger Memorial", which seems to
have involved a video of him, and on the
next page, 3009, at the top, a photograph or a
still of a video with the caption, "Elliott
Rodger, Awakening." You see that, from
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ridiculous figure and a weird person. He was
incel - I think probably maybe even before
that term was invented. He ended his life
with this horrible act of murderous violence.
He is somebody that people who similarly
feel unhappy and insane in their own lives
identify with, but, I mean, almost as an
expression of their alienation. So, he is
somehow relevant to understanding
subcultures. I think it is a phenomenon
worth discussing.
Q. After the counter-protest in February
2017, at some point in 2017 you became
friends with Mr Stokoe, did you not?
A. Mr Stokoe, as I said, I was - he was the
first person that I'd ever met, actually, who
was somehow prepared to articulate RightWing positions and Neo-Reactionary
positions. I wasn't particularly familiar with
these positions and I did want to understand
what they were. I think that he is in a sense
an authentic representative of a certain kind
of internet thought movement. So, we
became acquaintances and I agree that our
relationships were cordial. He also was the
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student of my friend, John Cousins, who is
an art academic. I met him in Haiti. So, we
had a connection on this level. In person, he
was much more civilized than his behaviour
on Twitter would suggest. You know, I
thought that he was a complex figure in some
ways, not completely stupid. He was driven
to write these transgressive messages on
Twitter. I find that very irritating. His actual
central preoccupation was basically a kind of
misogynistic diatribe against women, which
just, was very repetitive, and ...
Q. And against Jews?
A. Well, I would say that his predominant
theme was really women. He made scattered
remarks about Jews which were also
annoying, but his Twitter persona was like ...
Q. Sorry, you said they were annoying, but
you have accepted that they were abhorrently
anti-semitic?
A. I agree with both of these statements, but
I think that his main mood was irritation, to
be honest, you know, and he was making
these statements precisely to irritate. I
wouldn't say that, based on my personal
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A. Well, you say "rekindled" ...
Q. ... I want to establish that it was in mid
July?
A. I'm sorry?
Q. I want to establish that it was in mid July
that you and Miss Power got reacquainted?
A. Yes, I encountered her by chance and,
you know, in fact, we hadn't parted on the
best of terms, but I found that we had, you
know, we had a lot to discuss, actually, and
...
Q. And in - sorry.
A. Well, I mean, our friend, Mark Fisher,
who had introduced us, had committed
suicide in the meantime, and this was
actually the first point of commonality that
we had, and I hadn't seen Nina at that point
for, I think, almost 10 years, and, yes, as I
said, we had a lot to discuss.
Q. So, by late July you and Miss Power were
socializing with Mr Stokoe, were you not,
and his girlfriend?
A. I introduced Nina to Mr Stokoe at a
certain point, actually, specifically because of
his views on women, which I thought would
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conversations with him, that these were
views that he was actually really attached to.
They were views that he was - they were
statements that he was making in order to
provoke people, in order to provoke
attention, and this was something that for
some reason he felt compelled to do. I would
say that his statements on Twitter are almost
like the statements that people might write on
a men's room wall, this would be the
equivalent. You know, one encounters these
statements and people do write abhorrent
things in that context, but I think there's a
limit to how seriously you can take them as
well.
Q. You were friends with him in July 2018,
were you not?
A. I mean, we were associates of a kind. I
was in conversation with him.
Q. And I think it was in the middle of July
2018 that you rekindled your friendship with
Miss Power?
A. Yes, I ran into Nina by chance.
Q. You do not need to give us the details,
unless you want to, but ...
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be useful for her because she was writing a
book about men and about the Manosphere,
and again I think that he is an authentic
representative of a certain set of views.
Q. Could you take up bundle 5 please and
turn to tab 131?
A. I'm sorry, which tab?
Q. 131, and you want page 3694. Now,
these are transcribed WhatsApp messages
between you and Miss Power. It is the only
form of communication that the pair of you
have disclosed in this case. It only covers a
very brief period of time of relevance to the
case, and I want to ask you about 3694, at the
top. 29th of July, at lunchtime, and you are
talking about the evening before with Miss
Power, and I think, "D" is you and the
number below is her. You talk about
somebody called John, then you go down just
below the first hole punch and Miss Power
says, "It was great to be able to talk to Jack,
etc. in a clear way that I can actually
remember. He's such an interesting guy."
That is Jack Stokoe, is it not?
A. Yes, I think so.
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Q. And you say, "He's very funny and
smart." And then she says, Miss Power says,
"I mean, he says things I can't really
countenance thinking, but that makes it even
more interesting to engage with ..." and so
forth, and there is a reference a few lines
down by you to Natalie, his girlfriend, who
was, presumably, there as well. Now, we
will come back to the significance of this
because this is the evening of the 28th, which
is when you were together, and you will
remember, because it was right at the start of
your bombarding the defendant with Tweets.
I will come back to that to give you a chance
to deal with it, do not worry, but just whilst
this page is open, so that my Lady can see the
chronological relevance, also at this point, in
the summer, and through to the autumn, you
and Mr Stokoe were working on a book or a
proposal for some sort of a book together,
were you not?
A. Well, that's not quite accurate. Actually,
I encouraged Mr Stokoe to compile material
referring to Neo-Reaction. We weren't
writing a book. He was drawing material
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ridiculous. We also thought he was in some
ways, you know, quite a comical figure,
actually. I mean, he was this, you know ...
Q. If you look at the first hole punch, there is
a line which is you doing your WhatsApp
message, and it says, "Heathcliff and I are
wrangling nrx material into some kind of a
book format."
A. That's correct.
Q. And we have established that, "nrx" is
shorthand for Neo-Reaction. That is a
philosophy which certain Far-Right or
extremist idealogues have developed, such as
Nick Land, is it not?
A. No, I don't agree with that description of
Far-Right idealogues. Neo-Reaction is a
form of thinking that comes, actually, out of
Libertarianism. It was developed initially by
a man called Curtis Yarvin, writing on his
blog, the blog is called Unqualified
Reservations. Mr Yarvin is himself halfJewish, he attempts to develop a kind of
political philosophy and analysis of
contemporary political economy. It's drawn
a lot from James Burnham's work, actually.
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3 October 2023
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that he was familiar with into the form of a
book because it was clear that what NeoReaction was was not well understood and I
felt that there would be a value in actually
clarifying what it really was and meant, and
Mr Stokoe did know a lot about it.
Q. Can we just look at page 3872 in the
same tab, in these WhatsApp messages?
This is 7th of October 2018 and if you look
at the very top of the page, it is the left hand
page, you are, I think, just arranging to meet
Miss Power, and you say, at 14.32, "It's a
date!" and then you say, "Heathcliff has just
arrived." Heathcliff is Stokoe, is he not?
A. Yes.
Q. And Miss Power says, "Say hi to the
Viking." The Viking, is that a nickname for
Mr Stokoe?
A. I mean, it wasn't a nickname, it was just a
sort of name that she came up with, I think,
at that moment. Heathcliff was a name that
we had for him because he, for whatever
reason, initially introduced himself to me,
actually also at LD50, under the name
Sebastian, so we thought this was quite
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His ideal polity is really Singapore. I don't
know if you ...
Q. Do not worry about that for now because
we ...
A. Well, you are describing it as a Far-Right
ideology, and I think that it's important to be
...
Q. I am not doubting that Curtis Yarvin was
one of its originators, if you like, but ...
A. He was the originator, I think.
Q. But Nick Land was also important, was
he not?
A. Nick Land, at a certain moment, engages
with Yarvin's work and I would say his
position is a little bit different to Yarvin's.
Q. Nick Land was associated with NeoReaction, was he not?
A. Well, I think he is associated with it, but I
think the nature of his association is
complex. I mean, we're dealing with a kind
of political philosophy.
Q. Can we look at - sorry, we have to get
another bundle out - bundle 4 and go to tab
70? Do you have that?
A. Yes.
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Q. 2979 is the page. Now, Outsideness is
the Twitter account of Nick Land, is it not,
someone you followed?
A. Mm hmm.
Q. And this says, "Antisemitism is most
likely a Jewish conspiracy. Nobody else
could make a political theory that Baroque
sound plausible to people".
A. Mm.
Q. That was from 2015, so that is a view
expressed by another account that you
follow, correct, which is, would you agree,
antisemitic?
A. I think it's quite a complex statement
which Nick Land is making here.
Q. Is it antisemitic?
A. I think it's an ironic statement about first of all he says that antisemitism is a
Baroque theory.
Q. Could you just answer the question? Is it
antisemitic?
A. I don't think it's a simple question. I
think this is a statement which has different
levels of meaning to it. It is also relevant, by
the way, that Nick Land is himself married to
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poor dim Jews who get disproportionately
shoah'd". The reference to "shoah'd", that is
a reference to the holocaust, is it not?
A. Yes.
Q. Is this an antisemitic series of statements
by Mr Land?
A. I find it difficult again to interpret
precisely what Nick Land is saying here. He
is a very ironic writer. He is a very ironic
writer. He is referring to elements in
discourse using complex rhetorical
techniques. I don't think he is saying these
things in terms of his actual positions per se.
he is referring to something. I don't really
know what he is saying, to be honest.
Q. Would you just please look back two
more page in this bundle, tab 76, page 2991?
Again, nothing has been disclosed by you in
relation to your interactions online with Mr
Land, so all we have are tweets by him and
on these two pages it actually starts, I think,
at the bottom of 2992. Again in the format
we have seen before, these are all tweets
where he has replied to you. Do you see the
dcx Miller and npcdctv. These are 2016,
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a Jewish woman and has Jewish children.
The statement itself is - I mean it almost
turns on itself in a certain way because he is
saying, (a) antisemitism is Baroque. He is
then claiming that that itself is a Jewish
conspiracy, which is a very strange notion
and I don't know what you are really left
with at the end of the statement to be honest.
I don't think it's simple to say this is an
antisemitic statement. I've never heard such
a statement before, to be honest. I don't
think this is the typical view of most people
who would describe themselves as
antisemites.
Q. Would you go forward, please, to tab 74?
This is more tweeting by Nick Land. This is
in 2016. He says: "Fact. White subnormals
are (ideologically) the niggers of the earth.
Also fact: they're white subnormals (Jewy
machinations notwithstanding)." Then he
says, "Of course they get a bum rap. The
only people who will articulate that above the
level of inchoate howl will be power-crazed
hucksters." Then he says, "Going out on a
limb here. I'm going to guess that it's the
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2017. Now, to be clear, I am not suggesting
that these are, per se, antisemitic message. I
am referring to it to see if you agree that
there were quite a number of exchanges
between you during this period.
A. There were a number but I wouldn't say
that it was a large number.
Q. Quite a number. I cannot put a number
on it.
A. Okay.
Q. Could we now have a look at one of Mr
Land's writings? This is in bundle 7, which I
do not think we have ventured into yet. It is
tab 349. Do you have that?
A. Mm hmm.
Q. Now, this is a blog post or it is his blog
and it is an article and it is by Nick Land
called "Hyper-Racism" from 2014. It may
be easier and quickest if you read it very
quickly, and my Lady as well to yourself and
I just want to ask you two questions about it,
particularly focusing on page 5481.
A. Mm hm. Yes, i am prepared to answer
questions on this topic.
Q. Now, the first three paragraphs - I am
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going to summarise how I interpret those and
ask you if you agree. They seem to show
that he does not like what he calls the
antiracist position taken by mainstream
liberal democracies, in other words that all
races are equal and none are superior. Do
you see? He says, "This amounts to a
programme for global genetic pooling", in
paragraph 3, and he describes such a race
equal society as a homogenous intermixture.
Is that a fair summary?
A. I don't know, to be honest. His first
statement suggests that he is - well, it rejects
in a way what he describes as ordinary
racism. He says he doesn't find that
interesting. He concedes that there is - that
races do exist and there are differences
between them and he says that the politically
incorrect position is more realistic than the
politically correct position on this matter.
That's what I understand from the first
paragraph.
Q. And A. And Q. Sorry, go on.
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Q. Well, he might do but racial
identitarianism, which is the phrase that he
likes, envisages what he calls a conservation
of comparative genetic isolation.
A. I am sorry, I am not sure where this is.
Q. Paragraph (g). This is an argument for
treating races differently, is it not?
A. I am not sure that he is advocating this as
a position. I think he is describing a position
which exists.
Q. If you turn over to 5482, in the middle
paragraph by the first hole punch, he says
this: "The genetically self-filtering elite is
not merely different - and becoming ever
more different - it is explicitly superior
according to the established criteria that
allocates social status."
A. Mm hmm.
Q. These are just extreme racist ideas, are
they not?
A. Well, he is talking about the existing elite
and its patterns of assorted mating. He is not
necessarily identifying himself with the elite.
It is the case that people in, for example, the
upper class, tend to marry and have children
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A. In the second paragraph he again
reiterates his critique of what he calls
ordinary racism and he says that in the future,
the genetic diversity of humanity is going to
increase, actually, because of technological
advances. And then he goes on to explain
what he means by that. This is what he calls
"hyper racism". This is a phenomenon that is
developing. It develops as a consequence of,
for example, gene editing technology. It
already exists in terms of assorted mating.
Nick Land is a Darwinist. He does believe in
the Darwinistic view of biology and he thinks
that that extends to human beings as well.
Q. And to race?
A. A race is a population group so, you
know, it is true that human beings are
biological in some form. Darwin does not
have a conception of inferior or superior
according to any kind of moral conception.
Q. Well, we are talking about Mr Land here
not Mr Darwin.
A. Well, Nick Land's positions are derived
from Darwin and Nick Land would define
himself as a Darwinist, I think.
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with other people in the upper class. Nick
Land thinks that that has a biological
dimension to it. He says, "superior according
to social status. This is his conception of
superiority. I think what Nick Land is
describing here is a reality that does exist. I
don't think that he is advocating for it as
extremist position, I think it is the case that
this is something which is happening in our
world, right now.
Q. Can we go back to the WhatsApp
messages at this point, I don't know, you
probably haven't got that open. Bundle 5,
131. It is page 3872, the page that we were
on before?
A. I'm sorry, what is the tab?
Q. Tab 131.
Q. And the page?
Q. Page 3872.
A. Yes.
Q. So, just after the bit we looked at, where
you mention the book that you are working
on, on Neoreaction and Mr Stokoe. In
between the two hole punches, Ms Power
says to you, "I think at some point we need to
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read Mein Kampf properly."
A. Uh-huh.
Q. She says "Seriously!". You say, "I keep
a copy in my study of course." Now, I don't
think anyone in this room needs to be told
what Mein Kampf is, but just in case, let's
call it for short, Hitler's manifesto which
described the process by which he became
anti-Semitic and outlined his future plans for
Germany, including the extermination of the
Jews ultimately. Do you agree with that?
A. Yes, I do. I haven't actually read Mein
Kampf properly, it is obviously a very
important historical document, precisely to
understand how this terrible thing happened.
This is why I have a copy of it.
Q. Can we just look at your reply in bundle
1?
A. Mm-hmm.
Q. Which is tab 9, sorry to jump about.
A. Tab 9?
Q. Tab 9, page 260.
A. I'm sorry, I'm a little bit confused.
Q. Bundle 1, sorry, not the same bundle.
A. Tab 9, page?
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A. I have written criticisms of Hitler, I call
him a criminal psychopath.
Q. Where are the copies of the writings?
A. In my writings for IM 1776 I often
criticise Fascist and Nazi positions. I can't
tell you precisely where they are in our
bundles from the top of my head. The article
I wrote Must We Burn Back contains
criticisms of Hitler in which I respond to
people who I think are taking an irritatingly,
somehow blasé, attitude towards, you know,
the reality of what the Nazis were. I have
other dialogues that I have done with people
who do identify with the Right, unlike
myself, I have never done so.
Q. You haven't disclosed any of this in this
action?
A. We have disclosed numerous articles that
I have written, in which I do deliver these
criticisms, my criticisms are available.
Again, I don't know where they are in the
bundles, but I refer to the disclosure of the
articles that I have written.
Q. I am going to just ask you to look at one
more reference before the luncheon
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3 October 2023
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Q. Page 260.
A. Mm-hmm.
Q. At the paragraph at the bottom, 18.9.K,
you are responding to the defence which has
at this point referred to that reference to Mein
Kampf, do you see?
A. Uh-huh.
Q. You say, both of you say that you "...
considered reading Mein Kampf important in
understanding the ways in which pathology
becomes entangled with political ideology."
Then it says, "The First Claimant has written
criticisms of Hitler along similar lines?"
A. Yes.
Q. Now, I have got two questions -A. Uh-huh.
Q. First, you have said you have just now,
you haven't read Mein Kampf?
A. I have read some of it.
Q. You said you hadn't read it?
A. Well, in this case I misspoke, but I have
read some of it but I haven't read all of it.
Q. The second question, where are copies in
your disclosure of your written criticisms of
Hitler along similar lines, if at all?
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adjournment. That is back in bundle 4,
please.
MR WALKER: Must we Burn Back is in the
bundle at 315, I am told.
A. Uh-huh.
MS EVANS: Bundle 4, tab 106.
A. I'm sorry, can you tell me the tab again,
please?
Q. Yes, 106. Page 3161.
A. Yes.
Q. This is another Twitter account that you
were following?
A. Uh-huh.
Q. Correct?
A. Uh-huh.
Q. Depopulator 100%?
A. Uh-huh.
Q. I am just interested in its description of
itself there, 100% European DNA, hashtag
Neanderthal. There is a theme emerging
here, isn't there, from these accounts that you
follow?
A. I followed a number of different
accounts, you have obviously selected the
ones precisely in order to attempt to create
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the appearance of a theme. I would say this
account is an account which is again
representative of a certain kind of online
Right position. I was interested in
understanding what the online Right was and
what it believes in and I think this is again a
representative of that, at least to some degree.
I think that if you read his description, it is a
little bit strange what he could mean by this,
Esoteric Thielo-Bannonist Neanderthal, I
don't know what that means. You know,
100% European DNA Neanderthal, what
does that mean? I don't really know, to be
honest.
Q. Well, my Lady, I think if that's a
convenient moment because I can move on to
something slightly different.
MRS JUSTICE COLLINS RICE: Thank
you. We will break now and return at 2.00. I
have to remind you that you are, you remain
on oath over the adjournment and you must
not discuss your evidence with anyone. Talk
about something else over your lunch.
A. I understand.
(12.57)
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example, the first paragraph looks a bit paler,
that is red; then it is black, then it is red and
so forth. Now, luckily, we do not need to get
involved in the content. I want to ask about
it for a particular reason. So, this document
which has been the subject of some inter
partes' correspondence recently, you have
admitted through your solicitors, consists of
text which comes from you and comes from
Ms Power, correct?
A. And also, others.
Q. In the letter, which I think we should look
at from your solicitors, which is bundle 1, tab
38, page 759 -MRS JUSTICE COLLINS RICE: Now, I
very much fear that I do not have this.
MS EVANS: It sounds like your bundle has
not been updated. I know you do not want
more documentation, but -MRS JUSTICE COLLINS RICE: I want the
right amount of documentation.
MS EVANS: We will get a copy and hand it
up now.
MRS JUSTICE COLLINS RICE: Thank
you.
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3 October 2023
Page 95
(The short adjournment)
(14.01)
MRS JUSTICE COLLINS RICE: Yes?
MS EVANS: My Lady, can I just hand up
that missing tab, 5A, to you with the original
particulars of claim?
MRS JUSTICE COLLINS RICE: Thank
you.
MS EVANS: (To the witness) Mr Miller, I
want to ask you about one last point arising
in relation to ParallaxOptics and Mr Stokoe.
If you could take bundle 6 this time, please, it
is tab 206 and it is page 4563. Now, this is an
article, or a blog post called, "CULTS II" -A. Mm-hmm.
Q. -- which you will be familiar with. It was
posted on the ParallaxOptics website, which
is Mr Stokoe's website, is it not, from
February 20, 2019. Now, unfortunately this
is a black and white copy, but I think you can
see from the contrasting darker and paler text
- and I am saying for my Lady's benefit that this is a dialogue reproduced here. There
are red bits and black bits, representing two
different people. So, you will see for
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MS EVANS: What is the last number that
you have on that tab?
MRS JUSTICE COLLINS RICE: Well so, I
have the material at tab 39, which starts at
765, but before that I have skeleton
arguments...
MS EVANS: So, you do not have anything
in tab 38?
MRS JUSTICE COLLINS RICE: No.
MS EVANS: We will get you a full ...
MRS JUSTICE COLLINS RICE: Thank
you.
THE WITNESS: I am sorry, which page am
I searching for?
Q. You should be looking in bundle 1, tab
38, page 759.
A. Right.
MS EVANS: We will get that tab sorted for
you. We will just wait for Mr Miller to find
it.
A. Yes.
Q. It is right towards the end of that tab. So,
this is a letter from your solicitors on 10
August 2023, Patron Law and it is a reply to
Mr Turner's solicitors who had asked about
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this article and had put to your solicitors the
theory that this article was an exchange of
dialogue between you and Ms Power, okay -A. Mm-hmm.
Q. -- following the red and the black pen.
And the response was this, "We have now
taken instructions. We are instructed that the
document was not prepared by our clients.
However, some of the black text belongs to
Mr Miller and another, while some of the red
text belongs to Ms Power and another. We do
not know the identities of these third parties,
nor can we identify which specific text was
from our clients. The resulting text is
therefore a composite authored by the blog
author himself and not by our clients". Now,
I have to confess, I do not understand what
that letter is saying.
A. Mm-hmm.
Q. And perhaps you can help us, but how
could your words have been used in an
article on the ParallaxOptics blog without
you knowing it?
A. I think this formulation is not quite
precise. Also, I agree with you. The
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reasonable and more provocative dimension.
There was a period of time where I wasn't
really in contact with him, following the
suspension of my Twitter account. I came
back on Twitter. I had this text, I thought I
might as well send it to him.
Q. Will you just help me with this, going
back to the solicitor's letter, 759. The last
sentence says, "The resulting text is therefore
a composite authored by the blog author
himself". Who was the blog author?
A. I think this statement is not accurate. I
composed the text, actually, myself, so, I do
admit that I -Q. So, you are at least one of the blog
authors?
A. Yes.
Q. Was Mr Stokoe involved in editing it?
A. I don't believe he was, no. And I also
don't recall him participating in the dialogue.
Q. But the reason I am asking you about
your involvement in this article and about
your various interactions with ParallaxOptics
and Mr Stokoe, between 2017 and 2019 in a
bit of detail, is because you have gone out of
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3 October 2023
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dialogue was actually prepared on a
programme called Rise Up. It is a software
programme on the internet. Different people
can collaborate on in order to create a single
text. It features myself, also Ms Power, also
some others, discussing the phenomenon of
cults. When I created a new account to
respond to your client's allegations that I had
written a Hitlerian Disability Politics article,
I had this text and I sent it to ParallaxOptics
and he published it.
Q. This text here that we see?
A. Yes.
Q. And were you aware that on the day that
this was published that Ms Power retweeted a
link to it?
A. Yes, I think I was aware, yes.
Q. So, you did not mind that your text was
being published on the ParallaxOptics site?
A. I think that ParallaxOptics's blog was a
significantly more civilised piece of work
than his Twitter account. In general, in terms
of my interactions with him, I did want to
encourage him in his more reasonable and
thoughtful dimension as opposed to his less
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your way in this action to try to distance
yourself from the ParallaxOptics Twitter
account and your friendship with Mr Stokoe.
I suggest, to make it look like you had
limited interaction with him and his
antisemitic views, correct?
A. Well, I think you have gone out of your
way to bring us together I would say I have
described our relationship accurately. As I
said, I met Mr Stokoe in February 2017. He
had definite right-wing positions. I had
never encountered them before. I was
interested in learning what they were in this
context. We began a dialogue. He was also,
as I said, the student of my friend, John
Cousins, who is an academic who works in
arts education. I met him in Haiti, so we got
another connection through this.
Your inferences appear to be that myself and
Mr Stokoe shared similar views and this was
never the case. I was interested in
understanding what his views were. Around
September 2018 it was fairly clear that our
dialogue had run its course. I was becoming
increasingly just actually bored by our
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discussions because I think he was
committed to these positions and he wasn't
going to proceed beyond them. Also, I was
speaking to Nina now and, to be honest, I
found that conversation much more
interesting. I don't share the views that Mr
Stokoe has. I never shared his views. I agree
that he has made extremely annoying and
even abhorrent statements from his
anonymous Twitter account. I was also
profoundly annoyed by them. The fact that
he would not stop making them is actually
also what led to the end of our acquaintance
but I would also note, and this is not
irrelevant, I think, that at the time I knew Mr
Stokoe both of his parents were dying and
subsequently did die within a short period of
time at the same time. I did take that into
consideration, actually, also in terms of my
interactions with him and that was a factor in
my thinking.
Q. We have seen one instance of your
distancing yourself and that was the deletion
of the abhorrent antisemitism admission.
A. I am sorry, I don't agree that that is an
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in order to be provocative. He did not make
those to me personally in the context of the
real world. I would ask what I as a Jewish
man am supposed to do when I encounter an
antisemitic statement. Should I condemn the
speaker instantly and sever all contact with
them? It seemed to me that it was more
reasonable to attempt to encourage the better
angels of Mr Stokoe's nature. I think that I
was not ultimately able to do that to a
particular profound extent but that was
nonetheless my motivation. Your inferences
are that I am improperly attempting to
distance myself from him and I would say
that that is not true. I was always very
distant from him in terms of our different
beliefs and our different views.
Q. Can we just look at your pleading on this
point because to be fair to you, it is only fair
to let you see it. It is your amended reply at
tab 9 in bundle 1, page 244, paragraph 11.3,
which is the long paragraph that starts on
page 243. I am sorry, I will wait for you to
find it. So you see what this is, it is you see
at the start of 11.3 it says, "As to paragraph
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3 October 2023
Page 103
instance of what you claim that it is. As I
pointed out, I regularly deleted my tweets. I
simply deleted my tweets because I wished to
delete my tweets.
Q. No, sorry, we are at cross-purposes. I am
not talking about you deleting your tweets. I
am talking about you deleting the paragraph
in your pleading that had admitted that
ParallaxOptics' account was abhorrently
antisemitic.
A. I believe that we deleted this paragraph
because we abandoned our claim of
harassment.
Q. That is correct but the defendant
maintains his allegation about you consorting
with an antisemitic attack and you did not
reinstate it. All I am putting to you is that
that is one instance of you trying to distance
yourself from him because of the implication
of it for you in this case, which is the natural
reason that you were willingly consorting
with somebody who was antisemitic.
A. I don't actually think that it is precise to
say that he was antisemitic. He made
antisemitic statements upon occasion, I think,
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14.10.1". That is a paragraph in the defence
which, in fairness to you, you should look at,
so go back to tab 6 and it is page 92. Tab 6
of the same bundle, page 92.
A. I do not have a page 92 under tab 6. Oh,
I am sorry, one moment.
Q. So, it is a left-hand page.
A. Okay.
Q. So, it's the long 14.10.1 - do you see
that?
A. Yes.
Q. In that paragraph, which is a particular of
Mr Turner's defence of truth and honest
opinion, it mentions the fact that
ParallaxOptics was operated by Mr Stokoe
and that he was until that time a friend of
yours. It says that you shared similar far
right ideological views with him and it says
various other things, and if you look, you
will see it refers to a part 18 response of
yours. That is in response to a request for
further information, which I will come on to.
So, if you go back to tab 9 - I am sorry, it is
a bit of jumping about there - page 244, you
will see from the whole sentence it starts to
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deal with the allegation of him being a friend.
It denies it. Says that you interacted with the
account occasionally, initially in response to
its views about art and later to challenge its
reductive political position and racist and
misogynistic statements. It then says this:
"The First Claimant and the second Claimant
were willing to talk to Mr Stokoe but there
were many points of disagreement between
them and they were not friends." Now, we
have seen, have we not, that you socialised
with him, so it is a slight misrepresentation is
it not to say there that you were willing to
talk to him? Correct?
A. No, I don't think so.
Q. If you drop down, it says, "The First
Claimant's attempt to work with Mr Stokoe
on more intellectual material was a last
attempt to steer him away from his reductive
views." What was the more intellectual
material?
A. This is the new reactionary material that I
was encouraging him to compile into a book.
Q. And then just for completeness, the part
18 response that I mentioned is on at tab 13,
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similar unsympathetic views about his ideas
and we state that exclusively. I say, "I want
to somehow get you out of your selfdefeating position but it's very difficult". I
state that. That was my view. This is early
October. Okay, an error there; I remembered
it as September. This happened five years
ago.
Q. And then we also have the Cults II
publication which we have just looked at on
his website, which was February 2019.
A. Mm.
Q. And then you started to refollow him in
February 2019 on Twitter, did you not, when
you opened your new account? We looked at
that this morning.
A. Well, either he started to follow me or I
started to follow him. I don't know what
happened first.
Q. So, not only does it show that that answer
in your part 18 was not correct about when
you stopped interacting with him but it does
beg the question as to why you have not
disclosed any of your communications with
him over the whole relevant period: tweets,
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3 October 2023
Page 107
page 284, paragraph 683. It talks about you
meeting him on approximately four
occasions at which you expressed
disapprobation from his Twitter accounts and
it says that you concluded that his purpose
online was transgressing taboos and that
therefore further discussion was pointless.
A. Mm hmm.
Q. And it was your case there that after
September 2018 you had no more contact
with him.
A. I had much more limited contact with
him. As I said, both of his parents were
dying and so I had no particular desire to
create a breach and add to his issues in that
regard.
Q. But we have seen, have we not, from the
WhatsApp messages that on 7 October you
were meeting him to discuss the ongoing
book?
A. I say September here. In fact, it was
October. My memory was faulty in that
regard, but it was around this time. You can
see from the WhatsApp exchange that I had
with the second claimant that we share
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WhatsApps, emails, anything electronic, any
drafts of the book. You must have
communicated with each other, correct?
A. Well, we communicated mainly on
Twitter. I lost all those messages when my
account was suspended. The book that we
were compiling we were compiling on his
computer, so he has those files. Those files
consisted of material that has already been
published on the internet. LD50 around this
time actually published their own book
compiling new reactionary material, so in a
way that rendered this project moot.
Q. When you arranged to meet with him,
how would you arrange it?
A. I think that I would message him on
Twitter. I don't really remember, to be
honest.
Q. Not WhatsApp?
A. I never had his WhatsApp.
Q. And not email?
A. No, not really, no.
Q. You see, in your solicitor's letter about
your disclosure this last summer - I do not
think we need to turn it up but it is bundle 1,
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tab 38, page 730 - my solicitors had asked
your solicitors why you in this time have not
disclosed any documents related to a list of
named people, ParallaxOptics, Jack Stokoe
was one; Nick Land, Justin Murphy and a
variety of people, and the only answer that
came back was, literally, "Our client" - about
ParallaxOptics and indeed about all of them
but, "Our clients have nothing further to
disclose" and in answer to my solicitor's
request for an explanation as to how it was
that there was nothing to disclose, given that
we live in the electronic era, there was no
explanation. I suggest that it is inconceivable
that you did not communicate electronically
with Mr Stokoe and a range of the other
people whose names feature in the pleadings
in this case, and that you ought to disclose
them and you deliberately have not.
A. Well, as I said, I communicated with Mr
Stokoe through Twitter whose messages
were lost when my account was suspended. I
never communicated with Mr Stokoe with
respect to your client and I did not have
extensive interactions with him in terms of
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took place, we did stop communicating
electronically to a large degree.
Q. To a large degree?
A. Well, we would still sometimes
coordinate in terms of, for example, we
practised yoga regularly but we never
coordinated with respect to anything to do
with your client and we ceased to have long
exchanges as well because first of all we saw
a lawyer at the end of October 2018 and he
advised us with respect to this forthcoming
libel action against your client, not to discuss
things electronically, precisely because that
would create a record that would be disclosed
in the event of a trial. I was also tired,
actually, of electronic messaging in general
at this point. I think that it is a highly
deranging phenomenon. I was understanding
also the extent to which I myself was
deranged to some extent by my participating
in this medium, so we tried to restrict
ourselves to speaking in person. I think
around this time or maybe later, Nina
actually attempted to arrange a meeting for
people to take - to meet in newer space and
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exchanging ideas online except for the lines
that are already presented in the Twitter
record that you have disclosed. I appreciate
your desire to make Mr Stokoe a central
feature of this case. From my perspective he
is not. He made one reply to your client
ever. Your client subsequently reported him
to the police as I understand it from the
disclosure that you have also provided. Your
interest in connecting me to Mr Stokoe is I
would say even stronger than my interest in
dissociating myself from him. I had
interactions with him. We had
conversations. We never shared views. I do
not know what else I can tell you about this.
Q. Also, completely missing in the case is
any documentation apart from the WhatsApp
messages at tab 131 between you and Ms
Power showing communication between you
and Ms Power. Did you never communicate
electronically with her other than on
WhatsApp between 29th or 28 July 2018 and
25 October 2018?
A. Subsequent to the period in which our
WhatsApp messages that we have disclosed
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have conversations in this hall, because
ultimately the electronic medium is a very
bad medium for discussing ideas.
Q. I am going to put to you what my client's
case is in relation to ParallaxOptics and Mr
Stokoe before I move on to the next topic.
You employed a close association with
Stokoe between 2017 and 2019. Correct?
A. No, I don't think that's correct.
Q. You both shared views and ideas which
any honest person would describe as extreme
or far right and antisemitic.
A. No, I completely reject that.
Q. You knew that it would be damaging for
your libel claim in this action against Mr
Turner for the nature of your relationship
with Mr Stokoe and your shared interests to
be revealed, did you not?
A. No.
Q. You knew this because you knew that it
would look like you were also antisemitic at
the time you were interacting with Mr Stokoe
of ParallaxOptics.
A. I do not understand how it is that you
able to so repeatedly characterise a Jewish
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person as antisemitic when you don't have
one single piece of evidence suggesting that
except for the fact that I spoke to at different
times people who did have these views,
which I have admitted.
Q. Antisemitic is indeed what Mr Turner
concluded in 2018 after you started targeting
him, which I will be coming on to shortly.
Before that, could you please go back to the
WhatsApps at bundle 5, tab 131?
A. I am sorry, bundle 5?
Q. Bundle 5, 131. And it is page 3724.
A. Yes.
Q. Now, these are your WhatsApp messages
with Ms Power on 5 August 2018 at nearly
11.30 at night. Right at the top you say to
her, "Did you ever read Kevin McDonald
Culture of Critique? He's probably got the
most sophisticated antisemitic theory". Now
your solicitors have admitted in
correspondence on your behalf that Kevin
McDonald, who is an American, was or is
antisemitic.
A. Well, of course. I say that myself. He has
an antisemitic theory.
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he not?
A. I really have very little knowledge of
Kevin McDonald. I know that he is popular
amongst antisemites precisely because of his
sophisticated antisemitic theory, which
Cofness refutes, as I say.
Q. You seem to be quite keen on
recommending books you have not read.
A. I don't recommend his book. I merely
ask whether Nina has read it.
Q. I suggest that usually, if somebody says
that something is sophisticated, it is because
it is something you admire.
A. No, I think that's not the case. Chemical
weapon is sophisticated. It is not something
you would admire. It's a description of his
theory. It doesn't make it admirable.
Q. Since people in this court seem to find
this quite funny, can we have a look at
18.9(a) of your reply, please, at tab 9?
A. I am sorry, which bundle?
Q. Bundle 1, tab 9, 258. Now, this is your
reply to the defence where the defence has
referred to this reference by you to Mr
McDonald's sophisticated antisemitic theory,
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Q. What did you mean by the most
sophisticated antisemitic theory?
A. I never read Kevin McDonald. I've read
only Cofness's critique of him so my
presentation of his theory is necessarily
incomplete. As I understand it, Mr
McDonald presents a theory of what he calls
"evolutionary group selection" in which he
claims that Jews become involved in various
intellectual and political movements in order
to advance Jewish group interests. He
identifies, I believe, psychoanalysis and some
form of anthropology and I think probably
also Marxism as examples of this. Cofness
critique's this theory and refutes it as I go on
to say. I think that Kevin McDonald's theory
is probably the most sophisticated antisemitic
theory. He does have a theory. Most
antisemites do not actually have any kind of
theory; they simply are antagonistic towards
Jews. This is what I meant by that statement.
Q. Mr McDonald, or Professor McDonald
gave evidence though, did he not, in the
David Irvine libel trial in support of David
Irvine and he was or is a holocaust denier, is
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and your explanation in 18.9(a) is, to be
charitable, rather difficult to follow. You say
that most theories of antisemitism are
simplistic and crude. You are contrasting his
there. His was more developed and
considered than is usual. But how can you
say that if you haven't read it?
A. I have read Cofness's description of it.
Cofness provides in the context of his
critique as is normal scholarly procedure, a
description of the position that he is
critiquing.
Q. But is antisemitism per se not simplistic
and crude?
A. Antisemitism is an extremely complex
phenomenon. As I say, it does span the
whole history of western civilisation.
Ultimately, you can trace it back to St Paul
and to the evolution of Christianity which
separates itself from Judaism at its inception.
I, myself, have conducted research on this
point when I was working for the Jewish
Renaissance Movement in Poland. I
interviewed a number of Jewish academics
and we discussed these topics. Antisemitism
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is incredibly not simply crude. It is
something which is in the DNA of western
thought and it should be understood, and it
should be understood critically. I do believe
that.
Q. What exactly do you mean by, "It's in the
DNA of western thought"?
A. Well, as I say, Christianity is created
through a separation of the new Christian
message from the Jewish site from which it
emerges. So, if you went to look at
antisemitism you also have to look at the
history of Christianity and how antisemitism
develops through history is an extremely
complex phenomenon because subsequent to
the climb of Christianity, antisemitism begins
to take on new forms. It becomes, for
example, much more biological and this is a
phenomenon that happens in the 19th
century.
Q. Forgive me, I have understood
antisemitism in effect to be a theory that
Jews are inferior to non-Jews, specifically
Christians. Does that not rob Jewish people
of their individuality to even talk about them
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He is in those echo parenthesis again, is he
not?
A. Yes, he is Jewish, like myself.
Q. You also say a bit further down - well,
only two lines down: "Many things that one
could say about this topic ultimately but of
course it is not so easy to discuss." I suggest
what you mean by that is that you know that
talking about antisemitic ideas is not
something that is regarded as acceptable in
our society.
A. I am saying what I mean, which is that
antisemitism is a very complex phenomenon.
If we want to talk about antisemitism, I think
we should talk about antisemitism. We
should try and talk about it in a sophisticated
way. As I said previously, WhatsApp
conversations are probably not the medium
for doing that. I am not sure whether you are
attempting to say that antisemitism is not a
complex phenomenon.
Q. I am not debating with you. it is not a
symposium on it.
A. Okay.
Q. What I am going to put to you is that you
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in that way?
A. Forgive me but I don't think that this is
what antisemitism actually is. Antisemitism
is a much more complex phenomenon.
Q. Antisemitism is not a theory that Jewish
people are inferior?
A. No, it's not the theory. It is the theory,
for example, of - a Jewish world conspiracy
is one of the most prominent antisemitic
views. This is not a question of inferiority or
superiority. If you look back to how
antisemitism features in the mediaeval
period, it has nothing to do with superiority
or inferiority. It has to do with certain kinds
of metaphysical and cultural divisions that
are existing within this society in terms of the
revelation of Christianity. This is a 200year-old highly complex history of
psychological economic, social, cultural,
religious dimensions. It's a very complex
phenomenon.
Q. Could you just look at page 3724 again,
which is where Mc Donald is referred to?
A. Mm hmm.
Q. You have mentioned Nathan Cofness.
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have been caught out here. These WhatsApp
messages which were disclosed very late in
the action with no explanation again as to
why they weren't disclosed when they should
have been, have caught you out because they
reveal that you are engaging with and
endorsing antisemitic ideas and proponents
of them.
A. They reveal no such thing. I endorse in
this discussion only Cofness's critique of
Kevin McDonald's books. I don't endorse
any antisemitic ideas. I oppose antisemitic
ideas, but I want to understand what
antisemitism is. I have spent quite a lot of
time thinking about this topic.
Q. I am sure you have. Can we have a look
at page 3725?
A. Well, if I may finish, I did research the
topic of antisemitism when I was working for
the Jewish Renaissance Movement in Poland,
which was an art project which was created
by an Israeli artist named Ial Bahtina[?]. As
a Jewish person myself, I do wish to
understand what antisemitism is and how it
manifests itself. I also want to distinguish
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what antisemitism is from what some people
claim that it is and actually if possible I
would like people to not be antisemitic and I
understand the best way of moving them
away from this position is not simply to start
saying, "You're antisemitic" but to
understand how it is that these positions are
formed. These positions are formed as a
consequence of a very complex triangulation
of ideas, which are very deep in the society
that we live in.
Q. Can we go on to page 3725, which is the
next page? Right by the first hole punch this is 5 August, the same day, about 15
minutes later. You say, "Only Land is really
worthy." That is Nick Land, is it not?
A. Mm hmm.
Q. You see, what is surprising about finding
that in there is that in the original reply at
17.2, which you will find in tab 9, page 241 it is crossed out but you can read it - do you
have that?
A. I am sorry, which page?
Q. 241.
A. Hmm.
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Q. Could we please go forward to 3746 in
the WhatsApp messages, if you still have that
open at tab 131?
A. Mm hmm.
Q. So, just below the second hole punch, on
16 August at 1434 you say to Ms Power,
"Good blog post here, quite comprehensive"
and then you include a link. Now, that blog
post, which I am going to ask you to look at
is in bundle 9, tab 423. This is a blog post A. I am sorry, bundle 9?
Q. I am sorry, it is bundle 9, tab 423.
A. Okay.
Q. Do you have that?
A. Yes.
Q. I am sorry, obviously the uploading has
completely failed.
MRS JUSTICE COLLINS RICE: I think I
am probably missing the whole of 422 to
428.
MS EVANS: The only ones I need at the
moment are 423 and 4, so I will give you
those.
MRS JUSTICE COLLINS RICE: Thank
you.
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Q. This is paragraph 17.2. You say: "The
first Claimant interacted with ParallaxOptics
to challenge its reductive positions on a
variety of issues, its endorsement of Nick
Land, its misogyny and racism". But what
we have just seen when you say, "Only Land
is really worthy" is an expelling[?] of Land.
It is not a challenge.
A. I don't think - or rather, what I meant in
this context is that only Land is even worthy
of critique. "Critique" is the appropriate
mode to discuss a philosopher. Anyone who
is simply endorsing the views of any thinker
is, in my opinion, not reading him properly.
I do believe Land is worthy of critique. I
think Land is an extremely influential
philosopher. I appreciate that to an audience
who is not familiar with his work you are
compelled to attempt to present him as a
raving audiologue but this is simply not the
case. He has been extremely influential
across the political spectrum for many years
and it is worthy to criticise him and to
critique him and to take him seriously as a
thinker. I do believe that.
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MS EVANS: Now, this one at 423 is an
article or a blog post by a writer called
Nicholas Wade, and it is called "Widening
circle of empathy, the final frontier" and I am
afraid I have to just take you through a little
bit of this to ask you about your
recommendation of it as being "good blog
post here, quite comprehensive". So, starting
on page 4261, he introduces it by setting it in
a town in Hungary, making the point that that
town, which is 1000 years old, has just
applied for the coveted European Capital of
Culture but they were turned down and the
bottom paragraph quotes from an apparent
explanation as to why they were turned
down: "There were too many happy white
people and crosses and not enough
migrants." According to the EU experts. So,
he takes this theme and develops it, perhaps
in a fairly predictable way. If you turn the
page to 4262, he then cites another example
of the modern European Union or Europe by
saying that the French football team are full
of black players, at the top, and then he says
in the middle: "Steven Pinker has written at
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length about the widening circle of empathy.
We at TWCS believe that it has four phases
and that certain Western countries have now
entered the fourth and terminal phase, the
desire for self-replacement." He says, "On
what do we base this claim and if true where
does it come from? How do we know when
it's approaching? Is there anything we can
do to stop it?" And then he lists the three
stages, the three with the fourth to come.
"Our research" - this is the bottom of 4262 has led us to believe that out-group altruism
goes through four phases: the clan", which is
enmity towards all outside one's clan; the
ethny, trust for all in one's own ethnic group;
multiculturalism, which is trust for alien
ethnic groups, "[most Western countries are
here]" and 4, "Ethno-suicide, a wish for selfreplacement by alien ethnic groups." And
then he goes through and develops each of
these phases or stages and when you get to
4265 he seems very happy with one, as it
were, the existing clan, two he can live with.
Three, "Multiculturalism where we trust
alien groups. Current example, Anglo-
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terminal phase we call on them to replace
them." And then he divides that into some
other subheadings below. Below that. at the
bottom: "We are encouraged to replace
ourselves with immigrants". That is the first
complaint. Page 273: "We are encouraged
to out marry." He says: "One interesting
aspect of plain old multiculturalism was the
quite forceful propagandising required to
make people accept it. Not that we would
use the word as a pejorative. Antismoking
propaganda in the US in the 70s on for
example has been hugely successful in
stopping this harmful habit. Nonetheless, the
images used and diversity campaigns have
greatly evolved. In the past they were often
of, say a multi-racial group of friends or a
black family interacting with a white family.
The new diversity images are altogether
different. We now have advertisers, TV
shows, etc. spurring on Euro-descended
people to marry outside their group." And so
it goes on.
At 4277, the next feature, apparently, is the
fourth phase. We are told to feel contempt
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Scandinavians, Germanics." He says, "The
third phase of the widening circle of empathy
where much of the West has arrived today, is
that of extending trust to alien out-groups,
the more alien the better. When did this
change come about?" and he goes on to talk
about changes in immigration policy and
then he sets out his study in relation to
different countries. And at 4267 he is at the
UK. He says, "In the UK, non-white
immigration", because that is what he is
talking about, "was very low until the 1990s"
and then he says at the second hole punch,
looking at the stats, "Who are all these
foreign born? Non-whites lead the charge".
Then if you turn to 4269 we have the Final
Frontier of self-replacement, phase 4. He
says at the bottom: "Multiculturalism we
have just seen is a welcoming of alien ethnic
groups". Turn the page: "But where is the
line between multiculturalism and selfreplacement? It seems there is a slow
evolution. First we welcome in alien groups.
Then we start to offer them perks that we do
not offer our own groups. Lastly, in the
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for our own ethnic group. And then the
fourth on page 4280, we are erasing
ourselves, apparently, from our own history.
And the last reference on 4286, this question,
"Where will it end? We have seen some
compelling evidence that multiculturalism in
the West is metastasising into a kind of
ethnic self death wish. Have we seen this
before and where did it end" and so forth.
Now, you say that is a good blog post, quite
comprehensive but that was an unashamed
expression in that blog post of the great
replacement theory, white supremacism,
whatever you want to call it, was it not?
A. Well, I think we should be precise about
what we are going to call it. I would say also
your previous comment that the writer
complains about the French football team
having too many blacks is not actually a
statement that I read on this, I read here. He
quotes from the Anti Defamation League,
actually, celebrating the diversity of the
French national team. I said that the blog
post was good because comprehensive. I
think it's a comprehensive -
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Q. Sorry, because what? I did not hear.
A. Because comprehensive. It's a
comprehensive statement of the HPD
position. It's not clear that Q. HPD is human biological diversity, right?
A. That's correct. Myself and Nina were
discussing the ideas of the right in general.
This is what we are doing in the context of
our chat here and this is an idea which they
do believe in, and I think this is an idea
which we should discuss and I don't know
exactly what to say about this blog post
myself. I think the question is whether the
facts that it presents, are they true or not.
Q. So, you read this one, did you?
A. I did read this, yes.
Q. Human biological diversity is a theory
promoted by Nick Land, is it not?
A. Yes, he endorses this theory.
Q. It is a euphemism for eugenics, I suggest
to you ...
A. No, that's not correct. It doesn't have a, it
doesn't have any kind of a project attached to
it, it is an attempt to describe the diversity,
the biological diversity of the human world.
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tab, please, in the WhatsApp messages. 29th
of August 2018, 11:41 in the morning. Now
you are recommending something else to Ms
Power. You just, you say, "Very long piece
on Holocaust historiography here" with a
link. I'd like to just look at that document as
well. It is in the next tab in bundle 9 at 424.
In your -- I don't think you need to turn this
up. In your reply what you say about this
document is that your defence of your
reference to it is that you say you didn't
endorse it, or his views, but you were just
expressing your view that he would be
cancelled for expressing them. Just so you
know what you said about it?
A. Uh-huh.
Q. Now, I don't need to spend as long on
this one but what he is doing in this article,
Mr Unz, is he is looking back at old articles
that posited to varying degrees that the
Holocaust did not happen and that Holocaust
was a hoax and a fake. I think everybody is
familiar with that line of, inverted commas,
"thinking". He spends a lot of the article
criticising the overwhelming power, as he
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Human beings are diverse, human beings are
organised into different population groups,
depending on where they come from. People
from the Andaman Islands have extremely
good lung capacities, for example. This
blog, post claims that there is particular
psychological characteristics associated with
Western Europe to do with the alt group,
marriage in particular, and it suggests that
current immigration policies are an
expression of that. Now, personally I am not
particularly interested in biology and I am
not well placed to respond to these claims on
their merits, but I do think that it is a
comprehensive statement of this position. I
would also add that it doesn't seem to me to
state it in a violent or extremist manner, it is
mainly composed out of quotations, it is
named after a concept from Stephen Pinker,
who of course is a very well regarded
scientist at, I believe, Harvard, it quotes and
cites quite a lot of evidence. So if we want to
reject this, then we can, but I think we
nonetheless have to consider it carefully.
Q. Could you turn to page 3786 of the same
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sees it, of the narrative that the Holocaust did
indeed happen and that six million Jews were
killed, okay? I just want to look at his
conclusions, bearing in mind you are
recommending this.
A. I deny recommending it, but okay.
Q. 6332, the penultimate page. In the
middle of that page he says, as he is coming
to the end of this article. "My growing
realization 15-odd years ago that substantial
numbers of knowledgeable people appeared
to be secret adherents of Holocaust Denial
certainly reshaped my own unquestioning
assumptions on that subject. The occasional
newspaper account of a Holocaust Denier
being discovered and then flayed and
destroyed by the media easily explained why
the public positions on that subject remained
so unanimous." Then he says, if you drop
down to just above that subheading, "For
these reasons, I had grown quite suspicious
and held a very open mind on Holocaust
matters as I eventually began reading books
on both sides of the issue." Under the
heading, "The Future of Holocaust Denial,
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the bottom paragraph. He says, "I have
invested only a few weeks of reading and
research in studying this large and complex
..." the term that you used "large and
complex subject, and my knowledge is
obviously dwarfed by that of the
considerable number of individuals who have
devoted many years ..." to it. Drop down to
the next paragraph, "Any conclusions I have
drawn are obviously preliminary ones, and
the weight others should attach to these must
absolutely reflect my strictly amateur status.
However, as an outsider exploring this
contentious topic I think it far more likely
than not that the standard Holocaust narrative
is at least substantially false, and quite
possibly, almost entirely so. Despite this
situation, the powerful media focus in
support of the Holocaust over the last few
decades has elevated it to a central position
in Western culture." And so forth. That
conclusion that he draws is abhorrently
anti-Semitic, is it not?
A. There are many things you could say
about his conclusion. From my point of view
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A. Well, in fact he can't be cancelled
because he runs his own website and it seems
like nobody can actually cancel him but the
statement that I make is in reference to the
awareness that obviously anybody who does
deny the Holocaust clearly places themselves
beyond the bounds of what is considered
acceptable opinion in contemporary society,
that's I think clear.
Q. I am just going to read to you what you
do say, in fairness. You say at 18.9, and your
reply at page 259, tab 9. You say, "The First
Claimant did not endorse the views of Unz
but was expressing the belief that Unz would
be 'cancelled' (that is, subjected to
widespread
condemnation potentially impacting upon his
platforms for expressing his views and his
livelihood) for expressing those views."
Now, the implication of that, as I read it, is
that you don't think it would be a good thing
if his views were cancelled; correct?
A. I don't have an opinion on it, to be
honest. I think that whether good or not, I
don't know, I don't agree with his views. I
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what somehow interested me about this
article is it actually never occurred to me that
the Holocaust itself had a history and Unz's
article describes the history of Holocaust
denial. I think that the Holocaust obviously
did happen, I think the narrative is probably
actually basically true, it an historical event,
so as with all historical events people argue
about them. But it is also true that the
Holocaust has this status in our culture where
to deny it is illegal in many countries. So, it
is unusual from the point of view of
historical events in that regard. Now, there
are many historical events that you can
actually deny, people used to be able to deny
the divinity of Christ was a heretical crime
and Holocaust denial has a similar status
today. Unz is a Holocaust denier, that is
without doubt.
Q. In your pleading, I can take you to it if
you want, I just told you what it said, it said
that the point you were making, the point you
are making about him is that your warning he
is likely to be cancelled for holding those
views; yes?
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don't know whether it is healthy for the
Holocaust to have this kind of forbidden
status in our culture or not. This is a view I
share with Noam Chomsky, by the way, and
multiple other actually often Jewish
academics. In Israel the discussion is a little
bit different to how it is outside of Israel. It
is an extremely emotive and contentious
topic, that is very clear. It is an horrific
topic, frankly. I don't personally understand
exactly why people are motivated to deny the
Holocaust or why that is an important thing
for some people to do, some people become
extremely obsessed with this topic, I am not
one of them. I don't like reading about
historical atrocities of which the Holocaust is
obviously the supreme example.
Q. Could we please go to bundle 3. You can
keep bundle 5 open, but go to bundle 3, tab
51.
MRS JUSTICE COLLINS RICE: Forgive
me, I was just making some notes. Can you
repeat the reference, please?
MS EVANS: I'm sorry. It is bundle 3.
MRS JUSTICE COLLINS RICE: Yes.
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MS EVANS: Tab 51.
MRS JUSTICE COLLINS RICE: Yes.
MS EVANS: Page 1815.
MRS JUSTICE COLLINS RICE: Thank
you.
MS EVANS: Now, this is a tweet from
ParallaxOpticsthat we looked at this
morning, dated 29th of August 2018. You
will see that he is enclosing a link there to
this same article by Unz, American Pravda;
do you see that?
A. Yes.
Q. On page 1815. If you go back, please, to
bundle 5, tab 131 where we were just looking
at your communications with Ms Power.
A. Uh-huh.
Q. Page 3786, where you recommend that
blog is also the 29th of August, 2018. So, I
suggest, and maybe I am wrong about this,
but it is a bit of a coincidences that you were
recommending the Unz blog by Mr Stokoe,
Parallax Optics, on that day, weren't you?
A. I think this is when Unz published his
blog. It may be that I found this link through
Parallax Optics' tweet. I sent it to Nina
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once would deny religious realities.
Q. Well, that tweet there from Parallax
Optics, the Holocaust one, was one of the
ones which I think you admitted this morning
was abhorrently anti-Semitic. Can we just
turn, please, to the last reference in the
WhatsApp messages for now? 3760 is the
page, so it is back to bundle 5, tab 131.
A. I'm sorry, can you tell me the page
again?
Q. 3760.
A. Uh-huh.
Q. Now, below the second hole punch, on
3760, this is 18th of August 2018 at 2143.
Ms Power says to you, "I wonder if the social
disapproval for 'racism' is a psyop to stop
people realising that there *are* alien and
fairy races?"
You say, "Good take."
A. Uh-huh.
Q. Then, if you drop down a few lines, Ms
Power says, "Also, that black and white were
alien races and very different." Then you say
at the top of the next page, "Yes, you should
not reveal this to most
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because I was interested to know what she
would say about it. As I said, you know, we
are or were discussing the ideas of the online
Right, of which ParallaxOpticsis an example.
You say that I recommended the article, I
don't think I recommended the article, I
merely noted its existence. Parallax Optics'
statement, "Does the Holocaust even real?" I
think is an accurate summary of the question
of the blog post. I think the way in which the
statement is sort of formulated, nongrammatically, is not completely irrelevant
because there is also a question here about
what we mean when we refer to the
Holocaust. I think that it is indisputable that
Hitler murdered millions of Jewish people.
The term "Holocaust" obviously as you may
know, it means burnt sacrifice, actually this
is its literal etymology, it has a religious
meaning. So when people are discussing this
term, they are also discussing it in this kind
of a register and this is one of the reasons
why it is so complex to discuss and I think
also one of the reasons why people are
motivated to deny the Holocaust, as they
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people. That's definitely true - they can't
handle it." If you go to the middle of that
page, still carrying on the discussion, you
then say at 21:47, "Personally I don't see any
reason why this point of view is less
plausible ...", in other words, having alien
black and white races, "... then many socially
acceptable theories which are, in fact,
demonstrably false." The answer from Ms
Power is, "You make a good point!
Absolutely true."
Now, what you and she were discussing there
is your theory that black and white races are
alien to each other, wasn't it?
A. It wasn't a theory, it was in my opinion a
preposterous statement that I was responding
to in a highly tongue in cheek manner by
suggesting that it was a very interesting idea.
I think that, you know, we both thought that
it was a ridiculous idea and this is basically
we were exchanging on at this point.
Q. What we see on 3761, which I read out in
the middle, is another example of you
recognising that there are certain subjects
that don't get spoken about because they are
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Miller & Power v Turner
regarded as being over the line, and racism is
one of them, that's what you mean about "I
don't see any reason why this one is less
plausible than many socially acceptable
theories." You have just said at the top,
"You should not reveal this to most people?"
A. Well, that was a joke because what I was
implying there was, in a way, that this
actually ridiculous statement was somehow
plausible in compelling theory. This is why,
this is -Q. Just look at the bottom line of the page,
3761. You say, "... I think the most
important single insight is the recognition
that one can't speak like this with
everyone, indeed that such spaces as these
must be carved-out of a hostile world and
then defended and protected ... therefore the
history of occultism." So, again, it is a
recognition, isn't it, that you are both
discussing something that is regarded as
socially unacceptable, racism, because you
are discussing it in a way which indicates a
particular view about the difference between
black and white races; correct?
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Athens because he was challenging people's
opinions and he was trying to have open
discussions with them. This is the nature of
human communication, it is possible to
misunderstand things, it is very difficult to
discuss things, it is very difficult to critically
discuss things, you do need spaces in which
people can critically discuss ideas and can
critically discuss ideas also that some people
find reprehensible, abhorrent, highly
problematic, insane, we should discuss all of
those things and we need spaces to do these
things. With Nina, my friend, we have such
a space because she understands what I
believe and she knows that I don't believe
the things that you are imputing to me and I
also trust her mind and we discuss these
subjects critically; we don't endorse them.
The notion that human races are actually
alien races and fairy races is obviously not a
serious statement, we also tell each other
jokes and sometimes we laugh, this is how
we amuse ourselves.
MS EVANS: My Lady, I don't know if
that's a convenient moment, if the transcriber
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A. Our discussion is more complex than this.
Racism is actually frequently discussed in
our society, it is arguably discussed endlessly
in our society. I think in an actually highly
problematic way, I think in a way which
encourages division between races which is
extremely counterproductive. I think it is
certainly true that our society, especially
today, and to a greater extent than before is
structured by taboos, it is structured by lines
that one cannot cross, topics that one is not
supposed to discuss because of the ease in
which people who are motivated to do so can
take discussions out of context, can read
malicious intentions into them, can claim that
one is endorsing something when one is
actually simply discussing something. This
is a phenomenon of contemporary society, it
is a phenomenon that has been massively
accelerated by the internet. Now, this is also
a phenomenon actually that goes back, again
historically a very long way, Socrates, you
may recall, was himself executed for
questioning the taboos of Athenian society,
they said he was corrupting the youth of
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would like a break because I am going to
move on now to deal with the harassment
part of the case.
MRS JUSTICE COLLINS RICE: Let's take
five minutes.
(15.09)
(A short adjournment)
(15.18)
MS EVANS: As I said, my Lady, I am going
to move on to the topic of the tweets, largely
tweets and media material which my client
claims to be harassment of him. Mr Miller,
this period starts, as you know, in late July
2018. I am going to begin asking you about
that early period and then move through
more or less chronologically. The early
period being the period when you first start
sending tweets to Mr Turner, okay?
A. When I responded to his defeat about
LD-50 -Q. We will come to that. But before I start, I
must make clear again that based on the
witness statement that you served you have
not given any evidence to explain why you
sent most of the specific or individual tweets
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Miller & Power v Turner
that the Defendant complains about, for the
entire period covered; you understand?
A. Not really, no. I believe I actually have
explained why I responded to the Defendant
and what my motives were.
Q. You have explained, yes, you have
explained in what I would describe as a
general way, you haven't addressed specific
tweets other than a handful here or there but
that's something that is a matter for you but it
means that I will have to ask you questions
off the documents which is a fairly forensic
process because these are Twitter threads.
So, I am going to have to go through it and I
hope keep it as unpainful as possible for
everybody concerned, including me. So,
where we need to start is in bundle 2, tab 41,
page 1025.
A. I don't know which -Q. It is bundle 2, tab 41, page 1025. At the
top it should say, "26-27 July 2018: Replies
to @MatthausAnsatz by Defendant." Do you
have that?
A. Uh-huh, yes.
Q. I just want to use this to explain to you
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tweet I made reference to LD-50 as an
example of Fascist tendencies within the art
world and referred to the gallery as, "an
explicitly alt-right (AKA alt-Nazi) gallery."
So, that is the tweet that he sends which then
prompts many responses. You see one here
from dark mutualist, essentially the same
person he has been talking to before,
cyborg_nomade, who says "Lol, seriously?
Shut down LD-50 was a moral panic beyond
anything I could imagine plausible at the
time." And so forth. You enter the fray at
this point, correct?
A. I think so, yes.
Q. I don't expect you to remember the exact
sequencing but what we see below this is a
whole series of deleted tweets, those tweets
were the tweets that you targeted at the
Defendant in response to his LD-50 tweet,
correct?
A. No, I don't believe that's the correct
description.
Q. Those tweets came from you, can we
establish that?
A. I don't believe that -- yes, they came,
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and to my Lady how this began because it is
tweets you need to understand in sequence.
These pages are ones where you read them
from the top down because they are
screenshots of the threads. In the middle
there is a photograph of some people dancing
and that is part of a tweet from Mr Turner,
July 27th. He is attaching a link there to an
article that he wrote on meta modernism,
see? That then resulted in he and one other
person in particular, but probably others,
class warmonger, engaging in a Twitter
discussion. Fine. If you turn over the page
you will see it goes on for a few pages, to
1028, still July 27th, we don't need to worry
about the content. Page 1029, what is
missing, which is critical now in this
chronology, still 27th of July, is that my
client, Mr Turner, at this point, at the start of
the top of page 1029 sends his tweet about
the LD-50 Gallery and that tweet no longer
exists because he deleted it after the pile-on
that he experienced. But he describes it in
his witness statement at paragraph 97 and I
will tell you what it said. He said, "In my
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some of them at least did. I don't know if all
of them did. I don't agree that my responses
were me targeting the Defendant, I was
responding to his claim, which incidentally
he previously denied in his pleadings, that he
had said that LD-50 was Nazi space, and it
was not a Nazi space and I felt compelled to
respond to his claim that it was because that
is an extremely hyperbolic claim with -Q. Sorry -A. -- with extremely damaging
consequences for anybody who is, who is
labelled in this way.
Q. Well, we will look at hyperbole in a
moment. But, just going back to Mr Turner's
witness statement because obviously your
tweets were deleted by him so we don't
know what is said exactly but his recollection
as recorded in paragraph 98 of his statement.
He says, "I immediately began to be the
subject of several tweets (referred to online
as a 'pile-on') from people who appeared to
be supporters of LD50. A dozen or so of
these tweets (which were subsequently
deleted by Mr Miller before I could preserve
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Miller & Power v Turner
them) came from (the handle) @dcxtv, an
anonymous account." He explains that he
didn't know who you were or that that was
your account at that point. Now, his
recollection, going back to his paragraph 98,
is that the gist of those messages from you,
as far as he can remember, was broadly
consistent with your later attacks, which we
do have reference there, and we will come to.
He describes them as abusive and offensive
insults which claimed that I was a deranged
subhuman and a normal fascist, or words to
that effect. Do you accept that that was the
tenor of the tweets -A. No, that is a completely false statement.
My initial responses to the Defendant were
polite. I asked him whether he had ever
visited the gallery before, I sent him the
article that I had written about the gallery,
this contained also the same handle of my
Twitter account and my name. I was not
impolite to him, I did not insult him, my
initial responses to him were in no way
abusive. I asked him whether he had ever
attended the gallery. He admitted that he
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fact because he wanted to say that my
reaction to him was in response to him nearly
claiming, this is in the Defendant's solicitor's
pleadings, nearly claiming that LD-50 was an
alt-right space, that's not what he said, he
said it was a Nazi space.
Q. Do you agree that his message about
LD-50 didn't say anything about you?
A. Yes, I do agree.
Q. If you look at the bottom of page 1029,
you see Mr Turner's reaction to all your
tweets. It says, ""My god, you finally
triggered me." That is at 2.34 pm. Could
you please take up bundle 5 again, tab 131,
which is the WhatsApp messages. Page
3691?
A. What is the tab?
Q. 131.
A. Yes, and what is the page?
Q. 3691, the first page.
A. Yes.
Q. Now, at the top you will see it is 27th of
July 2018, which is the same date as these
tweets and it is 13:50 and Ms Power says to
you, "Luke Turner currently
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hadn't and I said that I think that therefore he
should withdraw his allegation because it is
an extremely serious allegation. It was
obvious that the Defendant had no basis for
making this claim, as he himself admitted.
He said he looked at the website and this was
enough for him to form his opinion.
Q. Do you -A. Now, the website of the gallery actually
contained no indication that it was a
Neo-Nazi gallery. At the time the website
contained only a list of its previous
exhibitions. So I knew that the Defendant's
statement was extremely, well, in my opinion
it was ill-founded and it was hyperbolic and
it was, itself, libelous and I thought that it
was very disappointing when he conceded
that he hadn't visited the gallery, that he was
nonetheless still unwilling to withdraw his
accusation that it was a Nazi gallery. The
Defendant subsequently denied ever claiming
that LD-50 was a Nazi gallery. I think that
he didn't understand that actually I had, for
whatever reason, a copy of the tweet in
which he did, he attempted to conceal that
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discussing LD-50 stupidly on that twitter
btw."
You say, "Thanks for the heads up." So, is
that what made you get involved, that tip off?
A. Yes, well I think I wouldn't have seen it
otherwise.
Q. Then, by the first hole punch, at 14:41,
which is seven minutes after Mr Turner
tweeted, "My god, you finally triggered me"
Ms Power said to you, "Loving your
exchange with LT." Do you see that?
A. Uh-huh.
Q. So, she was aware at that point, when
they have been deleted, but she was aware
that you had sent all these tweets to
Mr Turner, correct?
A. She was aware that I had sent a series of
totally cool tweets to Mr Turner, in which I
had said that because he didn't actually know
anything about the topic he should refrain
from accusing things or people of being
Nazis because that's a very serious
allegation.
Q. Did you know, at this point, anything
about Mr Turner?
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Miller & Power v Turner
A. No.
Q. Did you know about his, He Will Not
Divide Us artwork?
A. I knew about the He Will Not Divide Us
project, I knew about it because of its
association with Shia LaBoeuf, I didn't know
anything about Mr Turner.
Q. You didn't Google him before you started
sending messages?
A. No.
Q. Can you please go to, I am afraid it is
jumping about a bit. Bundle 1, tab 8, 155,
which is in annex 2, I think, to the defence.
A. Yes.
Q. Now this is a tweet, I think we very
briefly looked at this morning, from
ParallaxOpticswho joins the Twitter
argument that has been going on, 27th of
July. I don't think the timings here are
necessarily always reliable because of the
international settings but this is after the
bombardment by you that we have just been
looking at?
A. I don't agree that this is a bombardment
by me, this was me responding to claims
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Q. If you turn to 156, please, the next page?
A. Uh-huh.
Q. Now, this is a Twitter report of your,
some of your deleted tweets after Mr Turner
had reported you to Twitter -A. Mm-hmm.
Q. -- for your hateful conduct, and you have
been suspended, you were then suspended for
24 hours?
A. Mm-hmm.
Q. This is the only record that survives of
some of the tweets that you sent in those first
couple of days, as I understand it. Certainly
as far on the -- well, it is in fact not the only
record, but one of the few. We have three
there where you say, "Another deleted tweet
by pathologically dishonest careerist retard
shitbag @Luke_Turner." You say,
"@Luke_Turner, I gave you an exit, and you
choose not to take it. Why did you delete
your tweets, cocksucker? Dumb-as-fuck
dishonest propaganda hack cocksucker
@Luke_Turner deleted these tweets - how
about an apology and admission you were
wrong?" Now, you say in your witness
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3 October 2023
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being made by the Defendant, which were
extremely serious, that LD-50 was a Nazi
gallery.
Q. You will see that it says on this page, it is
a reply to you, replying to dcxtv and tagging
in Luke turner himself. Luke_Turner is a,
'50 Stalins!!!' Variety, 'radical' artists ... "
And so forth. "Engagement beyond ad
hominem - he is probably a homosexual - is a
misguided waste of time." Below that, in the
likes, there is a like from you; correct?
A. Yes.
Q. Why did you like it?
A. Because I agree that actually engagement
with him was probably a waste of time.
Q. Did you think that the language that
ParallaxOpticshad used was offensive?
A. I mean I thought it was just, whatever,
like he's probably, I don't care about this, it's
not interesting to me. I mean, I don't
know -- he makes a number of statements
here, he draws attention to the fact that
Mr Turner is a far-left extremist actually and
I think the main point of this tweet was, it is
worthless to engage with him.
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statement that you were annoyed that he had
deleted his tweet, correct?
A. I was annoyed because what
subsequently happened here was the
Defendant deleted his initial tweet, and he
also deleted his admission that he had never
visited the gallery. He issued a new tweet, in
which he said that he had been attacked, for
no reason, out of the blue by LD-50
supporting accelerationists and this was a
misrepresentation of what had happened,
which the Defendant actually persisted with
for quite a long period of time. It also stated
in his report that he eventually made to the
police. Now, the Defendant reported these
tweets. I recognise these tweets are
intemperate and insulting. I was angry
myself. The reason why I was angry is
because I was myself triggered actually
because ever since I had protested against the
anti-fascist activists I had been targeted by
them, I had been threatened by them. An
Israeli book shop in which I was supposed to
speak had been targeted and closed down, an
anti-fascist activist named Justin Katko, who
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Miller & Power v Turner
threatened to cut out my tongue to prevent
me from speaking so I was very familiar with
the, let's say, anti-fascist position on these
matters which Mr Turner, it seemed to me,
was rehearsing and this was why I became so
angry so quickly. I thought that what he was
doing was extremely disingenuous and I
certainly regret my statements. I think the
fact that that he did report them already gives
you an indication that my previous tweets
were not of this nature, had they been he
would have reported those tweets. I think he
would have reported them immediately. The
Defendant has no compunction about issuing
reports. He has been doing that for a long
period of time and has continued do it
throughout the duration of these proceedings.
Q. If you, please, go to bundle 2 now, tab
40. It is page 862. This is a tweet, 28th of
July 9.43 by you replying to Mr Turner,
Mr Turner having said to you, "The only
person you're hammering ...", this is about
your previous tweets "... is yourself. Your
abusive homophobic and ableist tweets have
been reported." You say, "He just can't tell
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A. Well, because I had been somehow
suspended and it was like I was sort of rising
from the dead in a way. But I think that this
statement, or rather this image, you know,
also was somehow a recognition of the,
somehow unconscious or coordinated
activity that was now proceeding basically
also on my behalf because I had been
triggered by the Defendant too.
Q. Can we go to the next tab, 41. 1033.
Again, just to give some of the chronology
here. 1033 is still 28th of July and it is
Mr Turner saying, "So, weirdly in the past 24
hours I started getting targeted by a bunch of
LD-50 Gallery - supporting far-right
accelerationists on here. (Charming)." Did
you see that at the time, do you remember?
A. I do remember seeing that and I
remember thinking that this was a complete
misrepresentation of what had actually
happened. He says, weirdly I started getting
targeted. He had made a statement about
LD-50 and people had responded to it. He
claimed LD-50 was a Nazi gallery. This is a
statement that people responded to. He is not
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3 October 2023
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the truth." What did that mean?
A. I don't think my tweets to him were
homophobic and ableist, to be frank, because
as far as I understood the Defendant is not
gay. I appreciate that I am using the term
cocksucker, which if I did direct it to a gay
person could be construed as anti -- I'm
sorry, as homophobic. But I wasn't
responding to the Defendant because I
thought he was gay and I don't know that the
word, "retard" is actually ableist either. My
tweets were insulting but they were not
politically motivated in having an ideological
component in the way that he said that they
did, I thought that was also a dishonest
statement.
Q. At this point you changed your profile
picture, didn't you, to the one that you see, it
is actually on the previous page, bizarrely,
under the, "Violating Our Rules", sorry, the
page we looked at before, 156. So you
change it to the picture, an image of a
zombie, is that right?
A. Yes.
Q. What was the reason for that?
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worriedly getting targeted, people are
responding to his statements.
Q. There is no reference to you in his tweet,
is there?
A. No, he is referring to everybody who is
responding to him.
Q. I don't think I need to take it up, turn it
up. But you will know from this morning
that on this date, 27th of July -- 28th of July,
you and Ms Power had gone out for an
evening with Mr Stokoe and his girlfriend,
remember?
A. I don't really remember but ...
Q. On the 20 -- there is a record of you on
the 29th in the morning discussing the fact
that you had been on the evening before.
When you went out with them on the evening
of the 28th of July, Mr Stokoe and his
girlfriend, did you discuss the Defendant?
A. No, I don't think so.
Q. And so what we are going to see after this
is a whole sequence of Tweets which show
that, despite having been suspended by
Twitter for hateful conduct, what you did
was double down by accelerating your
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Miller & Power v Turner
targeting of Mr Turner, correct?
A. This is not correct. In fact, what
happened when I was suspended was another
person joined this thread, this is Deanna
Havas, and it was the defendant who
escalated it and he began to target her. This
is what happened next.
Q. Can we go to 1035 of the same tab,
please? You will see that this is the 30th of
July, you will see at the top there are three
Tweets there which are deleted ones from
you and then you will see an engagement
between Mr Turner and somebody else who
had been taking up your position, by the look
of it, and then at the bottom Mr Turner says,
"DCXTV [which is obviously a reference to
your account] is posting this in response to
their account getting temporarily suspended
due to a series of wholly unprovoked
abusive, bigoted attacks on me. You may
want to think how retweeting/replying
strongly implies enthusiasm for them calling
me a 'fascist'. Not a good look." Now, that
was the defendant's response at that point to
your previous targeting of him, correct?
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coward. Luke Turner simply does not know
when to quit." That was within 10 minutes
of his message. What was it with the
aggressive language?
A. Well, first of all, his statement is untrue
because he's claiming that he has been
targeted with unprovoked abuse. This is not
true. The defendant provoked this exchange.
The defendant is claiming LD50 is a Nazi
gallery. I defended the Gallery on the basis
that it wasn't a Nazi gallery. As a
consequence of defending it, I was really
very viciously abused for an extremely long
period of time by people who actually
subsequently became very close associates of
the defendant, specifically an individual
named Andrew Osborne. I understood that
what the defendant was doing corresponded
to the behaviour of those activists. So, as I
said, I was triggered by this. I think I was
actually, looking back, somewhat
traumatized by my experiences at the hands
of these activists. It's very traumatizing to be
called a Nazi by a mob of people screaming
at you and threatening to beat you up. This is
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3 October 2023
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A. No, I don't agree I was targeting the
defendant. I was responding to the
defendant's claim, which was baseless, that
LD50 was a Nazi gallery. Now, the
defendant says here I was temporarily
suspended due to a series of wholly
unprovoked abusive, bigoted attacks on me.
My responses to his claim were not
unprovoked. It's a very provocative
statement to claim that someone is a Nazi,
especially if you're an anti-fascist activist,
because the claim carries with it an implicit
threat of violence. The claim is that Nazis
can and should be physically attacked. This
is the position of the defendant and his
associates, so ...
Q. Correct me if I am wrong, but out of
interest, you are not suing in this action any
more, are you, on the allegation that came
later of you being a Neo-Nazi?
A. No, we're not suing on this basis.
Q. Could you go over to 1036? 30th of July,
still, this is your reply to Mr Turner's, I
would suggest, moderate explanation, and
you say, "Pathological liar and spineless
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what happened in February 2017, this is what
happened to me.
Q. But you are not suing on that allegation.
A. I'm explaining why my statements were
intemperate, because I had seen this
behaviour before. It was the same kind of
provocative issuing of highly inflammatory
claims and anybody objecting to it then
becomes the subsequent target, and this is the
implicit threat that the defendant makes to Eli
Schiff. He says, "Not a good look." It's not
a good look to defend me, basically. And the
defendant, actually, has quite consistently
then actually himself targeted anybody
defending my position, and the second
claimant is the best example of that.
Q. But, you see, what I do not understand is,
the way that Twitter works is that you could
not possibly know all the targeting that he
was receiving, so why did you put yourself in
a position to judge whether he was lying
about it? How did you know?
A. Well, he is lying about people targeting
him unprovoked, with respect to this
particular exchange. He has stated at the
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Miller & Power v Turner
beginning of the exchange that LD50 is a
Nazi gallery. This is the provocation I am
responding to. He says here, "DCXTV is
posting this in response to unprovoked
attacks." My responses to his claim were not
unprovoked. That is an untrue statement and
that didn't make me angry.
Q. But you believe in free speech, Mr
Miller, do you not?
A. Yes, but I don't believe that you can tell
lies about people.
Q. Again for the chronology, after Mr
Turner's response there at the bottom, he did
not engage directly with you or with Deanna
Havas until early September, correct?
A. That is not correct.
Q. Well, your counsel will be able to correct
that if I am wrong.
A. Subsequently, what happened, I believe
on July 29th, is Deanna Havas responded to
the defendant and she said something along
the lines of, "What happened to HWNDU?",
which was his project, "He Will Not Divide
Us", he said, "It's still going strong and
resisting the kind of bigoted, unprovoked
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Q. And you followed her on Twitter and she
followed you on Twitter.
A. Yes.
Q. This exchange here I would just like to
take you through. So, it starts - again, this is
a different thread now. It is the one from you
saying to Luke Turner, "A pathological liar
and spineless cowards." Now, your friend,
Deanna Havas, pops up and says, "Laugh out
loud. Whatever happened to HNDU ..." and
Mr Turner, in what I would suggest is a very
measured way, just says, "Hi Deanna. It's
still going strong and resisting the
normalization of the kind of bigoted
behaviour dcxtv has been targeting me with
on here." What is wrong with that?
A. I have not been targeted with bigoted
behaviour. I'm responding to his claim that
LD50 is a Nazi gallery. I am responding
intemperately. I do reject, rather, I do regret
the language that I used, but there was no
way in which my language was bigoted. It
was merely angry.
Q. And then someone else joins in called
BasedBrooklyn - that was another account
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3 October 2023
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abusive attacks ..." that I'm targeting him
with. Somebody posted a picture of a
cartoon frog. Deanna Havas Liked that
image and as a result the defendant began to
target Deanna Havas and in fact, actually,
destroyed Deanna Havas' life and her career,
because he was so incensed by her Liking
this image and by being laughed at, and this
is really also what then subsequently ...
Q. On to page 1039, and we will see a bit of
that. To be fair to you, the defence that you
have provided in your witness statement for
what you did is almost exclusively about,
apparently, defending Miss Havas.
A. That's correct.
Q. So, let's see the sorts of things that she
was saying.
A. Which page is this?
Q. 1039 of the same tab. She is, I think, an
American artist, is she? She may be based in
Britain.
A. She's an American artist, she is halfJewish, her father was Jewish, she's the child
of two refugees from Communism, she
supported Trump, she is a funny girl.
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you followed, was it not?
A. I don't remember, to be honest, but
maybe I subsequently began to follow him.
Q. And BasedBrooklyn deploys this Pepe
the Frog depiction of a group running away
with a He Will Not Divide us flag - you see
that?
A. Yes.
Q. Which you keep insisting on calling a
cartoon frog, but I think you have already
accepted that, at least in some quarters, Pepe
the Frog is regarded as an Alt-Right symbol,
correct?
A. In some quarters, that's true, yes.
Q. And then you see the Tweet below is Mr
Turner, again, totally temperate language,
back to Deanna Havas, "Curious why you
liked this", because she Liked that Pepe the
Frog tweet. Mr Turner says, "Curious why
you liked this. Perhaps you're unaware of
the reality of the Neo-Nazi Traditionalist
Worker Party being responsible for this?"
She says, "Because it was funny" and he
says, "But this is a depiction of an antiSemitic campaign and actual crimes
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Miller & Power v Turner
committed against us by members of a
violent, self-described Neo-Nazi group, the
TWP. Is this genuinely funny to you?" And
she says, "Chill out, bro. It was just a
meme." Now, did you see this thread?
A. Yes.
Q. Did you not then go and look up Mr
Turner and look into what he was saying?
A. I looked at ...
Q. About what had happened?
A. I think I probably did click on his link. It
was really quite confusing, to be honest. It
consists of an assemblage of images and chat
logs that he somehow acquired, I don't know
how, in order to say something about these
particular people, but the assertion that the
image is the depiction of an anti-Semitic
campaign by members of a Neo-Nazi group,
again does not seem to be true. The image,
as I understand it, refers to this response to
his project, specifically this phase of the
project that began after the initial phase was
ended by the museum, because it was
provoking violent reactions, in which internet
users managed to track down this flag using a
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form, but the response to the project itself
was not motivated by these things, it was
motivated by some kind of relationship that
he established with the internet, and the
internet reacted to him. Now, the defendant
has produced a number of statements about
what happened in terms of his project, in
terms of He Will Not Divide Us, these
statements do not seem to be borne out by
third party or objective accounts of what had
happened, and I think that what happens next
in this exchange is really illustrative of the
extremely vindictive nature of the defendant
with respect to Deanna Havas because it was
clear from what she says here that she meant
no harm by what she was saying. You know,
I think that she was also going on the
mainstream media accounts of what
happened with respect to this project. She
doesn't want any trouble from the defendant,
but what the defendant does next is, he
produces this page about Deanna Havas
which is designed to smear her, despite the
fact that she is herself from a Jewish
background, as an anti-Semitic Nazi,
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3 October 2023
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complex series of techniques, including
triangulating the jet trails of airplanes and so
forth - this featured dozens of people, it was
not the work of the Neo-Nazi Traditionalist
Worker Party. The Traditionalist Worker
Party ...
Q. I am sorry, can I stop you? So, you did
look it up, then, did you, you did look at what
had happened?
A. I did subsequently look at what had
happened, and what I understood was that his
description of it was not accurate or honest.
Q. And you were to be the judge of that,
were you?
A. I have an opinion on this matter and I was
looking at mainstream media accounts. The
Traditionalist Worker Party are never
mentioned in response as far as I know,
except by the defendant, in response to his
project. His project was in a certain way
extremely successful as a public art project, it
produced a very significant reaction from the
internet. The response to the project, as I
understand it, may have involved people who
are Nazis or crazy or anti-Semitic in some
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specifically in order to destroy her career,
and that's what he does a day later.
Q. We will come to that in a minute because
it needs to be put much more accurately than
you have done. If you could turn over to
1040, please? This is a continuation of the
thread we have just been looking at between
Mr Turner and Havas, which you were aware
of and no doubt followed, and it is basically
Mr Turner carrying on explaining what
happened and Miss Havas basically being, I
think, even putting it neutrally, quite abusive
back, saying, "Don't tell me what to rethink,
but do have a nice day ..." He says, "Not
good enough." He says, "You're complicit
in anti-Semitic violence ... whether you're
Jewish or not." She says, "Do spare me the
'woke' lingo and do me a favour ..." and so
forth. She, of course, also refers to it as a
cartoon, a phrase that you both seem to think
is appropriate. And then at the bottom, Mr
Turner says, "It's a bit harder when you have
to have security because you have violent
Neo-Nazi groups posing credible threats to
your safety on a daily basis across several
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Miller & Power v Turner
countries. But, yeah: no, not good enough."
Now, did you still think that you were the
one in a position to know if he was telling the
truth about his experience?
A. I think that, based on my experience of
what he had said, with respect to LD50,
about it being the Nazi gallery, a claim that
he had made with very little basis, and
furthermore his claims that I had attacked
him unprovoked and, furthermore, his claims
that my comments to him were bigoted
comments, I had a serious basis for doubting
the credibility of the defendant by this point.
Now, you say that Deanna Havas' comments
were clearly abusive. I think she says,
"Don't tell me what to think. Have a nice
day." I don't think that's a clearly abusive
statement. I think that's a statement which
says, "Okay, I don't want to get involved in
this, I didn't mean any harm by it, please
leave me alone" and this is in fact what
Deanna Havas will then continue to say for
the subsequent days. The defendant
threatens Deanna Havas. He says her
response is not good enough, he says that her
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We haven't really seen evidence of a murder
plot in Finland, so ...
Q. Can we just move on because we are
going to be here for all week if we ...
A. Well, fair enough, but ...
Q. ... examine every thread at this length.
A. Well, as you say, we should be forensic.
Q. I will show you plenty of examples of
Miss Havas being intemperate. Can you go
to tab 40 please, page 866?
MRS JUSTICE COLLINS RICE: If we are
about to leave this thread, I would find it
quite helpful to have a rather clearer
reproduction of this picture on page 1039.
MS EVANS: 1039?
MRS JUSTICE COLLINS RICE: Yes,
because it is quite hard to make out.
MS EVANS: Yes, I am sure we can do that.
You mean the one with Pepe the Frog?
MRS JUSTICE COLLINS RICE: That is the
one I mean.
MS EVANS: Yes, I think these have been
reproduced so many times ...
MRS JUSTICE COLLINS RICE: Hard to
see.
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Liking these cartoon frogs - and, I'm sorry,
but they are cartoon frogs, that is in the end
what they are - makes her complicit in antiSemitic violence. Now, this is an
extraordinary statement. She has Liked an
image, basically, unthinkingly, which, as far
as I understand, is referring to a very big
response to the He Will Not Divide Us
project, which is not reported as being antiSemitic in any mainstream account, which is
not reported as being the work of Neo-Nazi
Traditionalist Worker Group in any
mainstream account. She just did that, she
just wants to go about her day. This is not
enough for the defendant. He begins to
threaten her, he says he has to have security
because he has credible threats to his safety and these statements, also we have asked for
corroborating evidence and they have not
been provided, by the way, in the context of
our long preparation for this trial. I don't
know what credible threats to the defendant's
safety he has actually received. He has
referred to, and you also referred to in your
opening statement, a murder plot in Finland.
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MS EVANS: Are there any others at the
moment? If you can just let us know if there
are any others?
MRS JUSTICE COLLINS RICE: I will do.
Thank you.
MS EVANS: We will do that overnight.
MRS JUSTICE COLLINS RICE: Thank
you.
MS EVANS: Moving on, I am afraid,
through this riveting bundle of Tags and
Tweets, tab 40, page 866. Same day, 30th
July. Mr Miller, I do not want to stop you
from saying what you want to, but I am
going to try and speed up, otherwise we will
not meet our timetable, and that requires you
to keep your answers shorter, too, if that is all
right.
A. I will endeavour to do so.
Q. Here, we start with this BasedBrooklyn
account again, and it says, "Luke Turner is a
Nazi shit." Do you see that?
A. Um hum.
Q. You then join in below and you say that,
"Luke Turner is, specifically, a Normie
Fascist. An institutionally-supported
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Miller & Power v Turner
propagandist, his limited intelligence and
narrow ethical horizon is circumscribed by a
conformist-narcissistic ideology that prevents
him from participating in any truth ..." and so
forth, and it has been Liked, you see below,
by your friend, Miss Havas, and you have
tagged Mr Turner, so ...
A. No, I simply respond to the thread.
Q. Yes, that means he gets it, does it not?
A. But I'm responding to the thread, I'm not
specifically tagging him.
Q. Yes, but, again, this is offensive,
completely gratuitous language, is it not?
A. Well, to be honest, I'm also trying to
move away from the Nazi statement which I
think is in fact also unfair. I don't want to
start calling people Nazis, not even the
defendant, so I'm saying this about him
instead. Is this language insulting? Yes, it is
insulting. I don't deny I insulted the
defendant. He is at this point accusing
Deanna Havas of being complicit in antiSemitic crimes against him because she
Liked this image.
Q. In an endeavour to speed this up, let me
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are wrong to think that you can justify these
Tweets by some all-knowing position at the
time about the truth.
A. I'm not claiming to possess such a
position.
Q. Fine.
A. I am saying that the defendant's exchange
with me had to me already revealed that he
was not credible in the statements he was
making because he had mischaracterised our
initial exchange. I thought that his
statements with respect to Deanna Havas
were clearly hyperbolic and unbelievably
exaggerated, because he is accusing her of
being complicit in activists crimes against
him, based on Liking a Tweet that had no
activists content. There's nothing in the
image that she Liked that makes any
reference to Jewishness or otherwise.
Q. Let's move on and see some other
examples, then. If you can go to tab 41,
1041? Still on the 30th of July. There is
Miss Havas at the top, saying, "Some
OLDER WHITE CIS HET male from
CENTRAL SAINT MARTINS just called
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3 October 2023
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break this down, so that you understand and
so I do not have to keep putting it to you for
every Tweet, okay? Your complaint is that
you think that Mr Turner was lying. My
response to that on behalf of Mr Turner is
that you were not in a position to judge that.
Your other complaint is that he was
expressing an opinion ultimately, at the start
of this, about LD50, which was false/bad,
whatever ultimately you want to call it, but it
was an opinion, something that you, I think,
you agree, value as part of the freedom of
speech. Correct?
A. Um.
Q. And that includes a description of NeoNazi or Alt-Nazi. Now, I am also going to
have to keep putting to you at every Tweet
that every time you fight back and explain
why you have said it, I will be saying to you,
"But, what about this ..." - so, can we take it
as a given that every time you defend one
like that - and, incidentally, as I said at the
beginning, you have not done this in your
witness statement in respect of the Tweets,
save for a few - I am putting to you that you
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me PRIVILEGED." That was a response to
Mr Turner, who was a student at Saint
Martins. He then says, "No, I said it was
your privilege for evidently never having had
your life put in direct danger by anti-Semites
..." and so forth. So, he is making the same
point, which is that it is his experience and
story that he has experienced anti-Semitic
abuse, and that is why he is explaining to her
that that is why he takes the position he does.
A. You say he's explaining. I think he is
claiming; he is claiming that his life has been
put in direct danger. I don't see any evidence
that his life has been ...
Q. That is his experience.
A. That's a claim that he is making. He also
claims in this Tweet that she is laughing at
depictions of anti-Semitic abuse. I don't
agree that the image that she Liked is ...
Q. Could you go to tab 40?
A. I'm sorry, may I finish?
MR WALKER: I am so sorry but this has
happened repeatedly, so I rise to my feet
reluctantly, but where my learned friend has
gone to the trouble of asking a question, I
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Miller & Power v Turner
wonder whether we could hear the answer?
If they are long, that is fine, but he has been
repeatedly cut off today.
MRS JUSTICE COLLINS RICE: Well, I am
paying extremely close attention to this
witness and I am looking forward to reading
the transcript of his evidence also. I might
have intervened myself before now but we do
have to make progress.
MR WALKER: I understand that but it has
got to the point where I feel as though I have
to express my concern.
MS EVANS: I think we were on - yes, could
we go to tab 40, 868? I will certainly try not
to cut you off. It is only fair to give you time
to read it. Now, this is Miss Havas at the top.
She is responding, is she not, to a message
from Oscillating? And it seems clear from
this exchange that she believes that this was
operated by Mr Turner, correct?
A. It's a hypothesis that we discuss.
Q. Because of your response below as well?
A. It seemed to be an account which was
almost exclusively interested in the
defendant's art projects and, indeed,
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Q. Could we go to the next page please,
867? This is a different thread, it starts with
you and the one we have already seen about
Mr Turner being a Normie Fascist and so
forth, and then we see the account,
Depopulator, one which we have looked at,
and the Onehundredpercenteuropean joins in
as one of your followers and then at the
bottom ...
A. Well, he was one of Deanna Havas'
followers, actually.
Q. One of her's as well. If you look at the
bottom, at what you then say: "A low
pressure area, a sucking emptiness. He will
be portentously anonymous, faceless,
colourless. He will - probably - be born with
smooth disks of skin instead of eyes. He
always knows where it is going like a virus
knows. He doesn't need eyes." What did
that - first of all, that was you directing that
at Mr Turner, was it not?
A. Well, not precisely, no. This is actually a
quote from William Burrows, from his novel
Naked Lunch, he describes ...
Q. But why was it in this thread?
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3 October 2023
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replicated his language with respect to that in
a significant way, and it was accusing her of
being an anti-Semite following his claims.
Q. She just says, "Go fuck yourself", but not
just that, she puts in a Swastika, a Star of
David, the Hammer and Sickle and all the
rest of it.
A. Yes, it's a series of symbols.
Q. And that was directed at somebody that it
would appear that she, and I think we agree,
you, purported to - it is not very pleasant,
though, is it?
A. Well, our exchange with respect to this
point actually occurs subsequent to her
statement, so I don't know who she thought
that was at this time. It's not very pleasant to
be called an anti-Semite. To be frank, I
would prefer somebody told me to go fuck
myself than somebody called me an antiSemite. I think anti-Semite is a much more
vicious charge than simply saying, "Fuck
you" to somebody, and I think Deanna Havas
didn't appreciate being called an anti-Semite,
not least because she is herself at least
partially Jewish.
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A. It was a response to this thread, it was
describing the figure of the Sender as
characterised by William Burrows. The
Senders are one of four political parties of
Interzone, they are characterised by a kind of
endless broadcast, not unlike the defendant,
but I'm not specifically accusing him of
anything in this context. He's not named and
I'm mentioning William Burrows' views of
this topic that we're discussing.
MR WALKER: The difficulty with the
interjection is that the witness was just in the
middle of an answer which quoted a piece of
art called Naked Lunch, then he was cut
across. I am seeking to assist the court and I
assume the answers that he gives the court
are going to be of assistance, and I wonder
whether he could be asked again, "What do
you mean by - what was the reference to
Naked Lunch?" before he was cut across?
MRS JUSTICE COLLINS RICE: I am
interested in the direction of questioning,
which is seeking to probe the extent to which
this is directed at the defendant. There must
be a concise way of answering that question.
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Miller & Power v Turner
MR WALKER: In my submission, part of
the problem is, although it was changed in
the last question, some of these questions are
open and they invite a descriptive answer.
There was - my ears perked up because I am
familiar with the piece of work. When it was
cut across, this is a stressful situation, in my
submission, for the witness and he has been
cut across and that has happened all day.
MRS JUSTICE COLLINS RICE: Well, let
us just pause and collect ourselves and ask
the open question again and I will listen
attentively to the answer, but may I
encourage you to keep it as concise and
directed to the question as possible?
MR WALKER: Thank you.
MS EVANS: I will ask the question again
that, as my Lady says, matters most, because
I think you did answer it but you veered off a
bit: was this targeted at Mr Turner? It may
be Mr Turner among others, but was it
targeted including to Mr Turner?
A. No, I don't think so. It attempted to
describe a kind of type. It doesn't refer
specifically to him.
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from the Naked Lunch is, nevertheless, of a
theme, is it not, in respect of the reference to,
" ... dead jude eyes ..." and, "smooth disks of
skin ..." and so forth, with what I suggest is a
form of anti-Semitic description which I have
just shown you on the 8chan message?
A. Well, there's a critical difference between
these comments, which is that, whereas the
comment on 8chan specifically makes antiSemitic statements, my comment does not.
My comment refers to a mode of being
which has no ethnic characteristics at all. It
in fact is some sort of non-human phenomena
concerning the politics of communication.
Q. Can we go on to - actually, staying in
bundle 5, at 141, page 3913? This is within
the archive that Mr Turner created of the
various Tweets and messages from Miss
Havas to him which you mentioned. Do you
recognise it?
A. Um hum.
Q. And I just wanted to highlight and ask for
your reaction to some of the images in it
which Mr Turner has included because he
regarded them as being anti-Semitic, Neo-
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3 October 2023
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Q. Could we look at a reference, I am sorry,
in a different bundle, bundle 5, tab 124, page
3654? I think it is just a single page. Now,
this is from a Tweet, I think, but, anyway, it
is on the 8chan platform, which I suggest is
popular with Alt-Right groups. It is the 17th
of December 2017. The reason I am showing
it to you is because of the similarity in the
language, I would suggest. So, you will see
they targeted this, whoever sent this and I am
not saying it is you, at Mr Turner: "You will
never ever be white, Luke. Never. Look in
the mirror at your dead jude eyes. Notice the
parlor of your sunken cheeks and hollow eye
sockets. I laugh at your rat heeb face from
across the planet." If we go back in the other
bundle, I am afraid, to your message that we
were just looking at ...
MRS JUSTICE COLLINS RICE: Sorry, the
reference again, please?
MS EVANS: Sorry, it is bundle 2, tab 40
and it is 867.
MRS JUSTICE COLLINS RICE: Thank
you.
MS EVANS: The choice of your quote there
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Nazi and so forth. You will see on 3913
there is an image of somebody using a paint
brush to create what must be a Hitler
moustache. Below that, you see there is the
image of, I do not know if it is a magazine
cover, but anyway it is a mocked up image of
Hitler doing a Hitler salute, which you will
notice has been Liked by Miss Havas. And
then if you go over the page there is Pepe the
Frog again, if you go on to 3916, there is the,
"Go fuck yourself" with a Swastika which
has been included, and then a couple below
that, a reference to, "You're a socialist from
Goldsmiths. Laugh out loud. Kill yourself."
And then there is a reference to her issuing,
"A Fatwa against all socialists from
Goldsmiths or Central Saint Martins ..." Central Saint Martins already having been
marked by her as where Mr Turner had been.
You see that?
A. Yes.
Q. And then on the next page, 3917, he
includes a Tweet from her which has
included an image of Mr Turner's face, and
at the bottom of that thread the quote, "He
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Miller & Power v Turner
has dead beady eyes. So scary." So, again, I
suggest the motif of the dark, sinister eyes,
which we suggest is used in an anti-Semitic
way on various Alt-Right message boards.
Do you remember seeing some of these
images when Miss Havas was producing
them?
A. No. I need a more specific question to
respond to, I think. I mean, some of these
statements that you mention ...
Q. Well, you were following her, were you
not?
A. I'm not sure I was following her at this
point in January 2017, for example. But
even if you follow someone, you don't
necessarily see all their Tweets. I think that
the meaning of these images is also to some
extent ambiguous. Many of them are
responses to the archive that the defendant
had created by this point of Deanna Havas.
Obviously, this was very upsetting to her.
Okay, so she issues a Fatwa against him.
Clearly, Deanna Havas has no authority to
issue Fatwas. I think she is trying to respond
to actually what is really quite a disturbing
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meaning of this page.
Q. If you look at 3918, and this is from 2019
...
A. I'm sorry, 39?
Q. The next one, 3918, you will see that she
begins at the top, after the, "Dead beady
eyes, so scary", she says, "LT has Google
alerts for my name and calls up every gallery
I exhibit with ..." and so forth. And then
somebody replies, which is Liked by her, and
the person replies, "It's literally a psychosis
and it's unsustainable. He's either going to
end up killing himself or getting killed and
pray I don't get cancelled for this but we're
better off when that happens" and she Likes
it. That is really very unpleasant on her
behalf, is it not, to think that that message is
acceptable?
A. What the defendant is doing to her is
extremely unpleasant. He is trying and in
fact succeeding in destroying her life. He is
accusing her of being a Nazi and an antiSemite based on messages that he's taken out
of context, for the reason that she liked a
picture of a cartoon frog that the defendant
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thing that has happened, based on the fact
that she Liked this image of these cartoon
frogs. Now, there's a web page with her
name on it filled with what the defendant
describes in his correspondence, with, I
believe, Bewley, as dirt that he was looking
for to put on this page in order to destroy her
career in the art world. That was the
intention of this page and these are her
responses to this. With respect to her
Swastika, I do believe that it's useful to point
out that this is clearly a Hindu Swastika. I
presume that she was aware of that when she
selected it. With respect to her Hitler
moustache, I don't know what she means by
that, but I think that's not a clear
endorsement of Hitlerism, I think it's a kind
of - again, Deanna Havas is a very ironic
person. The defendant himself
acknowledges that her Tweets were ironic,
again I think in his statements to Bewley.
So, these are ironic statements for the most
part taken out of context in order to create an
impression which is as damaging as possible
in order to destroy Deanna Havas. That's the
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found unacceptable. So, I agree that Deanna
Havas' reaction to this is not pleasant but I
think it is understandable. She has been put
under considerable pressure by the defendant
and, you know, I encourage anyone to ask
themselves what - you know, how they
would react if the defendant did this to them?
They created a Wanted poster on the internet,
begins to circulate it, claiming that you're
guilty of holding these reprehensible beliefs this is what the defendant did to Deanna
Havas because she liked a picture of cartoon
frogs.
Q. My Lady, I do not know if that is a
convenient time? I am about to move into a
different section of the chronology, but I can
keep going.
MRS JUSTICE COLLINS RICE: How are
we doing for time altogether? We are due to
continue with Mr Miller until lunchtime
tomorrow.
MS EVANS: I will definitely finish with
him by lunchtime and in time for reexamination.
MRS JUSTICE COLLINS RICE: Very
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Miller & Power v Turner
1
good. On that basis we will rise and resume
2
at 10.30 tomorrow. I am afraid it is a
3
difficult thing to be under oath overnight but
4
I do not think we have a choice here. If you
5
are in any doubt, your lawyers will explain to
6
you that you must not discuss your evidence.
7
The reason for that is that it is your evidence
8
I want, not the product of your discussing it
9
with anybody else.
10
A. I understand.
11
Q. Thank you very much. I will see you in
12
the morning.
13
(The witness stood down)
14
(16.21)
15
(The hearing adjourned until 10.30 a.m. on
16
the Wednesday, 04 October 2023)
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