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Miller & Power v Turner
(Friday, 06 October 2023)
(10.33 a.m.)
MRS JUSTICE COLLINS RICE: Good
morning, everyone.
MS EVANS: My Lady, I just have
something to mention if I might about some
documents, which have just been handed to
us. I do not know if there is a clip for her
Ladyship, there should be. They are
photocopies, three pages of photocopies, of
some tweets, between Mr Turner and Mr
Miller, which we have never seen before,
which Mr Miller has apparently retrieved or
at least had retrieved before but had not come
through the solicitors. I am not quite sure.
MRS JUSTICE COLLINS RICE: Thank
you.
MS EVANS: They do relate to a relevant
date, you will see, 27 July 2018, which is at
the very start of the period that the court has
been concerned about. What it raises as an
issue is that we will need to take instructions
from our client about these tweets, so we can
understand them. And we may want to ask
him in re-examination about them because
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through his emails on an old laptop and
found these, brought them to my junior's
attention. My junior brought them to my
attention. So, I have disclosed them to the
other side. That is the explanation.
MRS JUSTICE COLLINS RICE: And is
there an explanation of why the old laptop
was searched yesterday and not some time
before?
MR WALKER: I will defer to my junior
who has been dealing with this. Thank you.
MS GROSSMAN: Sorry, it was not an old
laptop. He went through his emails; he went
through his emails again in some detail.
There was a long thread of legally privileged
communications. The thread of legally
privileged communications was a number of
months before disclosure. And these
messages were sent in passing, in that
context. Because it was a number of months
before disclosure in relation to different
issues, there was simply an error in logging
them for disclosure and because, of course,
that thread was legally privileged, it was not
the subject of anything that was sent to the
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6 October 2023
Page 3
obviously he has not given any evidence
about them because they have not been in our
possession. They may not add to anything,
but we do not know until we take
instructions. That is the short point.
MRS JUSTICE COLLINS RICE: So, this is
the documentary indication that Mr Turner
used the expression, "alt-Nazi", is it? Is that
the significance?
MS EVANS: Well, it looks like it is that, but
it is that also that there was an exchange
between the two of them, because do you
remember that one of the problems was that
Mr Miller's tweets were all deleted, so these
are still Mr Turner's tweets, but these are not
ones which I think we have seen before.
MRS JUSTICE COLLINS RICE: Is there
any explanation for them turning up on day
four of the trial?
MR WALKER: Yes, apparently, sorry. This
has come to me late as well. Yesterday I was
told that Mr Miller went through a series of
emails which had gone to his solicitor.
Those emails - the thread concerned legally
privileged material. He, yesterday, went
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other side. It was simply, as I have said,
because, after cross-examination he was
going through his emails again, just as people
do in the course of cases. And that was
simply how they were uncovered. It was an
oversight that they were not disclosed some
time ago. We do apologise for that
oversight. Of course, we have an ongoing
duty of disclosure and therefore, having
obtained that information, what we have
sought to do is remediate it at the earliest
opportunity - earliest appropriate
opportunity - by providing those copies to
the court and to the other side. The first
email - the emails on one side of the page, if
you have got one, there is one at the bottom
which says, "I certainly visited their website,
that was enough", that is dated 27 July.
MRS JUSTICE COLLINS RICE: Yes.
MS GROSSMAN: These emails are part of
the original thread on LD50. On the lefthand side of the page, you will see the one
which says, "Explicitly alt-right, aka alt-Nazi
gallery" which was put.
MRS JUSTICE COLLINS RICE: Yes, well,
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Miller & Power v Turner
that is the point I made, is it not?
MS GROSSMAN: Yes.
MRS JUSTICE COLLINS RICE: Now, it
looks to me as if I have the same material on
both sides of my - that is right, is it?
MS GROSSMAN: No, there is one sheet
that has - maybe we have handed the wrong
thing up to you. There is one sheet that has
this on it.
MRS JUSTICE COLLINS RICE: Yes.
MS GROSSMAN: There is another sheet
that has some further messages. These are
not dated, although they are time stamped
and we can see who they are sent to. These
are simply disclosed because, as you can see,
we see Luke Turner and we see a series of
people he is replying to, including dcxtv. So,
simply as part of our ongoing duty, it was
part of the same email, we sent it at the same
time. I should emphasise that the email was
actually - that these documents were
actually contained within the email that was
legally privileged as an image appearing on
the face of the email, rather than an
attachment, which is why they appear in this
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We will then be in a position to know
whether they need to be led, perhaps in reexamination.
MRS JUSTICE COLLINS RICE: Well, so,
you should undertake that exercise.
MS EVANS: Yes.
MRS JUSTICE COLLINS RICE: We will
see what comes out of it.
MS EVANS: Yes, we are doing that now.
Thank you, my Lady.
LUKE TURNER
Cross-examination by MR WALKER
(Continued)
Q. Mr Turner, I think where we had got to
was we were still on Kalfu and Wikipedia
and you were saying that there was another
document within the bundle which might
assist you with satanism. Can I just ask you
to turn to volume 8, tab 374 -A. Could I maybe answer that just before we
go there, to say that there are documents that
I have brought in today, which are academic
documents that I referred to at the time, three
academic documents.
MRS JUSTICE COLLINS RICE: That was
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6 October 2023
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form.
MRS JUSTICE COLLINS RICE: Well, if
anything turns on this, I may need to hear
more, because the concept of a legally
privileged email thread is an interesting one.
MS GROSSMAN: Well, the emails were
between -MRS JUSTICE COLLINS RICE: Well, I
understand, but -MS GROSSMAN: Yes.
MRS JUSTICE COLLINS RICE: Well,
anyway, if anything turns on this, I may need
to hear more.
MS EVANS: So, I think for now, it is just a
practical question, which is that we are trying
to just chase down to make sure that we have
not seen all of these before. At the moment,
our view is, there are some we have not.
MRS JUSTICE COLLINS RICE: Right.
MS EVANS: So, we will need to take
instructions on them. I do not want to
interrupt the flow, but if we had permission
to do that, we could do it, perhaps over the
luncheon adjournment, very briefly.
Obviously, we will not discuss anything else.
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where we left the question, was it not?
A. Yes, you invited me to provide these and
I have done four copies, if you would like to
pass them around. I think they may assist,
my Lady, in getting to the fact of -MR WALKER: If you give us the names.
A. Yes.
Q. I asked you the names. I am happy to
read them at my leisure but give us the
names.
A. So, the first is from 2012 by Michael R
Hall. It is from The Historical Dictionary of
Haiti, published by Scarecrow Press. And
Michael R. Hall is a professor of Latin
American History at Armstrong Atlantic
State University in Savannah, Georgi. The
second is from a 2013 book by Karen
Stollznow, and the book is entitled, God
Bless America: Strange and Unusual
Religious Beliefs and Practices in the United
States, published by Pitchstone Publishing.
Karen Stollznow is a researcher in the
Department of Linguistics at Griffith
University, in Southeast Queensland,
Australia. The third is a 2004 book by Micah
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Miller & Power v Turner
Issitt and Carlyn Main. The title of the book
is Hidden Religion: The Greatest Mysteries
and Symbols of the World's Religious
Beliefs, published by ABC-CLIO, which is
an academic publisher in Santa Barbara,
California. And both are freelance - Issitt, is
a freelance writer/researcher and Main is
freelance author and editor. And the fourth
one is a more recent one, which I obviously,
didn't read at the time, that may assist my
Lady in establishing the fact of what this
symbol means and it's a book by Jeffrey G.
Snodgrass, published in 2023, this year, and
the title of the book is the The Avatar
Faculty: Ecstatic Transformations in Religion
and Video Games and that is published by
University of California Press. And Jeffrey
G. Snodgrass is a professor of Anthropology
at Colorado State University.
Q. And have you highlighted the sections
that deal with satanism?
A. I have indeed, yes.
Q. Thank you. If you can pass them over we
can have a look. Thank you. Can you go to
tab 374.
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Q. Tab 378.
A. That is an article from me about Groyper.
Q. Volume 8, tab 374, page 5822.
A. I believe this may be a document
disclosed by your side.
Q. Is this the document that you were
referring to yesterday, which you said would
help us?
A. No.
Q. Do you have the reference for the
document that you say would help us, from
the bundle?
A. So, I think the documents that are the
academic references are not in the bundle and
that is an omission because I didn't foresee
that this would be a point of controversy.
Q. Yesterday -A. Yes.
Q. -- you said there was a document in the
bundle which informed your knowledge or
your perception of the symbol. Do you know
where it is?
A. I don't believe it's in the bundle. I did
see this article because this was one of the
few Google Image search results, although
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6 October 2023
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A. Yes. Who can I pass these to?
MRS JUSTICE COLLINS RICE: Perhaps
the associate. Ah - gone.
MR WALKER: I think your colleague is up
there.
MRS JUSTICE COLLINS RICE: Oh, busy.
I wonder if you could just collect the
documents from the witness.
MR WALKER: And of course the one that
was in 2023 will have had no bearing on your
thought process because, you did not look at
it at the time.
A. Indeed, it has a bearing on my continuing
belief in them being death threats, so -Q. The question I am asking is, in 2023, we
are now in 2023 -A. Yes.
Q. -- at the time, you did not look at it. So,
it would have no bearing on your thought
process at the time. Is that correct?
A. Correct.
Q. Thank you. So, volume 8, tab 374, 5822,
is that the document that you were referring
to yesterday?
A. Sorry, 378?
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the image is inverted here, but this is a appears to be a blog post, which does have
three citations at the bottom, one of which is,
actually, the Wikipedia article. So, the
authority of that article is not - is perhaps not
the best.
Q. You know I am suggesting to you, that
this is the other document within the bundle
that deals with the Kalfu symbol. Do you
agree with that?
A. It's the other document in the bundle that
deals with the Kalfu symbol, because I don't
believe there are any other documents.
Q. Would you accept A. And if I gave the impression or stated that
there was an academic text in the bundle,
then that is incorrect. If you would permit
me perhaps to go to those academic texts-Q. I want to be fair to you. (After a pause) I
am sorry, I am trying to find the reference.
Yesterday, as I understood it from my
recollection, and if I am mistaken please say,
I had understood it that you said that there
was a document within the bundle that would
assist us or assist the court in illustrating how
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Miller & Power v Turner
you came to the conclusion that the Kalfu
symbol was associated with satanism.
A. I believe I said that, and I believe I also
then said it may not be in the bundle. That
would be in the transcript. If I didn't say
that, then I thought it and I am saying it now.
Q. I am pointing you to this document,
which has nothing to do with satanism. And
I suggest what you have done is you have
gone overnight, and you have looked at - you
have retrofitted your evidence this morning
to assist you in what you were saying
yesterday. Do you agree?
A. No, I don't and this blog post, which is
not an academic text says that - equates
Kalfu with a demon, which I think is not that
far removed from a demonic or devil persona
of Satan, but I did not base my opinion - As I
said yesterday, I think I said quite clearly,
that I was not basing my opinion of Satan before I went to the police, I had thoroughly
researched it. I am sure I said that yesterday
and that quickly sharing a Wikipedia article
when I am doing a reverse Google search in
my Twitter chat with Katie Anderson, who is
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multiple sources and they all said pretty
much the same thing and gave the same
description", and then Mr Walker, you said,
"Can you help us with the source, just
overnight, so that we can look at them?", and
I can see that I intervened because the
witness was leafing through the bundles and
he said, "Oh, sorry, I believe there's one
other document in here", that is in the
bundles. And then I said, "if we adjourn and
... [the witness] can identify it and you can
consider it overnight". I think that is the
exchange.
MR WALKER: So, is there another
document in there?
A. No, I was referring to my knowledge that
was in another document in the bundle that
referred to that symbol, but as I said, I
referred to multiple articles, especially
academic ones. And I saw this because it
came up as - you understand, these academic
texts are not illustrated. So, they don't have
an illustration of the symbol, but we have
established that this is what that symbol was,
but as I said I referred to multiple documents.
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6 October 2023
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an Associate Professor at Rutgers University
and a librarian, is a shorthand way of saying,
"Oh, well, this is what that symbol may be".
And quite often in my exchanges with Katie,
she will send me though academic material,
as a librarian, what she has access to. This
wasn't a case where that much research was
actually necessary, because a very quick
search on Google Books brought up those
academic articles, not least the dictionary,
The Historical Dictionary of Haiti, which
gives us a very clear definition.
MRS JUSTICE COLLINS RICE: I think the
relevant parts of the transcript are on pages
213 and 214.
MR WALKER: 213 and 214, I am very
grateful.
MRS JUSTICE COLLINS RICE: At the
very end of yesterday, the witness said that
he thought he researched further "and there
was not just this Wikipedia article that I
looked into, and especially not before I went
to the police. There were other - as I say,
there were very few articles published about
this particular symbol, but I looked at
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So, this is another document about that
symbol. It is not a reliable source and I
understand that this was your inclusion in the
bundle.
Q. So, you were mistaken when you said,
there was something else in the bundle?
A. No, this is something else in the bundle,
but I referred to my, at the time, referring to
multiple sources, which were academic
sources.
Q. The impression it seemed to convey
yesterday was not that there is something else
in the bundle which refers to satanism.
A. That referred to this symbol.
Q. Satanism.
A. Well, it referred to a demon.
Q. Demons are not satanism, are they?
A. I don't profess to be an expert on
satanism, demons, demonic, esoteric
knowledge, but I defer to the experts, the
academic experts who have studied this their
whole life, who do make very clear that
Kalfu is Satan. If I will be allowed to refer to
the short descriptions by academics that
confirm this --
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Miller & Power v Turner
Q. I am asking again, might it be that your
perception of these tweets was mistaken
because you were feeling particularly
vulnerable about the unpleasantness you say
you had suffered from others before your
engagement with Mr Miller and Ms Power?
A. Absolutely not.
Q. Could you go to bundle 2, tab 40 please
and it is page 859.
A. 849?
Q. 859.
A. 859.
Q. Do you, have it?
A. Yes.
Q. This is your tweet is it not, at the bottom?
A. Yes.
Q. And it reads, "My God, you've finally
triggered me", with a trophy emoji.
A. Yes.
Q. And that was your first response to Mr
Miller, was it not?
A. Well, I believe there's been captured a
chain that I haven't seen for five years, that if
I would maybe, be permitted to see, so, I can
refresh my memory of exactly how this chain
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Q. Sorry, have you finished?
A. Yes.
Q. You were excited to get into a row, were
you not, Mr Turner?
A. Absolutely not.
Q. And that is the purpose of the trophy.
A. No, that doesn't make sense.
Q. Mr Miller has won a prize. That is what
you are saying.
A. It's a sarcastic tweet in response to tweets
which I understand may have just been
disclosed, which I haven't seen for five
years. So, I would appreciate seeing those.
Q. What you meant is that you are going to
start something because you have been
triggered or activated. That is right, is it not?
A. No, absolutely not.
Q. And what follows as far as what you
claim to be harassment against you, is a
series of tweets between you and various
people, including Mr Miller, that lasts until 4
August. Correct?
A. No, that chronology doesn't seem to be
correct and furthermore, triggered does not
mean activated. It is not, "I have been
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6 October 2023
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played out, because you will understand that
these were anonymous accounts and -Q. Mr Turner, I'm not taking that point. Is
this your tweet?
A. Yes.
Q. And that is in response to Mr Miller?
A. Yes.
Q. And on the face of it, you do not appear
to be particularly traumatised here, do you?
A. That is not what the tweet means, and it
was a sort of, defence mechanism that I had
learned over the years of being targeted by
alt-right trolls on Twitter who were
attempting to troll or go down a line which
was defensive or defending the indefensible
in the alt-right and the far-right. And it was a
sort of - a sign of sort of sarcastic applause to
indicate that I've seen it, I've moved on,
because it's a way of, sort of diffusing the
situation. Unfortunately, this is not
something that worked in all situations and
this -Q. You were - I am sorry, I thought you had
finished.
A. Yes, and this situation is not one of them.
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launched out of a gun". That is not the
meaning of the word, triggered.
Q. Between 27 July and 4 August, you gave
as good as you got, did you not?
A. No, that is incorrect. I did not engage the full chronology is in my witness
statement, so, if I get the dates or the timings
slightly wrong, but I did not engage with Mr
Miller after 30 July at the start of his thread
that BasedBrooklyn and then Deanna Havas
picked up. And then I did not engage with
Deanna Havas after those seven or eight
replies to her about the Pepe the Frog image.
So, there were no replies to Mr Miller from
30 July 2018 to this date.
Q. If I ask a question and you do not
understand, please say and I will repeat the
question. Between 27 July and 4 August,
you gave as good as you got, did you not?
A. No and I don't understand, perhaps, what
is meant as, "gave as good as I got" when we
can see the evidence of the horrific, abusive
and bigoted messages that Mr Miller directed
at me, and I have never responded with
bigoted or abusive language.
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Miller & Power v Turner
Q. You were a bully.
A. No.
Q. And you carried out a campaign of
bullying these people that you disagreed
with. You went to organisations, you had
caused them significant reputational harm, on
purpose.
A. No, and bear in mind, also, up until 3
August I had no idea that the dcxtv account
was Mr Miller, nor who Mr Miller was until I
started reading and I read his name in passing
as part of the process and that Andrew
Osborne reached out to me to tell her - to tell
me about that he was this account and that he
was the sole counter-protester at the LD50.
Q. You also deleted tweets from that period,
did you not?
A. I deleted the tweet where I described
LD50 as an alt-right, aka neo-Nazi gallery, as
described because there was a pile-on and I
wanted to make sure my assessment of the
gallery was correct and I found that it was
indeed accurate to describe it as an alt-right
aka alt-Nazi gallery, "alt-right" in my tweet
being used in scare quotes because at that
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saying was indeed factual.
Q. I am so sorry. I was just seeking some
instructions. It follows, Mr Turner, that you
had tweeted this opinion before conducting
the exercise of researching properly.
MRS JUSTICE COLLINS RICE: Well,
perhaps it would be fair, if the witness is
being cross-examined on this, for him to see
these tweets.
MR WALKER: I am not referring to the
tweets. I am asking if MS EVANS: But they are part of the context
now.
MR WALKER: I have absolutely no
problem with him seeing the tweets at all. I
am cross-examining on the statement, which
is at paragraph 100 of his witness statement,
and the point I am seeking to make is he
makes a tweet and then he deletes it because
he has not done the research.
MRS JUSTICE COLLINS RICE: Well, this
refers to the issue of research.
MS EVANS: I think the reality is, and my
Lady knows this better than anybody, that if
these had been disclosed when they should
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time it was very much the alt-right's term
and it was a bit euphemistic and people
didn't at that time fully appreciate what the
alt-right was. Today I'm more happy to use
that term because there is wider knowledge
of what the alt-right is about giving the
description.
Q. You say in your witness statement at
paragraph 100: "I deleted my original tweet
referring to LD50 so that I could investigate
the background to the gallery." Now, that
tweet, as you said, is that LD50 was an
explicitly alt-right (aka alt-Nazi) gallery.
A. Yes.
Q. And you say that you deleted it so that
you could investigate the background to the
gallery.
A. Investigate further so that I was sure, and
also because I was scared by the ferocity of
the abuse and attacks, including by Jack
Stokoe's ParallaxOptics account in reaction
to something which I thought on that at the
time I tweeted it that this was an
uncontroversial fact and I wished to do
further research to establish that what I was
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have been, there would be in the bundle, so
there wouldn't be a problem.
MR WALKER: I am in my Lady's hands
and I encourage the witness to be able to see
the tweets. There is absolutely nothing
behind - what I should say, if there is an
explicit criticism, is we have disclosed these
documents as quickly as possible.
MRS JUSTICE COLLINS RICE: No, I
understand.
MR WALKER: These bundles have been
changed a myriad of times. I do not have
half of the things in them and I have kept my
own countenance on this point.
MRS JUSTICE COLLINS RICE: Well, if
your line of questioning is this was an
opinion given without research, then this is
relevant to that.
MR WALKER: I think the judge has those.
MRS JUSTICE COLLINS RICE: I have
them.
MR WALKER: It is for the witness.
MRS JUSTICE COLLINS RICE: It is for
the witness. (Documents handed to the
witness)
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Miller & Power v Turner
MR WALKER: Re-familiarise yourself, Mr
Turner.
A. Yes. Are these - is this one supposed to
be the same on both sides?
Q. I think so, yes. You will be more familiar
with these than I am, frankly, because I got
them this morning.
A. Yes, but you appreciate I haven't seen
them for five years as well.
Q. Of course. Mr Turner, this exercise is not
intended to trip you up.
A. Yes.
Q. We want you to assist the court with your
evidence, so please take your time and go
through them. If they assist you, please do.
A. So, this does assist me, yes.
Q. You say here, "You got me there because
contrary to their website I visited at the time"
- you are talking about visiting their website.
A. Yes, and I can - that page is in the bundle
and it will be of assistance to view that page
to view what I saw.
Q. Yes.
A. And I can take my Lady there if it will
assist. Let me just find the reference. It's the
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explanation as to how you came to the
conclusion that this gallery was an explicit
alt-right gallery on the basis of that image -A. Because in the top right-hand corner it
has a triskelion, which is a three-pronged
swastika.
Q. Yes.
A. And the quote there is a quote by Adolf
Hitler.
Q. And so do you dismiss all of the other
things on this page?
A. The names underneath that image are farright extremists and neo-Nazis including the
neo-Nazi known as Bronze Age Pervert,
Steve Sailer, who is a white supremacist,
Outsideness who is Nick Land, who is a
leader of the extremist far-right
accelerationist and neo-reactionary
movement. Also, Mencius Moldbug, who is
another leader of the neo-reactionary
movement, Eliot Rodger, who is a spree
killer, who has been discussed at length in
previous cross-examination, someone called
HBDNRX, which stands for Human Bio
Diversity Neo-Reactionary, which is an
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LD57 exhibition page if anyone gets there
before me. (After a pause) I have it. It is tab
121 in volume 4.
Q. Page 3240?
A. Yes.
Q. This is the document which was referred
to either in Mr Miller or in Ms Power's
evidence.
A. Yes, I believe so, yes.
Q. Yes. Help us with that.
A. Okay, so this is the exhibition's page as it
would have looked at the time of my tweet
saying I'd gone to their website. There were
other pages on the website including when
you clicked through. This shows the
thumbnails or the various exhibitions and
events, or exhibitions. There was another
page for talks, and I draw your attention in
particular to the middle row on the left-hand
side that has the number 7182266. Now, that
may need some explaining.
MRS JUSTICE COLLINS RICE: I cannot it is very difficult to read.
A. It is very small. Perhaps we could get a MR WALKER: Well, if you give us your
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extremist far-right racist movement. I
confess I do not know who E-Terrorist is but
I think that name speaks for itself. In the top
row, middle, the exhibition called
Corporeality includes again Kantbot, who is
also on that previous image, who is a farright Incel figure, a prominent figure of the
Incel movement. Also, a well-known altright figure at the time called TV KWA, who
is a figure who wears a balaclava mask and
conceals his voice in videos who had some
notability at that time. Clicking through to
that exhibition page, which I believe we went
through in previous cross-examination and it
may not be worthwhile going through to it,
but it included the presentation of the spree
killer Eliot Rodger's video manifesto. It
included images of Pepe the Frog and it
included tarot-like cards, or I believe they are
World of Warcraft cards that had been made
for the prominent figures on the far-right
including Richard Spencer who - I believe
that image is maybe somewhere in the bundle
but maybe for proportionality it didn't make
it into the bundle but it describes Richard
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Miller & Power v Turner
Spencer in incredibly offensive terms to
those who do not subscribe to Richard
Spencer's neo-Nazi ideology.
I could probably go on but yes, I think as
someone who knows, as I do and as I did at
the time, what these symbols mean, what the
triskelion means as a neo-Nazi three-pronged
swastika, what a quote by Adolf Hitler means
and what all these figures represent and stand
for, I came to the opinion, yes, this is an
explicitly alt-right, aka neo-Nazi gallery. I
see that my tweet that you have just handed
me as well mentions that they had, and there
is no timestamp on this - although we could
work out the time of this because there is a
timestamp at the bottom one - but I say in
my top tweet that I visit the website at the
time, and there are numerous first-hand
reports, and there was actually - I don't
know what I am responding to here but it
says there was actually nothing - I say:
"There is actually nothing of the sort in the
exhibition", which presumably was
responding to something someone - it could
be the dcxtv account, although it's not clear
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right and neo-Nazi turn. We can also turn to
the talks page which illustrates this point
because this was also a page that I referred to
and it makes exactly the same point. So, if
you would give me a moment to find that tab
Q. This is difficult. I am not going to
interrupt. My practice in this crossexamination is I am going to let you talk as
long as you want.
MRS JUSTICE COLLINS RICE: Well, the
question you asked, as I understand it correct me if I am wrong - was that the
allegation this witness made about this being
an alt-right aka alt-Nazi gallery was underresearched. So as I understand it, he is
explaining what his research was.
MR WALKER: Your research consisted of
having a look at their webpage. Correct?
A. That is their public-facing page. That is
how one researches the actual primary source
of what the gallery is, though you understand
at that time the gallery had also been closed
for well over a year. There was also a
Guardian article which I believe I had lightly
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because there are multiple people in this
thread - but I make plain I had visited the
websites and seen the exhibition page and
seen their neo-reaction conference that
included, as I say, far-right speakers like
Brett Stevens and Peter Brimlow, and I think
that is emphatic. This was an alt-right aka
alt-Nazi organising space.
Q. I am not going to interrupt and this will
take some time. Go over the page. Just, for
example Jesse Darling, nominated for the
Turner Prize this year A. Yes, I've worked with Jesse Darling.
Q. And I think it is Joe Holder and Juliette
Boneviotte.
A. Yes.
Q. The question I ask is did you dismiss all
of the other things on this page or over the
page A. So, what had happened with this gallery
space is it has been set up and invited more
mainstream artists to establish itself as a
gallery space and then that acted as a sort of
front for - as you see, these are the early
exhibitions, and then it takes an explicitly alt-
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read at the time of the protests and I
reacquainted myself with that, which is also
in the bundle.
Q. Whilst you look for that, Mr Turner A. Yes.
Q. - you made a statement based on a quick
scan of the website. That is what your
evidence comes to.
A. No, it's very clear from these tweets that
you have handed me this morning that that is
not the case and that is not what they say.
Q. Your tweet said, "You've got me there
because contrary to their website I visited at
the time and the first-hand reports". It was
the website that informed you in terms of
your research, or were your - help us A. I said I visited the website at the time and
numerous first-hand reports.
Q. Which related to the LD50 exhibition
which you had a problem with?
A. I was talking about the gallery. It wasn't
just the exhibition; it was a series of - it was
- more concerning was the organising, the
far-right conference that took place in the
summer of 2017 when some of the most
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Miller & Power v Turner
abhorrent far-right extremists were invited to
give talks unopposed. This wasn't a, "Let's
talk to people on both sides" thing. This was
a stream of talks exclusively by extremist farright racists and antisemites and, if I could
just - if you excuse me, if I could find the
events page it will show that. It is the LD50
events page.
Q. Can you go to tab 101?
A. Which Q. Same volume, volume 4, tab 101.
A. Yes.
Q. Can you see the article?
A. Yes.
Q. Can you see the reply?
A. Yes.
Q. It is by Mr Miller. It was sent to you in a
tweet during the exchange after you had
called - very quickly after you had called
LD50 an explicitly alt-right aka alt-Nazi
gallery.
A. Yes, correct.
Q. Did you read that?
A. At the time when it was sent to me, I
clicked through. I scanned it very quickly. I
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thread engaging in fascist apologia and who
has sent me an article proclaiming to tell the
true story of an obviously alt-right space. I
approached it with a degree of scepticism
that is appropriate and made a judgment on
that and I didn't particularly see that I would
gain any insight that was reliable from a
work that was plainly defending the
indefensible.
MR WALKER: I would encourage the court
to read that article at the court's leisure.
MRS JUSTICE COLLINS RICE: I will do.
MR WALKER: (To the witness) So you do
not make quick judgments with that, do I
understand your answer? You do not make
snap judgments; is that right?
A. I wouldn't say I make snap judgments. I
think judgments are something - I am
constantly reviewing judgments that I've
made, constantly reading further into things
where I find it is important and worthwhile
or an avenue that I need to research more
about. Obviously I cannot research
thoroughly on every single aspect of the
world and every single thing that is sent to
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6 October 2023
Page 35
saw that it was a medium blogpost, a long,
rambling blogpost that very quickly I
assessed when scanning whether something
was a reliable source, worth reading, that it
was not and it was a work of fascist apologia.
I had not when I clicked through made the
connection between the dcxtv account that
had sent me this and the name DC Miller in
the top corner because the name Miller was
not present at all.
Q. So, you did not read it properly?
A. I didn't read it properly on that date and
as my witness statement says, I later, after
Andrew Osborne told me that dcxtv was Mr
Miller and he was researching him further, I
did read this article fully and I found it to
affirm my quick assessment that it was an
unreliable piece of fascist apologia and it also
contains murderous fantasy in one paragraph
that I found particularly disturbing, yes.
Q. Can we, going on this - that you make
quick assessments, Mr Turner?
A. I don't agree with that. I made an
assessment of something of someone who
was clearly - who was obviously in this
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me and I'd had no vested interests in having
a discussion about LD50 Gallery. This was a
gallery that had existed and been protested at
a time when I was doing my artwork in the
United States and I had not been involved in
any of those events.
Q. I suggest that it is exactly what you do.
What you do is you make a statement and
then you look it up afterwards. Do you
agree?
A. Absolutely not.
Q. And you also deleted a tweet to Mr Miller
where you accepted not actually having gone
to the gallery.
A. (no reply)
Q. Are you checking?
A. I am checking these tweets, whether they
show that because Q. Can you remember?
A. I can't remember my exact words and as
we've got this Q. Well, help us. Did you ever go?
A. No, I did not go.
Q. You did not go?
A. No.
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Miller & Power v Turner
Q. You formed your opinion based on
asking other people and looking at a website
concerning an exhibition you did not actually
go to?
A. No, that's an incorrect framing of it. I
went on the gallery's own website, which is
its own public-facing publicity about the
work that it hosts and gallery websites, that is
one purpose of them, and the main purpose
of them, to contextualise and present the
work that they show and the events that they
did. I went to that and I also read the
Guardian article that was published at the
time about the gallery being protested for
exhibiting neo-Nazi or hosting neo-Nazi
speakers.
Q. Can you go to tab 8 of bundle 1?
A. Yes.
Q. Do you accept that you were deleting
tweets at the time?
A. I accept that I deleted the tweets in that
thread as a result of the pile-on and my fear
and shock at the abuse I was receiving and
also wanting to make sure that my opinion of
that space was fully informed.
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you by Mr Turner, is fascist apologia.
A. Yes.
Q. And you repeat statements like that and
then you expand upon them referring to your
previous statement as though they are fact.
That is what you do, is it not?
A. Well, I have read that article and in my
opinion it is a piece of fascist apologia. I
believe that the events and exhibitions,
particularly the neo-reaction conference
hosted by LD50 was indefensible and
dangerous.
Q. I asked you if that is what you do and you
have given your answer.
A. Yes.
Q. You do that to manipulate and to contort
discussion do you not?
A. No, I do not.
Q. There is the third tweet: "Dumb-as-fuck
dishonest propaganda hack cocksucker
@Luke Turner has deleted these tweets how about an apology and an admission that
you were wrong?" Now, he is referring to
then - you were involved in the discussion he is referring to then your tweet about the
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6 October 2023
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Q. Tab 8, page 156 there are three tweets. I
will read it to you: "Hello. This is
confirmation that we have received your
request. Someone from our team will review
it and reply to you shortly", the first tweet
reads. Another deleted tweet by
pathologically dishonest careerist retard
shitbag Luke Turner." Then the next one that
you reported was: "Luke Turner, I gave you
an exit and you choose not to take it. Why
did you delete your tweets, cocksucker?"
The exit was the article where Mr Miller which I referred you to, was it not?
A. To be honest, I don't know what the exit
being referred to there. I can't see how an
article of fascist apologia is an exit. If by
that you mean to submit to a false narrative
about an alt-right space, that might be one
interpretation but I did not know what was
meant by "I gave you an exit." I did not
know who this person was and I did not
know that he was the author of that article.
Q. Mr Turner, what you do is you make a
statement - you have made a statement that
the document, the blogpost which was sent to
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whole gallery being an alt-right aka Nazi
gallery.
A. Yes, I accept that.
Q. And he is referring, because you can help
us, you know the tweets that you deleted and
you know the order that they came in - he is
referring to having sent you an article that he
wrote on why this gallery should not be
cancelled, is he not?
A. These tweets were five years ago and you
appreciate and they happened in quick
succession so I Q. If you cannot help us, you cannot help us.
A. I am just picking you up on the statement
that I knew the order, they were my tweets
and I know the order. I do not remember the
order of those tweets. I don't think it's of
any great consequence but I accept that
amongst those tweets, this article was sent to
me and that the reference to, "How about an
apology and admission you were wrong?", I
accept that is about my characterisation and
description of LD50 as an alt-right aka altNazi gallery, yes.
Q. And you have continued. These were not
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the only tweets you have deleted were they?
A. Sorry, which, the Q. Did you delete other tweets within these
threads?
A. I don't recall, but certainly there was no
dozens of deleted tweets, no.
Q. Okay. I am just going to read some
references to you in the hope of shifting this
along.
A. Yes.
Q. Page 493, paragraph 130, you accept
deleting another tweet. Page 586, paragraph
466 of your statement, you accept deleting
other tweets. You were deleting tweets so
that you could change the context of your
discussion, were you not?
A. Sorry, I don't - you would have to give
me the dates of those tweets. I don't know
whether those are months apart or on the
same day or Q. Bundle 2, tab 41, page 1029. This is the,
"You've been triggered". That was on 27
July 2018.
A. Is that - sorry, volume 2?
Q. Bundle 2. I am so sorry, it is the bundle
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time shows within nine minutes of - sorry,
six minutes - of his Tweet, saying that I
wasn't telling the truth about reporting his
Tweets, he was temporarily suspended, and I
- I replied, 'life comes at you fast', because I
thought it showed, that I was in fact telling
the truth.
Q. I - the question I asked, was, 'this is you
Tweeting about Mr Miller', or along those
lines.
A. I did -Q. Sorry, I -A. Yes.
Q. -- I can't remember the exact syntax, is it
a 'yes' or 'no'?
A. I did not know -Q. Okay.
A. -- this was an anonymous account, at that
time.
Q. Perhaps - perhaps... you know it is Mr
Miller now, don't you?
A. No, I knew it was Mr Miller from the 3rd
of August, I know it.
Q. Your report for my question, is that I'm
seeking to say it is someone else. Is that
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that I have already referred you to. Bundle 2,
it is tab 41. It is the, "My God, you've
finally triggered me". I am reading from the
bottom, page 1029, tab 41.
A. Yes.
Q. And if we go over the page, we can see
that the tweets and your exchanges are
chronological. You say at page 1031 "The
only person you're hammering is yourself"
and then go over the page again, 1032, 1032.
This is you saying 'life comes at you pretty
fast', do you see?
A. Yes, that was a reply to Mr Miller...
Q. Mhm
A. His Tweet, which you can see screenshot
there, that will be in tab 40, but we need not
go there, but it's a quote Tweeting my Tweet
of the previous page, at 1031. Saying that his
abusive, homophobic and ableist Tweets
have been reported. And then he quoteTweeted that, saying 'he just can't tell the
truth', which I took to be an accusation that I
had not reported those tweets, or that they
were not abusive, and homophobic and
ableist. And I recall that within - the - the
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what you think?
A. No, I think it's just important to
contextualise this as an anonymous alt-right
account.
Q. Well we can certainly agree that context
is important, but this is - this 'life comes at
you pretty fast', perhaps we can agree about
this, that is a quote from Ferris Bueller's Day
Off, indicating that something negative had
happened to Mr Miller?
A. I - I honestly did not know that was a
quote from that film, I think it's a commonly
used phrase, although I have seen Ferris
Bueller's Day Off.
Q. Because, this was something you had
reported to Twitter, and he was then
suspended. Yes?
A. Yes, I think he was suspended for that for 24 hours - for that string of obscene,
abusive, homophobic and ableist Tweets, that
are shown on 1030.
Q. And you...
A. And I think that's an incredibly moderate
response to those abhorrent, abusive Tweets.
Q. And you continue quote-Tweeting him,
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and jousting with people, until well after the
4th of August, don't you? Going over the
period...
A. No.
Q. Over the period. You carry on, you keep
it going, don't you?
A. I'm sorry, that chronology is incorrect.
Q. Well, 27th of July is the, the LB50 is an
art gallery even though it's hosting Turner
nominated artists. 4th of August, we get to is that when he was - when he was - 4th of
August is the end of the quote - the Tweets
that we are concerned with, as far as this
litigation goes?
A. No, that - that's incorrect, that
chronology is incorrect. My final Tweet
replying to Mr Miller, the last time I have
ever engaged - replied to Mr Miller, was on
the 30th of July 2018, in response - and this
is at 1038 - in response to his Tweet saying
'Pathological liar and spineless coward
@Luke_Turner simply does not know when
to quit.', and I reply 'There are no lies here.
Read my tweets.' That is my last reply to Mr
Miller.
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Q. Are you tagged in this Tweet?
A. I am not tagged in that one - one tweet,
no.
Q. And is it Mr Miller Retweeting himself?
A. Yes.
Q. And is anyone else tagged in that Tweet?
A. Not in that Tweet in isolation, no.
Q. And that is, from Mr Miller's account, to
the Twitterverse at large, is it not?
A. Specifically, the 'they', I take it, and it is
clear from the context, refers to the group of
people, small group of art-world people, who
were posting in support and in defence of me,
in response to the swastikas and other
antisemitic abuse that Deanna Havas had
directed at me.
Q. The goodies and the baddies. Goodies
are on your side, baddies on his side.
A. Are we just talking about the dcxtv
accounts, Mr Miller, that I found out later
that day in the same - I am not
Q. What I am seeking -A. -- generalising here.
Q. What I am seeking to explore is, your
worldview is that whatever you say is
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6 October 2023
Page 47
Q. You are engaging, and giving as good as
you get.
A. I cannot see how saying 'There are no
lies here. Read my tweets.' is giving as good
as I got when we have just seen the horrific,
abusive Tweets to which I am responding,
and - and I would hope, a measured response.
Q. Well let - have you finished?
A. Yes.
Q. Let's continue with what you claim to be
death threats. Bundle 1, tab 8 - tab 8, page
160. And this is the - this should be, part in
that - this should be the 'What they don't
know, but will know', where it comes from it comes from. Page 160. Now, help us with
this.
A. Yes.
Q. You are tagged, is that correct?
A. So we are not looking at the sequence of
Tweets, if it's just one, page 160.
Q. Can you help me with my question?
A. Yes.
Q. Are you tagged?
A. In - in this - in this sequence of Tweets,
yes.
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correct, and anyone who disagrees with you
is incorrect, and then 'bad', do you agree?
A. No.
Q. Pause - just pausing there, did you
actually follow Mr Miller's @dcxtv account
at this stage?
A. No. I've never followed his account.
Q. And you - so you - so you could have
blocked it, if you generally [?] thought he
was threatening you, couldn't you?
A. Yes, and as I've detailed in my witness
statement, often blocking is a double-edged
sword, it is seen as -Q. Could you -A. -- sometimes a - yes?
Q. I'm so sorry.
A. Yes, I could have.
Q. You could have muted it?
A. Yes, if - if I'd been permitted to finish my
answer, it is a double-edged sword because it
is seen, sometimes, as either a provocation or
a trophy, for that account to hold up, which
encourages further abuse and harassment.
Q. You have posted a literal depiction of a
trophy, after saying that you had been
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triggered, Mr Turner?
A. Yes. That is, in a sense, a... reiterating
the same thing, if you like [?] inverting it,
that these accounts seek out the trophy, and
it's sort of giving them - it was a sarcastic,
meaningless trophy, as opposed to anything
targeting me directly.
Q. Page 165, in the - the same tab.
A. Yes.
Q. These are the other Tweets that you
describe, at paragraph 146 of your statement,
as being extremely sinister and disturbing.
And that is in the annex to your defence.
A. Yes.
Q. What you are seeking to do there, I
suggest, is - is produce for the court a series
of three tweets, in order, with no time and
only the 'BLOOD' Tweet with a date,
because this is your screenshot, isn't it?
A. Well - well actually this is taken from
two screenshots and we - it may be of more
assistance to go to tab 3, how these tweets which show the original screenshots, which
was also sent to the police, and this features
in other places. But that is, at tab 3 page 40,
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A. Yes.
Q. So at page 165, those Tweets, they are
not - none of them are replying to a Tweet
from you, are they?
A. They are bookended by Tweets, almost
ex-- well, exclusively, about me and those
posting in support of me.
Q. It is not disputed that you think it is about
you, Mr - Mr Turner. No one disputes that
you think - that you think this is all about
you, so we are clear. Please, if I am asking a
question that you do not understand, say.
What I have asked you is, these Tweets are
not replying to a Tweet from you. Let's
look, are you in there? Is it a reply to a Luke
Turner tweet?
A. It - it, so the thread of Tweets, or the
sequence of - close sequence of Tweets, yes,
is responding to me and those supporting me,
and the first claimant, in his evidence - in
cross-examination, admitted, rather
disturbingly, that these were targeted at his,
quote, 'shit list', and went on to describe that
that was the group of people defending me,
and by that measure I would be at the top of
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6 October 2023
Page 51
and that is the original screenshot, and it is a
screenshot of Mr Miller's Timeline.
Q. So your evidence is, this is what you sent
to the police?
A. This screenshot, yes.
Q. So, page 165 is what you sent to the
police?
A. No, I - I'm, sorry - I'm referring you -Q. This -A. -- to tab 3, page 40, which contains -Q. I am asking you about page 165?
A. Yes... yes.
Q. And is that what you sent to the police?
A. I believe it was the screenshot that
contained the fourth tweet, but we - though
my email to the police is in here, so we can
double check, and if I'm incorrect I - I stand
corrected, but I believe it shows the four.
Q. Just so we can move on, you think it
might be, is that as close as we can get? It
might be the one - this may be a screenshot
that you sent to the police.
A. I believe it is the one that shows that the
four tweets.
Q. Marvellous.
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that list.
Q. Mr Turner, these Tweets at page 165 do
not tag you, they are not replying to a Tweet
from. I am sorry, there are two questions in
there, I am just trying to move us along.
A. Yes, I - I agree that these Tweets in
isolation don't, but in the - in a full context,
they do.
Q. Therefore, they are Tweets, can you
accept, from Mr Miller's account, not in a
thread, they are from Mr Miller's account,
projected to the Twitterverse at large. Can
we agree about that?
A. Yes, but for, more specifically, I think it's
clear that these were firstly directed at the
group, as I've described, of which he saw me
as a sort of... yeah, a part of that group, let's
put it that way, and also that these were
intended to be extremely sinister, which also
goes to the profile image that he had changed
his profile to, which is an extremely sinister
image of a zombie, someone undead,
someone from the underworld, a demonic
figure, which relates very closely to the
associations and definitions of the kalfu,
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Miller & Power v Turner
satanic kalfu symbol.
Q. So he is a satanist, is he?
A. I - I think there's a difference between
calling someone a satanist, and saying
something is a satanic symbol. I think
satanism itself has various strands, some of
them are anti-Semitic, others are not. I've
never accused the first claimant of being a
satanist. On my web - on my archive page,
the content of which is not complained about,
only the content warning - but the only other
text on that page, describes the symbol, for
context, as a kalfu satanic symbol. That is
not the same as calling him a satanist.
Q. The Star of David, what was your import
from that?
A. I've not seen a -Q. It's the Star of David, when he changed it
- when he changed his account to the Star of
David.
A. That is not the - that is not his evidence,
that he changed his profile picture to the Star
of David, this refers, in his witness statement,
to a new account he set up. I've never seen
that account, I'm not aware of it.
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chastise me greatly if I have cut across
wrongly, but I am trying to move this along.
MRS JUSTICE COLLINS RICE: Yes.
MR WALKER: -- it is difficult.
MRS JUSTICE COLLINS RICE: I am
conscious of the time.
MR WALKER: Yes, we are not moving
very far, and I am...
MRS JUSTICE COLLINS RICE: Well, in in
terms of having a break.
MR WALKER: Yes. I -MRS JUSTICE COLLINS RICE: Is this a
good moment, or are you in the middle of
something?
MR WALKER: It would be, yes. Thank
you.
MRS JUSTICE COLLINS RICE: Five
minutes, then.
(11.46)
(A short adjournment)
(11.57)
MS EVANS: My Lady, can I hand up
a better copy that you asked for of that page?
MRS JUSTICE COLLINS RICE: I see, yes,
thank you.
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6 October 2023
Page 55
Q. And... what do you think of that? That
he changed his - are you saying he is lying?
A. I'm not saying he's lying, I'm saying I
didn't see that account. And - and he's
provided no evidence of it.
Q. You - you do not think he is lying, you do
not think he was mistaken - he changed his
account. You have heard the evidence, you
have read his witness statement, he changed
his image to that of that of a Star of David,
because of the attacks that were called - that
were produced by you calling out a mob,
against him. What did you think about that,
when you read it?
A. There is much in the first claimant's
witness statement that is demonstrable lies, I
have no reason to necessarily believe this
account, when there is no evidence of it, but I
don't particularly have an opinion of it.
What I do have an opinion of is the sequence
of Tweets, if we - if we could turn to tab -Q. We will go back the -A. Yeah.
Q. Tweets, and I am cutting across you, and
I know - and I would invite my Lady to
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MS EVANS: My friend has one. (Pause).
MRS JUSTICE COLLINS RICE: Thank
you very much. I see, yes.
MR WALKER: Mr Turner, just before the
break you gave evidence and you said, "I
have never seen this", the changed image of
the Star of David on Mr Miller's account.
And I suggest to you that on the dcisrisen
account, which was created, we heard in his
evidence, because you were perpetually
having a go at him, there were multiple Stars
of David on it. Can you help us?
A. No.
Q. Would you have screenshotted the
dcisrisen with the image of multiple Stars of
David on your archive?
A. I don't recall Stars of David.
Q. You see, what we have done here is you
have gone from "no" to "I do not recall", and
that is what you do, is it not?
A. Sorry, no, I don't.
Q. Okay, then I suggest that there is a twitter
handle on there called dcisrisen, it is on your
archive. It has an image which is multiple
Stars of David and within that dcisrisen
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Miller & Power v Turner
account there was a Hebrew piece of writing
and you would have seen that because you
screenshot it. Do you agree?
A. I'm trying to work out what you are
referring to. Is this the -Q. I am referring to your own archive that
you obsessively compiled about anyone who
disagrees with you. Can you help us?
(Pause). So, dcisrisen, there is an image and
it has multiple Magen Davids within the
image and had you -A. Is this the avatar that we are referring to?
Q. And had you have clicked onto that,
which you well know you would have, you
would have seen a Hebrew quote. Do you
agree?
A. If it's in the screenshot, then it's there. I
can't see from the screenshot I'm looking at
what that image is, but I note that the
claimant when questioned about his religion
noted that his mother was a Roman Catholic
before he then went into an uncontroversially
anti-Semitic statement that he did not think
that Israelis were Jewish. So I think this is
someone with, um, confused --
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correct.
Q. We can provide a more clear image.
Your evidence was, do you recall what you
just said before the break? Do you recall
saying that you had never seen it?
A. I was referring to the account that the first
claimant refers to in his witness statement
that had a different Hebrew username to what
appears here. And I don't recall seeing that.
Q. Going back to where we were before the
break, "watch your steps" does not refer to
you, does it? We are on page 165. Can we
agree it does not refer to you in the tweet?
A. In the tweet in isolation, no.
Q. "Blood", that is a retweet of an account
called 9gates, is it not?
A. Um, yes, and in his cross-examination the
first claimant revealed for the first time that
that account was his and it has taken four
years of litigation for him to come forward
with that information and his pleadings state,
falsely, that this tweet and this screenshot of
a sequence of tweets is taken out of context
and digitally manipulated, falsely stating that
that "blood" tweet came days later and there
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6 October 2023
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Q. I am trying not to get sidetracked.
A. Yes.
Q. But what has got to do with the question I
asked? His account of his mother, what has
that got to do with the question I asked?
A. The point I was getting at -Q. What is the relevance?
A. -- is this is someone who is ... seems to
follow an Evolian traditionalist world view
which believes that, in a nutshell, all the
world's major religions are, in Evola's terms,
degenerate or degenerated versions of the
one true religion and that encompasses
multiple world religions and so Judaism is
a part of that. And so I have no reason to
read more into that. If there are Stars of
David there, then there are.
Q. What you do is you obfuscate and you
use words and you are evasive when you
have been caught out. That is what you do,
is it not?
A. No, you are saying that these are on my
archive page and I'm trying to see in the
image and I can't quite see the detail of that.
But if that is what the image is, then that's
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were 20 tweets in between and he admitted
under cross-examination that indeed, yes, this
is the correct sequence and that his pleadings
were false in that regard.
Q. It does not reference you, does it?
A. Not the tweet in isolation, no.
Q. Thirdly: "They probably think I am
joking." It does not reference you.
A. Not the tweet in isolation, no.
Q. You know they are not direct threats, do
you not?
A. On the contrary, they are threats and they
are threats of ... they can only be, as the first
claimant said, his 9gates account, which he
said in his cross-examination that he thought
I would have clicked through to that account,
and indeed I did, and he said in his
cross-examination that I had withheld the
facts of clicking through to that account
because it did not fit my account. On the
contrary, as he described, and my
recollection of it is in keeping with that, there
were a handful, and it makes sense, nine
tweets on that page, which were various
elements, if I recall him saying, water, earth,
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Miller & Power v Turner
blood. The fact that he has chosen blood
there in this context can only mean one thing.
He admitted under cross-examination that it
meant violence. In this context it means
death.
Q. He did not say that in cross-examination,
did he?
A. I've looked at the transcript and he did,
yes.
Q. That is your interpretation because the
issue, I suggest, is you only have one
interpretation that everything has to be about
you and anyone who disagrees with you is
wrong and is challenging you, then it
becomes anti-Semitic or they are fascists.
That is what you do, is it not?
A. No. And just to correct you, I have
looked back through the transcripts and I
believe what I have said here is a correct
characterisation of his words.
Q. If we go back to the previous page, 164,
it is correct, I suggest, that between pages
164 and 165, so between the "Look into these
cold, black eyes and tell me that Luke Turner
has a soul" and the other tweets, there were
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basis for my opinion of misogyny and I
believe there are others in there that are
explicitly misogynistic.
Q. Secondly, none of them specifically
threaten you, do they?
A. Of those that you have just ... are we
talking about the misogyny tweets?
Q. Of those four tweets that you brought to
the attention of police that you claimed are
misogynistic, I have read them and I will
read them again: "This is what mental illness
looks like." "The village idiot speaks."
"Look into these cold, black eyes and tell me
Luke turner has a soul." "You are
a grotesque individual, totally devoid of
humanity." None of them specifically
threaten you.
A. I'm sorry, those four tweets are not
related ... out of four, at least two of them are
not related to misogyny, they are directed at
me. They are not directed at a woman. But
yes, I agree that they are threatening and
abusive and targeted at me. But they are ...
yes.
Q. Bundle 2, tab 47, page 1533, at the top.
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6 October 2023
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a number of tweets and those tweets are
missing because you deleted many of them.
A. I'm sorry, I have not deleted any tweets
from his account. I am not capable of
deleting tweets from his account. I have
disclosed all my screen shots of the dcxtv
account and I have never deleted any.
Q. Other tweets that you brought to the
attention of the police, Mr Turner, included
some that you claimed were misogynistic.
Do you agree?
A. Yes.
Q. Those tweets that you claimed to have
been misogynistic were: "This is what mental
illness looks like." "The village idiot
speaks." "Look into these cold, black eyes",
this is 164. "You are a grotesque individual,
totally devoid of humanity." None of those
tweets I have quoted refer to gender, do they?
A. I'm sorry, that's incorrect. There's no
reason that the tweet we are looking at at 164
has anything to do with misogyny. I did not
report that to the police as misogynistic. I
think I specify very clearly in my witness
statement which tweets in my archive are the
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(Pause).
A. Which page, sorry?
Q. 1533.
A. Yes. Yes, that shows that I was correct in
my recollection that the screenshot I had put
in my police report was the one showing the
four, the sequence of four tweets.
Q. The "this is what mental illness looks
like" tweet relates to a quote tweet of
someone called Megan Nolan. Is that
correct?
A. Yes.
Q. Not you?
A. Yes.
Q. "The village idiot speaks" can be found at
1546.
A. Yes.
Q. It is a quote tweet of someone called
Danisha Carter.
A. Yes, Danisha carter is
an African-American follower of mine on
Twitter.
Q. So it is not you.
A. Correct, it's not me.
Q. This is an archive you sent ... sorry, tab
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Miller & Power v Turner
47, it is pages, I am just going to list the
pages, but 1553 to 1568, to the end, that is
an archive you sent to police. Correct?
A. It's a collection of, yes, screenshots of
dcxtv account and then some contextual
supplementary evidence about the threats that
I have been receiving.
Q. Is it the archive you sent to police?
A. Yes. It is the exhibit to my witness
statement.
Q. Mr Turner, none of the tweets that you
complained of to the police contained death
threats, did they?
A. On the contrary, as I have explained, the
sequence that we have been discussing this
morning.
Q. And when you met with the policeman
you did not complain of death threats, did
you?
A. Um, we discussed death threats, yes.
Q. Your complaint largely consisted of
concern about the individuals that had been
visiting your property. That is correct, is it
not?
A. No, my concern was that these were
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Q. Let us flick through these images,
Mr Turner. A picture of a gun, nothing to do
with -MRS JUSTICE COLLINS RICE: Can you
tell me which page you are starting,
Mr Walker?
MR WALKER: I am so sorry, 1553, this is
the archive which I think -MRS JUSTICE COLLINS RICE: Yes, I
understand.
MR WALKER: So a picture of a gun, not
Mr Miller. He has got nothing to do with
Mr Miller. Someone with a gun. This is
your property where you live in Belsize Park,
three imagines which were posted
presumably of your property by other people.
The next one, 1556, pictures of your
property, nothing to do with Mr Miller. And
on 88, this is someone with a flag. Then
someone standing outside your flat. A bigger
picture of that. Your flat again. This is
another account of the unpleasant image of
you with your face superimposed on
a Holocaust image. Then it is the lampshade
and soap images we have seen. Another far-
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threats and within the context of me being
a target of the alt-right and having had real
physical, um, attacks on my flat, visits to my
flat, by the alt-right, that I was extremely
concerned that these presented a potential
threat to my life, especially after what I had
been told, firstly, by Andrew Osborne on 3
August and then read further about
Mr Bard-Rosenberg being physically
assaulted in the street by the first claimant.
Um, according to Mr Bard-Rosenberg's
account -Q. According to someone -A. -- the first claimant had used the words,
um, to the effect of "you are the one that tells
lies" and these echoed the first claimant's
obsessive tweets about me along the same
lines.
Q. You are using a hearsay account of
someone else to diminish the evidence of the
person claiming, I suggest.
A. I am flagging a reasonable reason for my
concern and that I should be concerned for
my safety and that is why I contacted the
police.
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right image. More images, none of these
from the claimants. "He will not divide us."
It goes on. More cartoon frogs.
BasedBrooklyn, the last image, the last
image, at page, presumably it is page 1568,
that is of Mr Miller at LD50.
A. Yes, correct, and I would like to -Q. Thank you.
A. -- make, if you say that these images are
of no relevance and you talk of these
anonymous people outside of my flat
specifically -Q. So we are clear, so we are clear, none of
them are Mr Miller's accounts. You do not
attribute them to Mr Miller. What you seek
to do is you seek to draw some sort of, you
seek to extrapolate from those images some
sort of connection that is in your mind. Is
that where we are going to go?
A. No, that's not correct.
Q. Okay.
A. I think my witness statement is quite
clear in that I give an account of the abuse
and threats I have been receiving from
Mr Miller and I contextualise that within the
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threat level I perceive myself to be under,
especially in relation to previous attacks.
And there is a very important point to be
made about this masked figure outside of my
flat, the Anon88, 88 being a far-right code
for Heil Hitler, and this account was
a support ... I subsequently learned it was
clear that this was someone in the milieu of
LD50. He was a supporter, an obsessive, of
LD50 Gallery. So that directly links the
gallery to those that had been targeting me.
So these were not abstract.
Q. Do you remember the question I asked?
Do you remember me asking you about how
this linked to Mr Miller?
A. I'm just giving you an example of how
the milieu -Q. Do you remember?
A. Yes.
Q. How did we get to, why did you feel the
need, to then elaborate to LD50? You have
not referenced Mr Miller at all.
A. But Mr Miller in the last photograph is
standing outside of LD50.
Q. I see, so do I understand it correctly? By
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MR WALKER: What you were doing is you
manipulated then some facts to gain
sympathy and promote whatever narrative
you seek to develop. That is correct, is it
not?
A. No, that's not correct and I think my
experience is that on the whole there is very
little response to documenting, shining a light
on in particular anti-Semitism. So it is
certainly not something that is done for
sympathy or popularity. Quite the inverse.
Q. You attacked a number of people and
organisations and I will list them. You made
accusations about all of these people and
organisations. LD50, can we agree about
that? you accused him of being a Nazi space.
A. LD50 Gallery did not exist at the time.
By the time I posted about them, I was
posting about something which I considered
to be a historical fact, not an attack.
Q. Daniel Keller, you made accusations
against him.
A. Correct.
Q. Athens Biennale, you made accusations
about that event.
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your rationale him protesting with a placard
which says that ideas should be openly
discussed outside of an art gallery, that
associates him with the far right. Is that
correct?
A. Not solely him standing outside the
gallery. He was in attendance at the
gallery -Q. Do I understand that that is part of your
evidence?
MS EVANS: Can he answer the question?
MR WALKER: I have invited my Lady to
exercise her case management powers, but
we are not going to get anywhere.
MRS JUSTICE COLLINS RICE: Well, I am
not going to micromanage this
cross-examination. It is a matter for you how
you wish to use the time available and make
progress with this witness, but I am very
keen that we accelerate the amount of content
I am given by this witness. I understand, and
it is a matter for you -MR WALKER: Yes.
MRS JUSTICE COLLINS RICE: -- entirely
a matter for you.
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A. Um, yes.
Q. Israeli bookshop?
A. No.
Q. Red Scare.
A. Um, I made one and then maybe a couple
of follow-up posts about Red Scare's use of
the R slur, for which one of the podcasters
replied to me, calling me that R slur, which I
reported, and their account was temporarily
suspended. That is the extent of what you
are framing here as an attack. I was attacked
and reported their tweet. That is the full
extent of that.
Q. Benjamin H Bratton, you made
accusations against him.
A. I posted an open letter about his dog
whistle anti-Semitic attack on me.
Q. Walker Art Center.
A. That is the institution in which his article
was published.
Q. Mathieu Mallouf.
A. Yes, I think that one speaks for itself.
Q. Prague Microfestival.
A. Yes.
Q. Spike Art.
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A. Um, yes, I criticised them for hosting
what I described as an anti-Semitic
propaganda event. That was the extent of my
attack on Spike Art.
Q. Deanna Havas, made accusations against
her?
A. Absolutely.
Q. Heidi Matthews?
A. No, I have not posted about Heidi
Matthews, I don't think.
Q. And of course also the claimants. LD50
first, in short they had an exhibition that
exhibited Pepe the Frog memes with
a cardboard cutout of Donald Trump
amongst other things. That was what was in
the exhibition, is it not?
A. That's incorrect and the neo-reaction
conference. It is listed on Brett Stevens's
website, which boasts about it being held in
secrecy to avoid infiltration by lefties. This
is cited in my witness statement. We need
not go there. That is fine.
Q. Pausing there, your seminal work, "He
Will Not Divide Us", you describe at
paragraph 54 of your witness statement. The
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A. Yes, there was a protest at the gallery by
members of the local community and the
Shut Down LD50 Group, yes.
Q. And I hope we are all agreed, LD50 shut
down and following the furore it shuts its
doors around about 7 March 2017.
A. Yes, that sounds about right to me.
Q. And around about a year later was when
you tweet describing LD50 as an alt-right
Nazi space. Is that right?
A. Yes, it was in the context of a discussion
about contemporary art and the art world
specifically in this country. There was
a certain alt-right faction within it and so I
made a passing comment to it.
Q. And in reply, so we understand the
chronology, in reply Mr Miller then to your
tweet, Mr Miller posts a link to the article
that he has written on the topic.
A. I do not know whether that is the
immediate reply. We don't have that
particular tweet archived anywhere. I don't
know whether there were tweets before that.
But I accept that in one of the replies was
that tweet, yes.
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6 October 2023
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purpose of "He Will Not Divide Us" as being
designed to be inclusive rather than
exclusionary.
A. Yes.
Q. Do you agree?
A. Yes.
Q. And you go on in that paragraph to say:
"We wanted He Will Not Divide Us to
appeal to people across the political
spectrum, with Trump's critics and
supporters alike invited to participate and
express their hope and opposition to division.
This was made clear in our framing of the
artwork as 'a show of resistance and
insistence, opposition and optimism, guided
by the spirit of each individual participant
and the community'."
You were effectively claiming to be
an advocate of free speech. Is that correct?
A. Yes, that's one way of framing that.
Q. And can we agree on this point,
Mr Turner? There was a furore over the
exhibition that included protests at the
gallery, at LD50, over their decision to run
this exhibition.
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Q. And I suggest, I suspect you disagree
with this, but I suggest that the context of the
article or the blog post that Mr Miller had
authored was that the images should be
critically assessed and that an art gallery was
the perfect space or forum for that. Do you
agree?
A. I disagree with the premise of the article.
As I have stated before, I think it is a work of
fascist apology and I do not particularly have
much further comment.
Q. Volume 5, tab 164. (Pause). At page
4341, this is your open letter, you mentioned
open letters before and I will ask you about
them. This is your, and I am going to
categorise as your Athens Biennale
withdrawal open letter. You attack LD50 as
having been a fascist-leaning London gallery.
Yes?
A. I would not characterise it as an attack. I
think that is an historically factual statement.
And that is underplaying it.
Q. That is what you said. It is halfway down
the page:
"In recent weeks, I have been targeted on
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social media by individuals associated with
LD50, the fascist-leaning London gallery."
A. Yes.
Q. That is you attacking LD50. Yes?
A. I don't agree with the premise that
describing an alt-right, alt-Nazi space, as
a fascist-leaning gallery is an attack, no.
Q. And the basis of your research in terms of
LD50, and I am suggesting continuing
a theme on your research, was having a quick
look at their web page and asking some other
people within your group.
A. No, by this stage, this is my open letter of
4 September, so we have jumped forward
over a month. By that stage I had thoroughly
looked at the website, I had listened to a full
audio recording of the Peter Brimelow talk,
which is racist in content, including
endorsements of the Ku Klux Klan, and this
talk was taking place during Deanna Havas's
exhibition there and in fact Ms Havas
engages uncritically in the discussion with
Peter Brimelow, who is an infamous white
supremacist.
Q. Daniel Keller, bundle 5, tab 168, page
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Yes?
A. Yes, those are from his timeline so those
so those are in reverse chronological order.
Q. Please look at the exchange beneath that
which begins with you, Mr Turner, on July
28th. You say: "So, weirdly in the past 24
hours I started getting targeted by a bunch of
LD60 Gallery-supporting far-right
Accelerationists on here (charming)..." And
he responds: "On what platform, in what
way?"
A. Yes.
Q. Yes?
A. Yes.
Q. You say: "You are being targeted with
anti-Semitic homophobic misogynist and
ableist abuse and threats."
A. I mean, I say - I don't say I am being
targeted but I say "... anti-Semitic
homophobic misogynist and ableist abuse
and threats from accounts like this." I don't
think I'm capable myself of being targeted by
misogynistic abuse. No, I take that back
because later in this thread Keller himself
attacks me using misogynistic language by
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6 October 2023
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4391. This is another one of your archives
on your website.
A. Yes.
Q. And you attacked him, did you not?
A. Absolutely not, no.
Q. Your content warning at the top: "Daniel
Keller. Harassment, gaslighting, antiSemitism, Nazism, ableism, homophobia,
transphobia and misogyny."
A. Yes, that is a content warning for the,
some of it, quite abhorrent material that
appears on the archive of Mr Keller's output.
Q. Please turn to 4391.
A. Yes.
Q. The tweets are not necessarily in
chronological order, but this is from your
archive.
A. Yes, and I know this isn't in colour but
you can see the grey background and where
you see a gap, a thread continues where there
is not a gap, if that makes sense, and these
would be chronological from top to bottom
within each of those sequences.
Q. The first three tweets are in reverse order
from Daniel Keller; the date is August 17.
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calling me a bitch, so I take back the
previous statement.
Q. Yes, because, of course, you understand
what misogyny means. It means a hatred
towards women. That is correct - yes?
A. Yes, and language associated with
derogatory terms for women such as the B
word. I won't repeat it.
Q. You accept you appear to be complaining
of misogynistic abuse directed towards you
in this tweet. Yes?
A. Yes, I do accept it has that - it can have
that reading.
Q. What you do is you spew out these
accusations, and I am referring to the
evidence of Ms Power. You used the terms
fascist, misogynistic, Nazi, anti-Semitic, do
you not?
A. No, I have never referred to Ms Power as
a Nazi, a neo-Nazi. I've never referred to her
position on trans people, in fact. I've never
used the term "turf", in fact. The only time
I've ever used the term "turf" was in my
rebuttal of the second claimant's false
accusation that I was running an account
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called "Turfs Out of Art", and I had to use
the term in that context. It's not a term that I
use, so that is incorrect.
Q. Going back to 4391, Mr Keller says: "On
what platform, in what way?" Then you say
the way in which you characterise you were
receiving abuse. Then he responds: "I dunno
bout these other accounts or what they said,
but in my honest opinion Deanna is utterly
harmless. Sorry if some absolutely
impoverished and marginalised young artist
has bullied you online about your art, I
guess?" Yes? You see that?
A. Yes.
Q. There is no abuse, is there?
A. This is the beginning of Mr Keller's
gaslighting about the anti-Semitic abuse I
have received from his collaborator, Ms
Havas, and if you go two tweets down he
admits that her abuse is anti-Semitic because
he says: "This is not the kind of antiSemitism that has any effect on my life
whatsoever" but he is admitting that it is antiSemitic.
Q. Has he abused you in previous tweets?
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A. Well, it's - at this stage Mr Keller has
presumably seen the anti-Semitic tweets by
Ms Havas, otherwise he wouldn't have come
to -Q. I am asking you about your perception
and it is a simple question.
A. Yes.
Q. Is the bit where he says: "IMHO, Deanna
is utterly harmless": is that the gaslighting
that you complain of?
A. In that tweet, no, I agree it is not clear
whether he has seen the abusive tweet so I
would say no, that is not at that stage
gaslighting.
Q. We are in agreement then that there is no
abuse before that.
A. Well, it is a line of clearly -- He has
hopped on to a thread I started, or a post, a
tweet I posted on July 28th and he has taken
eight days or nine days to reply to this. I
think at the time I considered his replies to be
disingenuous and a form of sea-lioning, and
that played out and I was shown to be
correct. So I sensed where this was going,
shall we say.
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A. Yes, gaslighting is a form of abuse, yes.
Q. He is gaslighting you, is he?
A. Yes.
Q. Is that by asking you: "On what platform,
in what way?"
A. Not at that stage, no.
Q. It is him disagreeing that Deanna Havas
is harmless. That is gaslighting.
A. Yes, utterly harmless, yes.
Q. But it is the disagreement that it is the
gaslighting.
A. I think it's the gaslighting about - I then
give my experience of her anti-Semitism
directed at me. I tell him that it has an effect
on me and he gaslights that and minimises
that as harm - yeah. He admits it is antiSemitic but he says it has no effect on him.
Q. We will come to that.
A. Yes.
Q. Let us go through the tweets. "I dunno
bout these other accounts or what they said,
but in my honest opinion Deanna is utterly
harmless." Is that the gaslighting?
A. IMHO is "in my humble opinion".
Q. Yes. Is that the gaslighting?
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Q. You are incapable of not importing a
meaning about yourself when challenged by
other people. That's correct, is it not?
A. I don't understand the question.
Q. I will move on.
A. Yes.
Q. 6 August, Mr Keller said this tweet which
you initially suggested was gaslighting. You
respond six days later. August 6th, and then
your response is 12 August six days later:
"Deanna Havas's anti-Semitism is not
'utterly harmless'. Trivialising and
supporting a protracted campaign of antiSemitic hate, violence and abuse is
absolutely not 'utterly harmless'. Making
excuses for the anti-Semitism of others is
absolutely not 'utterly harmless', no." First
question: that you chose to respond at all six
days later, you had a bee in your bonnet now.
A. I would like to refer to whether Keller
had been tweeting about me in the meantime,
which is a possibility and a possibility is that
I simply didn't see the tweet until that date,
but I was tagged into it, unlike Mr Keller
who was not tagged into my tweet at the
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start, it had nothing to do with him and he
sought me out and I suggest he sought me out
for a reason, because he was Havas's friend
and collaborator and there is much -Q. Can we agree that you had given this a
good old think over six days which obviously
irked you to a point that you even bother, six
days later, getting involved.
A. No, I can't be sure whether I had seen his
reply until -Q. You cannot be sure whether it bothered
you. Okay.
A. No, his tweets did bother me, as my reply
makes clear, yes.
Q. And you say: "Making excuses for the
anti-Semitism of others is absolutely not
'utterly harmless'" and Mr Keller then
reveals that he is Jewish. "I'm fully Jewish."
And then we go over the page: "This is not
the kind of anti-Semitism that has any effect
on my life whatsoever. Good for you. But
as a person being targeted this absolutely has
an effect on my life, as it is a part of the exact
anti-Semitic campaign that has directly
resulted in physical attacks on me and my
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accusation that that is punching down is a
classic anti-Semitic trope.
Q. He says: "As a fellow 100% Jewish
person I am indeed entitled to an opinion on
what counts as malevolent anti-Semitism."
You say towards the bottom of the page:
"You're entitled to your opinion just as I'm
entitled to say how dare you", and you say:
"Shame on you." That is what you finish
with. Correct?
A. Yes, he has no reason to be engaging me
and carrying this on and sea-lioning and
gaslighting me about very real anti-Semitism
that I'd experienced from his friend, and he
has also said that he is Jewish himself, which
one would have thought he would be more
empathetic towards a fellow Jewish person
experiencing anti-Semitism, and yes, I said:
"Shame on you" and that is something that I
stand by.
Q. If we go to volume 3 tab 55, page 2771,
this is an email from you to the Athens
Biennale in which you have accused Daniel
Keller of being complicit with fascist
violence. If you go to the fourth paragraph
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property." Then he asks: "Deanna attacked
you and your property? Your sealioning me
here is not welcome here." He is asking you
about Deanna Havas and you are accusing
him of trying to goad you. Is that correct?
A. It is clearly a disingenuous response. He
knows at this stage what Ms Havas has
posted and directed at me. He is fully well
aware of that. He is a friend and I believe
they were both in Berlin at the time and
collaborator on my Keller web page shows
them doing it, a talk together, it's one of the
items, and he is on a mission here to sea-lion
me in this conversation, to gaslight me. It's
very clear that his replies are disingenuous.
Q. This carries on over - we are going into
day seven here. On this page he accuses you
of punching down and says: "Just ignore
her", which effectively you could have done
this whole business, could you not?
A. The accusation of punching down made
towards a Jewish person who has had
swastikas directed at them and then seeks to
complain in measured ways about those
swastikas being directed at him, the
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of this letter, it says: "An artist called Deanna
Havas has been partaking in this abuse,
including sustained anti-Semitic abuse of us,
sending swastikas to us, etc. One of Havas's
supporters has been someone called Daniel
Keller..." Right. Next paragraph: "Again, I
must also speak up and refuse to share a
platform with those that are complicit with
fascist violence (not to mention his direct
abusive behaviour towards me). Therefore, it
must be a condition of us appearing that
Keller will not be invited to participate in the
biennale."
A. Yes.
Q. So you were asking them to deplatform
him.
A. Well, it's slightly different because I'm
invited to this. I was doing an artwork there
and it's only reasonable that I would not
want to share a space and share a platform
with someone who had been abusive towards
me on Twitter continually, what we've just
looked at were his direct replies to me.
There are other tweets that are not just - I
don't want to give the impression that that
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thread was the only - the full extent of what
he was dong.
Q. You do not want to share a platform, so
you are asking someone for to be cancelled
because you say they are complicit with
fascist violence."
A. I'm not asking for someone to be
cancelled. I'm saying that I will not attend
this event if he is there because it is
unreasonable.
Q. Because you perceive it to be
unreasonable that anyone would hold a
contrary view to you. Correct?
A. No, he was engaged in harassment of me.
That's not a contrary view, that is a course of
conduct.
Q. Do you accept that it is a change of
direction from your, I quote, "inclusive rather
than exclusionary, as per your explanation of
your art"?
A. Inclusive does not mean including people
who are engaged in harassment and
gaslighting.
Q. So you only include the people that you
agree with.
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cherry-picking his tweets, and I wanted to
give a fuller context of the - because my
open letter did quote from some of his replies
to me and I put screenshots of the full
exchange on there and that was in the
interests of giving full context and letting
readers decide for themselves.
Q. Daniel Keller challenged you at page
4391 and the exchange went from his
question to you labelling him as being
complicit with fascist violence and also antiSemitism. That is correct, is it not?
A. Sorry, which volume is 4391?
Q. I will ask the question again.
A. Yes.
Q. The exchange and how it started - you
accepted how it started. Mr Keller
challenges you at page 4391 and the
exchange developed from there, from his
question to you labelling him as complicit
with fascist violence and also anti-Semitism.
That is correct, is it not?
A. There was a continuation of Mr Keller's
abusive behaviour which included, as I recall
- it will be in the bundles - interactions with
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A. No, harassment isn't criticism, it isn't
disagreement, it is a course of abusive
behaviour.
Q. The phrase of your seminal artwork is
inclusive rather than exclusionary, there is no
caveat to inclusive, is there?
A. In a free society there are always limits to
freedom of speech that, when one's freedom
of speech in particular steps on the freedoms
of others or is certainly abusive towards
them, then there is a limit there because that
is not specifically specified in the work's
short description there. It should go as sort
of unwritten that these are the boundaries of
a civilised society.
Q. And, as is your wont, you created a space
on your website dedicated to Daniel Keller,
and my Lady can find that at bundle 5 tab
168 page 4381, and the content warning I
have already read to you, Mr Turner.
A. Can I just say that that archive was
created partly in response to a tweet by Mr
Keller - off the top of my head - of 5
September 2018, a day after my open letter
that referred to him that accused me of
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Ms Havas, more abuse directed at me and yes.
Q. And that is not an isolated incident
because you call lots of people anti-Semites,
do you not? Do you agree?
A. I mean, I have been doing a project that
has been attacked intensely by the alt-right
and within that unfortunately are antiSemites.
Q. Let us have a look. I think it is bundle 5
tab 164. Sorry, this is the one that I have
referred to before. I am sorry if people put it
away. This is your open letter to the
participating artists and sponsors of the 2018
Athens Biennale, and this is posted on your
website. Yes?
A. It's posted on my server, not on my
website. I wanted to keep it separate from
my artworks so it's just a standalone page on
my server.
Q. Presumably the reason for posting an
open letter to the participating artists and
sponsors of the 2018 Biennale was to attract
attention to this letter and what you say in it.
A. Yes, to raise awareness of the events that
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Miller & Power v Turner
had occurred.
Q. In that letter you say you are making
public your withdrawal the event, and I
suggest it is like a public figure making a
proclamation, that, is it not?
A. Well, I was being advertised as being a
participant in the Biennale, and I thought this
was a matter of - it was on a matter of public
interest, it was of public interest, the alt-right
tendency, shall we say, and minimisation of
such in the art world, and I felt it would be
wrong for me not to speak up about that.
Q. Do you see yourself as being a public
figure, Mr Turner?
A. As an artist, yes that is by definition I
think a sort of public figure.
Q. And you collaborated with an actor who
had been in a Transformers film. Correct?
A. Yes.
Q. And that elevated your platform, did it
not?
A. When I was making my artworks but not
particularly my personal platform, no.
Q. You made a point of telling PC Kardashi
when he came round to take a statement from
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as big as you. That is what punching down
means.
A. No, and that doesn't make any sense to
me.
Q. But the context is important. You accept
context is important, do you not?
A. Absolutely, absolutely. Another piece of
context there was that when Ms Havas first
started being abusive to me and I looked her
up, because I knew the name but didn't know
much about her, I found that one of my
colleagues with which I ran the cultural
criticism website notes on metamodernism,
one of my colleagues there, co-editors, had
just been published in a book with Ms Havas
and perhaps 20 other writers, but this
proximity concerned me.
Q. Punching down is a term used when men
talk about women who have less of a
platform than them, is it not?
A. I haven't come across the particularly
gendered use of the term but I appreciate that
it could hl that connotation.
Q. So it can have that connotation. Yes?
A. No, I take that back. I don't think the
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you that you had been involved with the
actor Shia LaBeouf, did you not?
A. Yes, that was one of the reasons for the
high profile nature of dividers which then
did, yes, lead to the targeting of me, so yes, I
take your point.
Q. It is the recognition that you enjoy, is it
not?
A. No, I wouldn't say that. I'm not
motivated by recognition. I'm interested in
making art, in -Q. You would agree that you were an artist
with a higher public profile than that of
Deanna Havas.
A. I'm not sure I would agree with that. She
had exhibited at some very high profile
institutions that I have not. I think she had
gallery representation, which I've never had.
Q. Is she involved with a Hollywood actor
doing provocative Trump art?
A. No, and I haven't, yeah, no.
Q. So you were punching down on her, were
you not?
A. Absolutely not.
Q. Because you knew that she was not really
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term punching down is gendered. It's
normally aimed at either class or, as you say,
success.
Q. But your perception of Daniel Keller is
because he used "punching down", you said
in your evidence, that is a classic antiSemitic trope, i.e. he is an anti-Semite.
A. If you read my open letter, it doesn't - it
accuses him of minimising fascism and antiSemitism. I didn't go so far as to call him an
anti-Semite but it is a classic anti-Semitic
trope, yes.
Q. That is what you meant in your evidence
moment ago when you said he was
employing a classic anti-Semitic trope.
A. Yes.
Q. That is what you said, is it not?
A. Yes, and I'm just -Q. And that is what you meant. That was
the import of what you meant -A. Yes, just now.
Q. - because you were saying he is antiSemitic.
A. Yes, I was talking about this letter at that
time. I didn't go so far and I was always, I
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Miller & Power v Turner
think the evidence shows, always went out of
my way to give people space to see what was
going on and see whether they reflected on it
and empathised with my position, rather than
doubling down and eventually hurling
abusive terms at me which are quoted in this
open letter, but yes, it is anti-Semitic.
Q. Page 4342. Disregard the bottom
sentence. I am not trying to dissuade anyone
from reading your works but in the third
paragraph up what you do is you publicly
allege within this open letter that the Athens
Biennale is minimising and enabling antiSemitic abused and fascism, do you not? I
will read you what you say.
A. Yes.
Q. " Following Keller's messages, and on
learning of his involvement with the
Biennale, | contacted the organisers to inform
them that I could not share a platform with
someone engaged in this kind of abusive
conduct towards me, and their minimising
and enabling of anti-Semitic abuse and
fascism." Yes?
A. Yes, correct, I stand by every word of
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problem in the art world and in attitudes
towards anti-Semitism.
Q. The quick answer, I suggest, is you
withdrew because they refused to deplatform
Daniel Keller. That is the reason why you
withdrew, was it not?
A. Well, I -Q. Because you refused to share what you
considered a space with Daniel Keller. That
is why you withdrew, is it not?
A. Yes, it's very much to me -Q. Thank you.
A. - to choose not to share a platform with
someone who was being abusive towards me.
Q. Just pausing there, open letters are
something that you do, are they not, Mr
Turner.
A. I've written two open letters.
Q. That is what you say. But they are
something that you do, are they not?
A. I've written two open letters, and also
there was what is described of as a note about
Benjamin Bratt and that preceded my open
letter about Benjamin Bratt.
Q. On 2 October 2018 - and I think we have
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6 October 2023
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that.
Q. And you withdraw from the Athens
Biennale because - why?
A. You've just -Q. Why did you withdraw from the Athens
Biennale?
A. Because I raised my serious concerns
about this individual and I was met by further
gaslighting. There's stuff contained in my
emails to them but there were also - I believe
it would have been Skype calls at that time,
and at one point in those Skype calls me and
Shia were told again that this abuse, this antiSemitism, had no effect, should have no
effect on us, particularly directed at Shia. It
was said that he could just, you know, you're
over there relaxing on a beach somewhere
drinking beer, which was a particularly
insensitive comment towards someone with a
long personal history that was quite public of
alcoholism, but as a response to flagging
serious abusive posts and behaviour of one of
their participants to then turn that around and
attack us was not just extremely personally
upsetting but it to me reflected a serious
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time for the reference; I am trying to squeeze
in as much as we can - bundle 6 tab 176,
4448. On 2 October 2019 - this is after your
official statement about your withdrawal you write to Emma Dexter who is the
director of visual arts at the British Council,
did you not?
A. Yes.
Q. And you cc-ed in Ciaran Devane who is
the chief executive of the British Council, did
you not?
A. Yes.
Q. And you wrote about how the Athens
Biennale as an art festival had made an
abhorrent and libellous public statement
against you. It is the sentence that we can
see there. If we go over to page 4449, at the
top you demanded that they confirm by the
end of the day, 2 October, that they confirm
their position on this statement, and then you
go on to proclaim on the same page: "If I do
not hear from you by the end of the day, I
shall be left with no choice but to consider
that the
British Council condones this statement. I
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Miller & Power v Turner
should not need to emphasise the gravity of
the situation here, if indeed the British
Council refuses to take a stand against the
public harassment of the victim of
antisemitic abuse in this way by an
organisation it is in partnership with, and that
on the contrary, the British Council is thus
endorsing it." Going back to the absolute
beginning of this, this is Daniel Keller
saying: "On what platform, by whom?"
A. No, that's incorrect. At this stage, and
this is the end of an email chain that had been
going on for some weeks, the British Council
were to be funding my participation in the
Athens Biennale as a British artist - that's
how their funding worked - and this was a
response to an absolutely abhorrent statement
that the Athens Biennale put out in response
to my open letter, which described me as
employing the epitome of online hate speech,
which was accusing me, as I understand it, of
a crime of committing hate speech,
something I have never engaged in. I
thought that was absolutely shocking.
Q. This is you behaving like Veruca Salt out
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MRS JUSTICE COLLINS RICE: Forgive
me. Well, yes.
MS EVANS: Must my junior and one
solicitor.
MRS JUSTICE COLLINS RICE: So I
understand. (To the witness) So you are
permitted to have a conversation with your there is an exception to the ban on discussing
your evidence. You are still not permitted to
discuss your evidence but you are permitted
to give instructions to your lawyers on this
issue.
MS EVANS: Thank you, my Lady.
(13.00)
(The short adjournment)
(14.04)
MR WALKER: Mr Turner, I read to you
before lunch a list of the people that I suggest
that you attacked. I do not intend to go
through every single one of them, to save
time, but I will go though some more. Public
statements by you and then you demand the
British Council for a statement. You had
12,000 odd Twitter followers, did you not, at
the time?
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6 October 2023
Page 103
of Willy Wonka, is it not?
A. No.
MR WALKER: Is that a convenient
moment?
MRS JUSTICE COLLINS RICE: Two
o'clock. (To the witness) I should just
remind you -A. Yes.
MS EVANS: My Lady, before you exit, on
the question of the tweets that were handed
up, I think we need to take instructions - my
solicitors do - for literally three minutes, to
just get instructions on what Mr Turner wants
to tell us about them, because we do not have
any instructions, so that if I need to reexamine I can. These are not tweets which
have been in circulation.
MRS JUSTICE COLLINS RICE: Do I
understand you need to have these three
minutes now before I rise?
MS EVANS: No, no, during the luncheon
adjournment, that is all I mean.
MRS JUSTICE COLLINS RICE: Yes.
MS EVANS: So that he can be released
from his purdah to speak to my solicitors.
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A. Yes.
Q. About 12,000. So, let us summarise.
Keller, through your exchange, is guilty of
antisemitism. The Athens Biennale enabled
his antisemitism and the British Council, who
declined your invitation to set out any
position, are thus, also, endorsing
antisemitism. Is that right?
A. I'm not sure if I used the term,
"endorsing", but they were - through their
inaction - I may have used that term but -Q. If we go to page 4449.
A. In which bundle, are we in?
Q. It is the bundle we had open just before
lunch - bundle 6. I will just read it to you.
A. Yeah.
Q. "If indeed the British Council refuses to
take a stand against the public harassment of
the victim of antisemitic abuse in this way by
an organisation it is in partnership with, and
that on the contrary, the British Council is
thus endorsing it". So, them declining your
invitation to set out any position in your
mind and having just read the email that you
sent to the Chief Executive of The British
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Miller & Power v Turner
Council and the Director of Visual Arts at
The British Council, you took the view that
they were endorsing antisemitism. Am I
correct?
A. Well, yes, they have their name and logo
attached to the Athens Biennale, which put
out a statement describing me in the terms
that I was the epitome of online hate speech.
And so that is, in a sense and having
highlighted that to them, I felt that failure to
address that, when they would have been
funded me going there, is a form of
endorsement of that if their name and logo is
attached to it.
Q. You see yourself as the victim in this, do
you not, Mr Turner?
A. Yes.
Q. You are the victim, in your eyes, of
antisemitism, if people or organisations
challenge you or do not agree with a demand
that you make. Is that correct?
A. Could you be a bit more specific. I didn't
-Q. Well, when people do no do what you
want them to do, or they do not accord with
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philosopher and a writer, correct?
A. Yes.
Q. And he is another person you have
attacked as having been antisemitic.
A. I have responded to his antisemitic attack
on me.
Q. If we could turn to volume 6, tab 189,
page 4495 - do you have it?
A. Yes, yes.
Q. Mr Bratton wrote an article entitled,
"2018: The Year According to Benjamin
H. Bratton", and we can see that there. And I
am going to attempt to summarise, but that
article was published by The Walker Arts
Centre, was it not?
A. Yes.
Q. And at pages 4498 and 4499, Mr Bratton
writes of a British artist named Mark Booker,
who he describes as being - this is page
4498, underneath the grey box - "the most
twee, unlikable, self-congratulatory,
politically-adolescent Art Brat imaginable".
And this section of this review - really, it is a
satirical take on you, is it not?
A. I wouldn't describe it as a review. It is a
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6 October 2023
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your world view, then you are the victim of
antisemitism: Daniel Keller, Athens
Biennale, British Council.
A. Well, specifically, Daniel Keller engaged
me with explicitly antisemitic abuse, calling
me a "basilisk", which is an understatement
to say that that is an age-old antisemitic
trope. I believe it goes back to the tenth
century, describing Jews as, "basilisks".
That is explicitly antisemitic. And the
organisations that you have cited, the Athens
Biennale, attacked me directly, describing me
in the terms we have discussed. And then
yes, having flagged that to the British
Council, they were then, in a way, complicit
in that through their inaction, which I found
to be appalling considering that I was one of,
I believe, only two or three artists who they
were funding to go there or part of their
funding arrangement with the Athens
Biennale was that they invite British artists
and that's how their funding arrangement
worked. And their inaction on that, I did and
still to this day, find quite shocking.
Q. Benjamin H. Bratton. He is a
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piece of satire that then verges into
antisemitic tropes.
Q. Do you accept that it is satire?
A. Yes, I accept it is satire. It is a piece of
antisemitic satire.
Q. If we go over the page, it goes over. The
top paragraph, I think it is the second line,
"Booker and his accomplices utilized art
world media channels and social media
platforms to coordinate the release of several
interconnected works", and I am just going
down: "Some of the work was accepted into
the Cyprus Triennial". "Unbeknownst to
Booker, his gallery arranged to have some of
the work 'stolen' to generate secondary
publicity". So, it references the Cyprus
Triennial. You would agree that that is a
reference to the Athens Biennale, correct?
A. Yes.
Q. And you wrote to the Walker Arts Centre
after seeing this, on a number of occasions,
did you not?
A. Yes.
Q. If we go to volume 2, and if we keep
volume 6 there because we will need that
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Miller & Power v Turner
shortly - if we go to volume 2, tab 42, page
1326 - do you have it?
A. Yes.
Q. 15 March 2019. The Twitter handle
TruthLamp says, and the time of this is 12.43
am, "How long until Luke Tuner somehow
makes the mosque shooting about himself",
because of course, on that day, tragically,
that was the day of the Christchurch Mosque
attack, where a right-wing terrorist brutally
murdered those worshiping within it, yes, on
15 March.
A. Yes.
Q. If we go to volume 6, tab 226 - page
4735, my Lady.
MRS JUSTICE COLLINS RICE: Yes.
MR WALKER: Your email is to Mary
Ceruti of the Walker Art Gallery, is it not?
A. Yes.
Q. You begin the email, which is on 15
March. I don't think it is prophetic, well,
perhaps it was prophetic of TruthLamp,
because that was first thing in the morning
that they tweeted that. St 8.07 in the morning
on 15 March 2019, you write this, "I hope
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is not a forum, it is an anonymous message
board, is it not?
A. Could you differentiate the two, because I
think they are interchangeable.
Q. Come on, Mr Turner, this is an
anonymous messaging board, which has
various chats within it. It is not a forum that
targets people, is it not?
A. That's not correct. So, the front page of
8chan as it was, was it contained a number of
subforums, which would be the most popular
one was, poll mimicking 4chan Poll. 8chan
was created as a more lawless 4chan after
something called GamerGate. It was
completely lawless and some of the most
horrific things were posted on it. It had a
subforum, Poll. It also had a subforum of
child pornography and it had a subforum that
was created at the start of the attacks on
Windu, which was simply called,
8chan/windu, which as of, I believe August
2017 has over 104,000 posts. And these
posts would be made in threads which
contained - the threads sort of finish after
around 400 posts and then they would start
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6 October 2023
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you will forgive me for writing once again. I
am writing from the heart. I am sure you are
aware of the horrific murders at the
Christchurch mosque this morning. The
shooter appears to have used 8chan to launch
his racist attack", and then you go on to say
that you had been relentlessly targeted by
8chan. It says, "The very forum that has
been relentlessly targeting me", that is what
you say, is it not?
A. Yes, there were, I believe, over 104,000
posts on 8chan on the subforum Windu that
was dedicated to targeting me, my colleagues
and my work, which included the posting of
photos around my property, including the
inside of the communal areas of my property.
Extensive, would be an understatement, over
104,000 posts.
MR WALKER: My Lady, could I just take
one brief instruction.
MRS JUSTICE COLLINS RICE: Mmhmm.
MR WALKER: I will just turn my back for
a second. Thank you very much, my Lady.
(To the witness) 8chan, so first of all, 8chan
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another thread. I have many of these
archives. It was obviously not proportionate
to put many of those in, but the number
speaks for itself.
Q. Are you saying that 8chan was
exclusively devoted to you.
A. No -Q. Thank you.
A. -- I am saying the subforum, Windu was
exclusively devoted to attacking me, my
work and my colleagues.
Q. But what you do - "The shooter appears
to have used 8chan to launch his racist attack,
the very forum", and my suggestion to you
is, 8chan is not a forum; it is a means of
communication, be it abhorrent abuse and
right-wing communication. What you do,
Mr Turner, by refencing and linking 8chan to
your abuse, you are linking your abuse to the
Christchurch murders, are you not, on the
morning?
A. Firstly, there are two questions or
statements there. Your statement that 8chan
was not a forum, is wrong. It is not a
messaging platform, it was a forum, with a
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Miller & Power v Turner
series of subforums on it.
Q. Then you say to them - you then ask
them, after referencing the killers' live
stream of the mass murder of Muslims in a
mosque in Christchurch - you ask them to
take Benjamin Bratton's year in review
down, do you not? Let me read it, "Material
such as the repugnant, dogwhistle piece you
are currently hosting directly serve to whip
up far-right feeling towards me and others.
This has been palpable ever since the
Walker's publication of that piece. For the
love of god (and please excuse my French at
this juncture) please take that fucking
dogwhistle piece down. I do not feel safe".
A. Yes, as a result of Mr Bratton's piece, I
received considerable fallout or increased
targeting from the far-right and those
specifically who had been targeting me from
the alt-right as a result of Windu and that
included the subforum, 8chan. And having
this piece I was and still am, extremely
affected by the events of Christchurch. I saw
the manifesto posted on 8chan, because I had
to track 8chan. I watched the beginning of
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exploiting this tragedy by referencing it in
your email to get something else taken down.
Do you agree?
A. No.
Q. Yesterday you did the same thing. What
you did - and this is roundabout page 193 of
the transcript yesterday from line 15, "Pepe
the Frog" and a flag that says, "Praise Keck.
This is based on the Nazi flag", etc. This one
went on intensely during the time which
came just after Charlottesville United the
Right Rally, Charlottesville, which the slogan
which the torch-bearing Nazis marched to
was 'You will not replace us". That was in
relation to a question that I asked you that
had nothing to do with Charlottesville. That
is what you do. You exploit these things to
use their power to cement your position, do
you not?
A. No, the reason why I was being targeted
in that time, in August 2018 - 2017, I am
sorry - was partly because the flyer for the
Unite the Right rally circulated by the Far
Right, including members of Identity Europa
who had targeted as Windu[?], featured the
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6 October 2023
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the video. I did not watch the video once he
had entered the mosque, but the beginning of
it and he was playing music associated with
the alt-right that also had been targeted at us
at, "He Will Not Divide Us" and it chilled
me to the core that he described his action on
8chan as being as - it's quoted. It's actually
in my email, "The shooter speaks of moving
from, "shit posting" to making a "real life
effort post" in carrying out his "attack against
the invaders". It's this movement from "shit
posting" to mass murder, and that chilled me
to the core. And yes, made me feel unsafe.
Q. What you did is you exploited this
tragedy to support your request for this
satirical piece to be taken off, did you not?
That's what you were doing.
A. I had already been discussing that piece
and the antisemitism of that piece, which you
skirted over.
Q. If you disagree, please say. If you
disagree, disagree. If you agree - my job is
to put my client's case to you.
A. Yes.
Q. And I am saying you were deliberately
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slogan, "You will not replace us", which they
had coined in front of our work. This was
known to be a response to my work as part of
the (inaudible) Turner, and this increased as
it was another increase in activity in targeting
me. that is the correlation there.
Q. And you had previously asked the Walker
Arts Centre to take the article down. That is
correct, is it not?
A. Yes, correct.
Q. And they had refused to.
A. Yes.
Q. And you had begun tweeting the Walker
Arts Centre in December 2018 asking them
to take the article down. Does that sound
about right?
A. Yes.
Q. And your final email was the one on 15
March 2019. On 24 January 2019, you
published an article which was similar to
your previous open letter setting your views
out on Benjamin H. Bratton. That is volume
6, tab 194. This is an article you wrote, yes?
A. Yes.
Q. "The Walker Arts Centre is platforming
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Miller & Power v Turner
antisemitism. Content warning: antisemitism,
Naziism, gaslighting, harassment." You say
this is a note about Benjamin H. Bratton's you also posted a note on 27 December 2018
and that is volume - I am so sorry. Whilst I
am here - "On 21 December 2018, the
Walker Arts Centre published an
unambiguously antisemitic attack on me
written by the University of California."
Then in the next paragraph, second sentence:
"The Walker has refused to take any action
to remove this antisemitic text from their site
or attempt to make amends for the obvious
harm it inflicts. As such, the Walker is
demonstrating their participation in the
systemic white supremacy of art
institutions." The Walker Art Gallery is a
white supremacy art institution. Is that
correct?
A. No, that's not what that says. It is a
reference to the nature of institutions being
systemically not progressive, shall we say,
that needed reform because what they were
doing is essentially participating in that
systemic white supremacy.
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to the attacks on my artwork by white
supremacists, Bratton writes that: "his gallery
arranged to have some of the work 'stolen' to
generate secondary publicity. This is
especially sinister since the attacks on my
work by neo-Nazis have been overtly
motivated by antisemitism. Bratton's words
therefore feed into a long unpleasant history
of antisemitic hate crimes being declared,
'false flag' operations by those wishing to
discredit the very notion that antisemitism
exists." Then you describe in the first line as
having been "unambiguously antisemitic
attack on you", Benjamin H. Bratton's
article. Yes?
A. Yes, yes.
Q. So, Bratton is an antisemite, yes?
A. That article is antisemitic, yes.
Q. You then go on to say in the following
paragraph that, "The Walker Art Center, by
refusing to remove the text, is demonstrating
their participation in the systemic white
supremacy of arts institutions" and we read
that in the passage I took you to before.
A. Yes, that's a broader point, yes.
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6 October 2023
Page 119
Q. Volume 2, tab 41, page 1093. And you
will be pleased to know, Mr Turner, we are
proceeding at pace - with luck. You never
know.
MRS JUSTICE COLLINS RICE: I had
noticed and I am grateful, thank you.
THE WITNESS: Sorry, which tab?
MR WALKER: So, it is volume 2, tab 41,
page 1093.
A. Yes.
Q. So, this is entitled, "Note about Benjamin
H. Bratton's @WalkerArtCenter text and
antisemitism." Let us just read this. "Last
week, Benjamin H Bratton used the Walker
Art Center's website to publish a blatant and
petty attack on me and my practices, as part
of a wider harassment campaign rooted in
antisemitism for which I have been a target.
Using thinly-disguised pseudonyms he
engages in grotesque distortions about me,
my practice and my colleagues resorting to
what is effectively name-calling of the most
juvenile sort. One particularly egregious
aspect of Bratton's text is, I feel, important to
raise awareness of here. In obvious reference
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Q. So, the Walker Art Gallery and art
institutions generally are participating in
white supremacy?
A. They are complicit in systemic white
supremacy. There's a difference.
Q. I will just read that again, so we are sure.
This is verbatim: "demonstrating their
participation in the systemic white
supremacy of arts institutions".
A. "Systemic" being the key word there.
Q. Of arts institutions. So you do not limit it
to the Walker Art Gallery, do you?
A. No, there is, and as we have seen, a wider
problem of systemic whiteness in arts
institutions. I don't think that is
controversial statement to make. There has
been progress made in recent years but it is
still a problem.
Q. This is what you do, is it not, Mr Turner?
You accuse people of being antisemites or
fascists or white supremacists when you do
not get your way. That is what you do, is it
not?
A. No.
Q. Bundle 3, tab 51, page 1779. We are on
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Miller & Power v Turner
to Deanna Havas.
A. I am sorry, what was the reference again?
Q. It is bundle 3, tab 51, page 1779.
A. Yes.
Q. Mr Miller retweets you on 30 July, the
first that comes up there.
A. Yes.
Q. All right. I will ask you to just have a
look at "pathological liar", and you also said
"spineless", "spineless coward".
A. Yes.
Q. Okay? But Deanna Havas then goes on
to ask, "Lol, whatever happened to ...
[HNDU].
A. Yes.
Q. You respond, then another account,
BasedBrooklyn, posts a Pepe meme of the
He Will Not Divide Us flag being stolen.
Okay? And that is an image that we have
seen in a more blown-up image.
A. Yes.
Q. Just look at that. Ten people like that.
Yes?
A. Yes, yes.
Q. Page 1779.
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engagement with this image and she did not.
Q. You asked Deanne Havas why she likes
the tweet and she says because it is funny.
We can see that there, yes?
A. Yes.
Q. If we carry on down the exchange, six
tweets down you accuse Deanna Havas of
being complicit in antisemitic violence for
liking a tweet posted by someone else. You
say, "I'm afraid your stance makes you
complicit in antisemitic violence no matter
whether you're Jewish or not - perhaps you
cannot relate but that is your privilege."
A. Yes, it's a form of complicity.
Q. So she says, "I've liked it because it's
funny." Therefore, she's an antisemite.
Yes?
A. That was an antisemitic act. I would just
like to Q. Your engagements with Deanna Havas
begin with that, do they not?
A. My engagement - for the totality of my
engagement, my replies to her is, I think, less
than a dozen, between half a dozen and a
dozen replies and it's very limited. Yes, you
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6 October 2023
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A. Yes. Go ahead, yes.
Q. Would you look at the image? Are you
looking at the image?
A. Yes.
Q. Right. Ten people like this post that
BasedBrooklyn posts.
A. Well, he replies it to me and I am typed
in. That is a reply to me, direct to me.
Q. Absolutely. One of the 10 you engage
with is Deanna Havas, a woman.
A. Yes.
Q. The first question to you is why not just
leave it? Why just not get involved?
A. Because the other accounts were I think
probably exclusively anonymous, alt-right
accounts and she was a name that I
recognised as someone in my industry. It
was completely bizarre to see someone who
had a reputation in the art world to be seen
engaging with these extremists neoreactionary accounts and that, I found,
alarming and you can see my initial
responses to her are giving her the benefit of
the doubt, explaining to her what that image
meant, inviting her to perhaps rethink her
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can see that for yourself, my invitation for
her to rethink the endorsement of a far-right
alt-right antisemitic image.
Q. Turning over the page to 1781, another
account called @No More Inertia gets
involved, okay? So you can see it has a,
"The sky is falling" meme. Yes?
A. That's BasedBrooklyn posting the sky is
falling meme. No More Inertia Q. No More Inertia. I am so sorry. You are
absolutely right.
A. No More Inertia - sorry.
Q. At the bottom of the page it is
Oscillating. Oscillating gets involved after
Deanna Havas whose handle is baby d.
"Chill out bro. It was just a meme". Okay?
A. Yes, and I should say the Oscillating No
More Inertia account is the aforementioned
Katie Anderson, the assistant professor at
Rutgers University and friend of mine.
Q. And then this Oscillating account, and
then I just want you to look at the bottom.
The Oscillating meme says, "Just someone
who was harassed and threatened because I
took part in an art project that was resisting
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Miller & Power v Turner
division but apparently you're totally ok with
that disruption of art and audiences." Two
things. One, this person - the person who is
in control of that account is talking in the
first person about the art, He Will Not Divide
Us.
A. Yes, this is Katielc@Elson Anderson
who attended He Will Not Divide Us in New
York in January 2017.
Q. And the syntax is a project that was
resisting division. Yes?
A. Yes.
Q. I will just read your witness statement at
paragraph 54 so that is tab 31, paragraph 54.
The second sentence says this: "The project
was conceived as a response and resistance to
the normalisation of division" and what this
person, Oscillating, says, "project that was
resisting division". Yes?
A. Yes, that was the words that were used on
the actual webpage for the work. The title of
the work was also the URL of the work. It
was hewillnotdivide.us and it had that
description.
Q. What is a sock puppet account, Mr
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her. I never - after that tweet. She was
being provocative towards me. I said that
and then I never responded to her again and
have not done so.
Q. It's harassment when someone does it to
you but it's not harassment when you do it to
someone else? Does that about cover it?
A. No, there is nothing in my language that
is abusive, and also I didn't respond to her
after that. I would also - I think it would be
helpful to - while we are in the same bundle,
I'd just very much like to show you four or
five pages that are very close together in
relation to Ms Havas.
MRS JUSTICE COLLINS RICE: Well, I
think we will concentrate for the moment on
the line of questioning, if you do not mind.
A. Okay.
MR WALKER: You went on to build a
webpage on your website devoted to Deanna
Havas, did you not?
A. Yes, after her abuse escalated and she
directed swastikas at me thinking that Ms
Anderson's account was mine.
Q. And that can be found at bundle 5, tab
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6 October 2023
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Turner?
A. A sock puppet account is an account
operated by or on behalf of someone to
disguise who they are to usually do their
deeds - we know what a sock puppet is.
Q. Is that your sock puppet?
A. No, I have told you it is Katielc@Elson
Anderson.
Q. Changing the topic very briefly, because
as we are here and we still have volume 3,
1784. Your tweet in relation to Deanna
Havas, and it is the middle of that series of
tweets.
A. Yes.
Q. You say at 1784, "I am replying to you.
There's no sense that this is harassment.
This is an open platform and your continued
refusal to acknowledge the damaging reality
of the antisemitic attacks against us is
troubling". So, we are clear, and I am
referring back to your own tweet, replying to
people on Twitter repeatedly is not, you say
here, harassment. Correct?
A. No, this is the one, two, three, four, five,
six, seventh, eighth, I think the ninth reply to
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141 page 3911 and that was the next day, and
that is agreed in the chronology, Mr Turner.
A. Yes.
Q. The next topic, open letters.
A. I really - I do strongly feel that while we
are on Havas I would like to draw something
to your attention.
MRS JUSTICE COLLINS RICE: What is
the point?
A. Just to illustrate the nature of Ms Havas
in an unambiguous way MRS JUSTICE COLLINS RICE: Can you
be very brief about it A. Yes.
MRS JUSTICE COLLINS RICE: -- because
I do not want to stop you giving your best
evidence but we still have quite a lot of
ground to cover.
A. This will take no more than one minute.
MRS JUSTICE COLLINS RICE: Please go.
A. Please turn to tab 52, page 2553. This is
a significant date that you will recognise of 6
January 2021, which is the day of the US
Capitol Insurrection and this is Deanna
Havas tweeting: "Election fraud should be
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Miller & Power v Turner
punishable by death... ur gonna see fair and
transparent elections right quick". Then if
we turn two pages forward on, later on, on 6
January on page 2556, "HELL YES
#MAGA". This was during the time while
the violence was happening during the
insurrection. On the next page, quote
tweeting a tweet, "This is an insurrection",
she comments, "Based" and then there's only
a couple more of these. At 2559 her
response to it calling the Leader of the
House, "Scum". On 2560 she tweets the
following day: "Storming the Capitol was
cooler than any lame Antifa/BLM", that is
Black Lives Matter, "rich kid riot with
guaranteed bail funds and brain-rotting
critical theory relativist justification that's
just to cover for misery and nihilism" and on
the next page in response to a tweet about
Biden's victory she posts, "firing squads
now". Finally, or two more - okay. Two
more, I am sorry.
MRS JUSTICE COLLINS RICE: Two
more.
A. Two more. At 2562 she identifies with
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Q. And do you remember it was argued on
your behalf that Deanna Havas should not be
allowed to give evidence at this trial?
A. Yes.
Q. That was at your instruction, was it not?
MRS JUSTICE COLLINS RICE: Well, this
is a decision I took.
MR WALKER: No, I understand that, but
on instructions MRS JUSTICE COLLINS RICE: If the
suggestion is that she has been "no
platformed", well, you have my reasons for
that.
MR WALKER: My Lady, the exercise that
the court has just witnessed are, in my
submission, the defendant's attempts
knowing that the person cannot reply to the
context of her tweets and I am seeking to link
that he had deliberately instructed that she
not be available to be able to effectively
defend herself.
MRS JUSTICE COLLINS RICE: I made my
decision.
MR WALKER: Open letters, Mr Turner,
and help us with that. We have already
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this group. She says, "People who believe in
nothing calling maga a con lol... we are the
only authentic thing that's happened in ages
and the past week did nothing less than
remove any lingering doubt in the national
consciousness that this is our moment. Cry
moar nihilists" and the final one I would like
to show you is on 22 January 2021, two days
after Biden's inauguration, quote tweeting a
New York Times article about why Biden
decided to run for President after the events
of Charlottesville in 2017 and to this she
comments what I think is potentially one of
the most awful and inhumane comments that
I have ever read saying about the murder of
peaceful antifascist protestor Heather Heying
by a neo-Nazi. She says, "Some fat girl threw
herself in front of a car four years ago and
that's why we need to set up a secret police
?".
MRS JUSTICE COLLINS RICE: Thank
you. Mr Walker?
MR WALKER: Do you remember the last
time you were here before the trial?
A. Yes.
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touched on it. You have a propensity to draft
and post open letters, do you not?
A. I have posted two open letters and an
aforementioned note about Bratton.
Q. One example, the one that we have
covered which concerned your withdrawal
from the Athens Biennale, yes?
A. Yes.
Q. And you about another open letter that
was written about Ms Power, do you not?
A. Yes.
Q. If we go to volume 4, page 64, page
2893, this is entitled, "Open Letter
Concerning Nina Power" that was posted
online and appears currently on a site called
write.as[?]. We can see the date at the top of
the letter as 28 February 2019.
A. I don't think that's correct. It says at the
bottom 17 May. That can't be right.
Q. The top of the letter 28 February 2019.
A. No, I think that refers to - because that
was the date of the first and second
claimants' appearance on Justin Murphy's
podcast and then the letter begins, "On
February 28 2019" and then discusses events
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of that date.
Q. Thank you.
A. So, I think the date at the top of that
refers to an image.
Q. This is A. It says, "Img alt", so it is like it is giving
a date for the image.
MRS JUSTICE COLLINS RICE: 17 May
2019?
A. I believe the date - I don't think that is
correct either.
MR WALKER: I am not sure a huge amount
turns on this at all.
A. I believe the date is 10 March - I believe.
Q. This is a letter that attacks Nina Power.
Can we agree about that?
A. It details her, as I think it puts it, her
fascist turn.
Q. It is addressed to, "All those who oppose
fascism?"
A. Yes.
Q. And conveniently, you will accept that
you know who is responsible.
A. No, I don't know who is responsible, but
I think and I sense and everything points to it
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writing that letter.
Q. It refers to the content of a YouTube
video as being disturbing. That is the
paragraph at the bottom we can see. It says,
"Content of video disturbing". Do you
agree?
A. Apologies. I have put that tab away.
Could you quickly give me the reference
again?
Q. It is volume 4, tab 64, page 2893.
A. Yes.
Q. It refers to in the first paragraph, one,
two, three, four, five - it refers to Mr Miller
attempting to give a talk on Julius Evola,
yes?
A. Yes.
Q. Then the paragraph at the bottom in that
sentence, it refers to a YouTube video as
being - the content of a YouTube video as
being disturbing. It refers to Ms Power
making bigoted, anti-trans statements, yes?
This is 2895, the other side, the sentence, the
second dash in, Ms "Power was, 'over
uncontroversial facts of reality', presumably
a reference to the bigoted anti-trans
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being written by London antifascists, is I
believe how I would describe it.
Q. You told Ivor Stodolski that it was people
from the London antifascists scheme - scene.
A. I think that's what I believed to be true.
Q. Bundle 6, tab 221, page 4678. I am going
to go back to the letter, so let us not put that
down, please.
A. Too late.
Q. 4678. Open Letter Concerning Nina
Power. Top right. That is what this chat is
for on Twitter.
A. Yes.
Q. Ivor, and that is Ivor Stodolski, yes?
A. Yes.
Q. "yes that. Who wrote it". You do not
answer the question. "I know but who wrote
it?" and then you say, "People from the
antifascist scheme - scene", yes?
A. Yes, that's my best sort of guess as to
who wrote it. I don't know the individuals
and it's speculation but everything Q. You either wrote that letter or had more
than a hand in writing it, did you not?
A. No, I had absolutely nothing to do with
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statements she publicly made on more than
one occasion. So, yes, it refers to that, yes?
A. Sorry, are we on 2895?
Q. 2895, at which there is a second dash, the
first paragraph at the top.
A. Yes, I've got it, yes.
Q. The second one begins, "Power", the
third one begins, "Murphy's introductory".
Go down and it says, "bigoted anti-trans
statements she publicly made", refers to Ms
Power, yes?
A. Yes.
Q. It refers to Ms Power as having alt-right
views. In the previous page, I think - yes, in
the previous page it begins, in the first
paragraph - I'll just read it 'In particular, we
find a Third Positionist tenor - the dominant
iteration and most 'creeping' form of
contemporary fascism. Third Positionist
cryptofascism uses existing subcultural
beliefs and lifestyles to promote panEuropeanism, ultra-nationalism, and neocolonialism, while cloaking its most
unacceptable tenets. Yet, more worryingly,
much of the esoterica discussed in the
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Miller & Power v Turner
livestream also serves as the metapolitical
backdrop and spiritual inspiration for some
of the most violent far-right tendencies we've
recently seen in Europe'. If we go over, to
page 2898, end of the dashed paragraph, it
suggests - it says, last sentence of the top
paragraph, 'that are in line with alt-right
views, and those it opposes.' It also, then...
refers to - refers to 'Hope not Hate', yes?
That same page, 2898, the first sentence 'UK
Hope not Hate state, this type of nervous and
edgy LARP-ing, "has the potential to inspire
[...] extreme acts of violence".'
A. Yes.
Q. So it - it is quoting Hope not Hate as a
source?
A. Yes.
Q. Then, in that same paragraph, it goes
down, the next - the, two sentences along,
'From her comments about her new book on
the subject of masculinity, we recognise an
attempt to create an academic Trojan horse in
the field of popular theory, one that will
advance the open discussion of a chauvinist
and supremacist argumentation'. You had
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you have it?
A. Yes.
Q. 6th of October. About an update, you say
in 'a grotesque statement' from the Athens
Biennale.
A. Yes, this is the statement describing me as
'the epitome of online hate speech'.
Q. The open letter, Mr Turner, about Miss
Power, contains a quote from Hope not Hate,
providing support for the allegations of being
a bigot against - of being a bigot, concerning
Miss Power, doesn't it? Have you seen that?
[inaudible]
A. Sorry? Could I get [?] a quote.
Q. Hope not Hate.
A. Yes.
Q. The open letter, the one which you deny
having a hand in writing.
A. Yes.
Q. Provides - includes, a quote supporting,
effectively, that Miss Power is a bigot.
A. I - don't, to my knowledge, Hope not
Hate has not - never commented or posted
anything about the second claimant. So I
don't think that's what the quote...
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6 October 2023
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quite a bit of contact with Hope not Hate by
February 2019, hadn't you, Mr Turner?
A. No, I - I met up with them once, in... I
believe, August, I believe, after I went to the
police about the first claimant, and I
continued email correspondence with them,
yes.
Q. Volume five, tab 166, page 4360, you
contacted Hope not Hate on the 3rd of
September 2018. Tab 166, page 4360.
A. Yes.
Q. You contacted them and provide - this is
at the bottom part of this - 'Dear Joe, .....
Here is the open letter regarding the Athens
Biennale that I'll be publishing tomorrow
(Tuesday) at noon'. It's almost like a VIP
event you are giving them, to your open
letter.
A. No, I'd - I had discussed, with the
researchers at Hope not Hate, putting out a
letter and... yeah, had gone through it, and
yeah, so just giving them an advanced read of
it.
Q. Tab 175, same volume. 4438. You went
on to contact them on the 6th of October. Do
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Q. Within an open letter, concerning the
alleged character failings of Nina Power,
there is a quote from Hope not Hate.
A. Yes.
Q. Can we agree about that?
A. Yes.
Q. The purpose of that quote, whether you
wrote the letter or not, is to legitimise the
contents of that letter, is it not?
A. I think it's giving a context for the letter,
and it seems to be -Q. Come on, of course it -A. -- yeah, commenting on trends.
Q. What is the purpose, if it is not to
legitimise the - that Nina Power is a bigot?
What is the purpose?
A. Yes, the purpose is to give context to
what experts in the field think of the certain
things that are discussed in the letter.
Q. It is not a coincidence, is it, Mr Turner,
you had your hand in writing it, didn't you?
A. No, I had absolutely no involvement in
writing that letter.
Q. Volume 1, tab- volume 1, page 359. I am
sorry I do not have a tab reference.
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Miller & Power v Turner
MISS GROSSMAN: Tab 22.
Q. I am grateful to Miss Grossman, tab 22, I
am told. Now I am - 359 is... 358, 359.
Now this is your - this is your - one of your
documents, Mr Turner, I am not... You
Tweet, Mr Turner, in the middle, and I'm so
sorry, but this is small, and it is not - it is not
a criticism of those representing you to, it is
just small, but I have made my point, and I
think you probably agree, that... That is your
Tweet, and in the Tweet, you - you - in that
Tweet, you - you appeal 'To all those who
oppose fascism,' don't you? Are you going
to have to get your glasses out?
A. I'm quoting the, the letter, the first line of
the open letter, yes.
Q. 'Important open letter from Anti-Reaction
Research Group alerting all those who
oppose fascism', yes?
A. Yes, that's -Q. Does that sound fa-- I mean, you wrote
the Tweet?
A. Yes, that's quoting the first line of the
open letter.
Q. Virtually identical to the opening line of
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as @Depopulatus, ParallaxOptics, and others
- was pompous, pseudointellectual, and
intentionally verbose.' Those are paragraphs
20 - 128 and 119 of your statement, yes?
A. Yes.
Q. Now, help us with - with this, Mr Turner.
Your Metamodernist Manifesto is a one-page
document that can be found on the document,
isn't it?
A. Yes, it's - it's an artwork, which was
written in the style of early 20th century
modernist manifestos, it is written in a
particularly fanciful way. And yes, it is uses unusual language.
Q. It is a - you say, or you claim, it was the it was the piece of work... your - your
musings within the Metamodernist Manifesto
is what drew Mr LaBeouf, the actor, to you,
yes?
A. Yes.
Q. And I - I wonder if you can tell me [?],
although it is only a page long, it has got
eight points, but I will just go to point five, I
think 'All things are caught within the
irrevocable slide towards a state of maximum
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the letter, isn't it?
A. It's quoting the opening line of the open
letter. The open letter is addressed 'to all
who oppose fascism', maybe it says -Q. There's no quote marks there. I mean,
there's no quote marks.
A. But you - you would click the link and
see that the first line of the article says 'to all
who oppose fascism', so... it's... yeah. I
was echoing the - to who that letter was
addressed, I didn't feel that needed quote
marks.
Q. Now, pausing there, Mr Turner, you - I'm
so sorry, I cannot remember if it was
yesterday or today - but you used the words
in your - in your statement, one of your
criticisms of Mr Miller, Miss Power and
others, is - is that the language they - they use
was, I quote, 'the language used by Mr
Miller operating the DCXTV Account, and
by other associated accounts, was pompous,
pseudointellectual, and intentionally
verbose'. 'language used by the DCXTV
Account - and by many of the Twitter
accounts with whom it was interacting, such
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entropic dissemblance. Artistic creation is
contingent upon the origination or revelation
of difference therein. Affect at its zenith is
the unmediated experience of difference in
itself. It must be art's role to explore the
promise of its own paradoxical ambition by
coaxing excess towards presence.' Seven,
whilst we are here 'Just as science strives for
poetic elegance, artists might assume a quest
for truth. All information is grounds for
knowledge, whether empirical or aphoristic,
no matter its truth-value. We should embrace
the scientific-poetic synthesis and informed
naivety of a magical realism. Error breeds
sense.' Your use of language, Mr Turner, the
aspect that I read to you, which began 'in
particular, we find', which began 'In
particular we find' Third Positionism, similar,
isn't it?
A. I don't agree with that, I agree that this
open letter is verbose and quite pompous, I
don't think it's pseudo-intellectual, I think it
makes points, it has some language in it that I cert-- it's certainly not clear, to a lay reader.
Where, my Manifesto is an artwork, it's - it's
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Miller & Power v Turner
in some ways deliberately obtuse and playful
with language, and it's also very short. I
think I say somewhere, in my messages,
about the open letter, that it - it is a shame it's
not more accessibly written, actually -Q. Just going back to page 64, again in four,
289 - 93. This, 'In particular, we find a Third
Positionist tenor - the dominant iteration and
most 'creeping' form of contemporary
fascism. Third Positionist cryptofascism
uses existing subcultural beliefs and lifestyles
to promote pan-Europeanism, ultranationalism, and neo-colonialism, while
cloaking its most unacceptable tenets. Yet,
more worryingly, much of the esoterica
discussed in the livestream also serves as the
metapolitical backdrop and spiritual
inspiration for some of the most violent farright tendencies we've recently seen in
Europe'. That's you and your mates, isn't it?
A. Absolutely not. You -Q. And this is part -A. -- I apol-- can I just say -Q. Please.
A. -- having seen a description between that
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sent to Penguin Books. Do you have the
letter?
A. Yeah.
Q. Now it is not disputed, I don't think, that
Penguin were Nina Power's publishers, and I
suggest you either wrote, or had a hand in
writing, this open letter.
A. No, I didn't.
Q. Can you agree with this, not many people
post open letters?
A. I don't believe this is an open letter, I
think this is an email.
Q. It is - it is an anonymous - an anonymous
letter, similar to the open letters which have
previously attacked Miss Power.
A. But, the purpose of an open letter is to be
a public letter. I had not seen this letter until
the claimants' solicitors sent it to my
solicitors, which I imagine was shortly after
this is dated, and that was dealt with in
correspondence. So we never received any
response, to our response, to this.
Q. Page 5097, is a content note.
A. Yes.
Q. 'anti-Blackness, misogyny, racism,
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6 October 2023
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writing there.
Q. But it is a word salad, isn't it?
A. I think that -Q. Means nothing.
A. -- I think that sentence you've read comes
across as a bit of a word salad itself, so it's
hard to follow. I think if you break it apart it
does make sense, but it's not - it's not
accessible. But if you compare that to the
two open letters that I have published, I
endeavoured to be clear, in those, and that's
why I'm writing in a context of an open
letter, to be as accessible as possible, which
is contrary to my 2011 Metamodernist
Manifesto, which is a very very short, and
dense, playfully written, piece. Nothing I've
ever written uses language in the way of that
open letter that I'm being falsely accused of
having a hand in.
Q. Your language is pompous, pseudointellectual and intentionally verbose, isn't it?
Do you agree?
A. No.
Q. Volume seven, tab 307. Page 1 - page
5096. This is an anonymous letter that was
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homophobia, transphobia, sexual assault,
antisemitism,
fascism.'
A. Yes.
Q. It is the sort of thing that you put, it is
similar on your website, isn't it?
A. It - it's standard practice, I use content
warning or CW, but yes.
Q. In summary, the letter accuses Nina
Power of being anti-Black, misogynistic,
racist, homophobic, transphobic, a
perpetrator of sexual assault, antisemitic, and
a fascist, do you agree?
A. I would have to... read it through,
because I don't know about the antiBlackness or the -Q. Can you -A. -- or the racism parts, or the... But I
know that the - the theme of it certainly is -Q. Mr Turner, you have read this?
A. -- as I recall -Q. You have read it, have read this, haven't
you?
A. I have read it -Q. Yes.
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A. I've - I've not read it for - recently.
Q. Well, I suggest you know full that you
have read it. You go so far as -A. I have said that I've - I've said I've read
it, I said I've read it, not recently.
Q. Well... my question is, before you
committed that, your - your interest in Miss
Power goes as far... not, it goes further than
compiling a dossier on her on your own
personal archives. It goes so far as to blow
up images of necklaces she wears, to try and
find meaning in the symbols of her necklaces
-A. Sorry, I -Q. That's correct, isn't it?
A. - I, first, can I break that up into two
parts, because I don't know what you're
referring to in terms of the dossier on my
archive.
Q. Your archive is - I am referring to the
dossier, against Nina Power.
A. Which archive?
Q. The Gorsedd archive?
A. The - the page, snapshot, which - which -
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going to draw your attention to five aspects
of this, what I suggest is another open letter
by you. Number one, sexual assault. It
alleges that Miss Power is the perpetrator of
sexual assault, do you agree?
A. Could you direct me to the - that part...
Q. We can see that, at the heading 'Sexual
assault and abuse', and references in a civil
court case at one, at 5103. 'Sexual assault
and abuse', civil court. Now, please keep
that volume open, and go to bundle 4, tab 61.
So, keep that one open.
A. Yes.
Q. Bundle 4, tab 61. Page 2874.
A. Yes.
Q. 2874, one, two, three, four, five, six
down, this is a - a conversation with you with
Miss Rönkkö, and you say, 'and she was also
taken to court for sexually assaulting a
student apparently'.
A. Yes, that is what I heard, and if you go
down to the... a few messages... where I - I
am asked 'Whose [sic] the student', and I say
'dunno, but i've head it from 4 different
people', so this is something that I have
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Q. The Gorsedd archive?
A. Yes, it was a snapshot that I made of her
Twitter account that I made on the 12th of
July 2019. It's just a single piece.
Q. What I am suggesting - and I will move
on - what I am suggesting is, when you are
not sure you have a hesitate - you hesitate and you know, as soon as you saw this, you
would have read every single word of this.
A. No, that's incorrect.
Q. And you have -A. -- I have read - I have read this letter, I -Q. Which -A. -- just haven't read it for a while -Q. And you -A. -- it's quite a long letter -Q. -- you know very well, because you had
more than a hand in writing it, didn't you?
A. No, I had absolutely nothing to do with
this email.
Q. That con-- that content note, it bears a
striking similarity to the content warnings
that you post on your website, when musing
about the character failings of others,
including Deanna Havas and Mr Miller. I am
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heard from multiple people.
Q. Two, here, letter at page 5101, going - so,
going back a page, we have still got this
letter open, is is - it references Goldman
Sachs, doesn't it? Bottom paragraph...
A. Yes.
Q. His - 'his mother', concerning Mr Miller,
'Terry Miller OBE is a senior Goldman
Sachs executive on many high-profile
cultural committees'.
A. Yeah.
Q. And Goldman Sachs is associated with
being a Jewish bank.
A. Yes.
Q. Please keep that volume open, go back to
volume four. Tab 61, page 2877.
A. Yes.
Q. One, two, three, four, five, six, seven,
from the bottom, it is you to Rachel Bewley.
A. Yes.
Q. Saying, about Mr Miller, his mother, and
this is the phrase, 'is goldman sachs blue
blood'.
A. Yes. This was repeating, actually, a
description, verbatim, that - that someone
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Miller & Power v Turner
had given to me the year about - about the yeah, about the first claimant's mother.
Q. Third point, on this letter. Miss Power is
referred to, at page 5102, as - as being 'a
comfortably middle class homeowner.'
Sorry, as being 'meanwhile', 'Power
meanwhile is a comfortably middle class
homeowner.' Yes?
A. Sorry, which paragraph are we in?
Q. This is the top paragraph on 5102.
A. Yes.
Q. Please keep that volume open, go to
bundle 9, I think it is. Hoping that the Lady's
tabs - we sorted ours out, we have spare
copies if you want...
MRS JUSTICE COLLINS RICE: I - I am
following you.
Q. It is - it is tab 425, but it is page 6397.
The... it is tab 425, page 6397. Does my
Lady have the - the page?
MRS JUSTICE COLLINS RICE: Yes.
Q. Thank you. Did you have it, Mr Turner?
A. Yes, this is -Q. And it is the bottom of page 6397, that is
you, and you are - you say she is 'quite
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Q. Please go to your witness statement, tab
31, volume 1. 464 - 4645, paragraph 39, d,
you reference, and I quote, 'An Italian
translation of "The Occult War: The JudeoMasonic Plan to Conquer the World"'. Page
forty - page 47, you say. Can you -A. Yeah that's the title - the full title of the
text.
Q. Just, to put it to you, you wrote, or had a
hand in writing, that, didn't you?
A. No, I had absolutely nothing to do with
writing that.
Q. Final - fifth and final point on this, Mr
Turner. Your criticisms of people extended
also to those representing the claimants,
didn't they?
A. I have mentioned them in private matters,
yes.
Q. Come on. Answer the question, your
criticisms of people extended also to the
lawyers representing the claimants, didn't
they?
A. I believe I was speculating as to why -Q. Please go to bundle 9, it is the 6397
again. Tab 425. Do you have the page?
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6 October 2023
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comfortably upper middle class - her parents
bought her her London flat', yes.
A. Yes, this is the year - full year, I believe,
after receiving this email, to Penguin, via the
claimants -Q. I -A. -- solicitors.
Q. -- suggest that you had more than a hand
in writing that letter.
A. No, I had absolutely nothing to do with
writing that letter.
Q. Fourth point, on this letter, 5099, if you
go back to the letter. Last - first paragraph,
last line, it states 'Evola promoted, translated
and wrote the introduction to "The Occult
War: the Judeo-Masonic Plan to Conquer the
World". Let's be frank, that is a... obscure
text, in comparison to, perhaps, if we
compare it to Harry Potter and the
Philosopher's Stone. Not one that anyone everyone would have read.
A. But it - it is - it is a text that the first
claimant is known for promoting -Q. Please go to -A. -- and an extreme anti-Semitic text.
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A. 637, sorry?
Q. 6397?
A. Six, three - which tab?
Q. It is tab 425?
A. Sorry. Yes.
Q. You refer to Ms Power and Mr Miller
having, you say, "They are not paying any
legal fees, though, since they have right wing
lawyers working for free (though reluctantly
now it seems)." So I just want to draw your
attention to the language that you use.
"Right ring lawyers", plural, working for
free. Now, this was an exchange between
you and someone called Catherine Chapman,
wasn't it?
A. Yes, and this was, I believe in, it is either
late 20 -- I think this is in 2022.
Q. The description of right wing lawyers that
you gave, it wasn't a term of endearment,
was it.
A. No, I think it was -Q. It was a slur.
A. I don't think right wing is a slur, I didn't
say far-right lawyers.
Q. Please go back to the penguin letter,
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bundle 7, tab 307. Page 5101. The second
paragraph, "The notorious, outspoken
pro-Israel lawyer Mark Lewis is representing
Miller and Power for free." Mr Lewis who
sits behind me, you recognise him?
A. Yes.
Q. Again, you had more than a hand in
writing that letter, didn't you?
A. No, and I think the pro-Israel part of that
sentence is, at the very least, problematic.
Q. Pro-Israel is generally problematic, is it?
A. No, the insinuation of it being a pro-Israel
is a negative thing which I perhaps read in
that sentence -Q. You say -A. -- it is problematic, as someone who has
close immediate family who lives in Israel,
whose grandmother emigrated to Israel,
whose aunt also emigrated and my first
cousins were born and live in Israel.
Q. You say you didn't have any hand in
writing that letter?
A. Correct, I had no hand in writing this
letter.
Q. I suggest that you are lying?
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A. Yes.
Q. You meant in that exchange because that
is you, the other lawyer was Ms Grossman,
who sits behind me?
A. Yes.
Q. Can you provide any basis for Ms
Crossman being right wing?
A. No, I can't provide any basis for that.
When I was talking about lawyers I was of
course also referring to the, you know, not
just one lawyer at Patron law and I was
trying, I was casually talking about what
might motivate someone working on a CFA
for someone of a political ilk. But the
suggestion that I am somehow against, that I
am somehow against measures to address the
anti-Semitism problem in the Labour party is
completely counter to my politics, I am not -Q. Your reference to a CFA is a conditional
fee agreement?
A. Yes.
Q. These things, in terms of your
participation in this litigation, they don't
trouble you, do they, because you are having
your litigation paid for by your dad? That's
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6 October 2023
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A. No, I am not lying.
Q. Did you, this is an example of you
seeking to manipulate, again, isn't it?
A. No, I had nothing to do with this.
Q. Do you say that Mr Lewis -- did you say
about Mr Lewis because he had been taking
cases brought against the Labour Party,
Mr Turner?
A. Sorry? Did I?
Q. Did you refer within, I'm suggesting that
the letter is written by you and your friends,
or you on your own, but you knew that
Mr Lewis had been taking cases brought
against the Labour Party, didn't you?
A. I support those efforts to remove the
problem of anti-Semitism within the Labour
Party.
Q. You knew that they were anti-Semitism
cases, didn't you?
A. I believe that Mr Lewis has been
involved in anti-Semitism cases against the
Labour Party and I support those.
Q. In the exchange with Catherine Chapman,
to which I have referred, you use the plural,
"lawyers", don't you?
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right, isn't it?
A. Sorry?
Q. I am saying you can carry on with this
and say what you like because you can act
with impunity because you are not having to
put your hand in your pocket, Mr Turner.
MS EVANS: I don't really wish to -MRS JUSTICE COLLINS RICE: I just
wonder whether this might be a point to let
the stenographer have a break, she hasn't had
break for a while. Five minutes.
(15.21)
(A short adjournment)
(15.30)
MRS JUSTICE COLLINS RICE: Thank
you. Mr Walker, I am not terribly
comfortable with this line of questioning
about the funding of Mr Turner's litigation. I
infer that your intention is in due course to
direct submissions to me in response to the
objections he seeks to make about his means
being referred to?
MR WALKER: Correct.
MRS JUSTICE COLLINS RICE: So I
understand that, but the target that you have
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Miller & Power v Turner
to hit with that is not their truth or falsehood,
it is their reasonableness.
MR WALKER: I am grateful for the steer
and I will move on.
A. May I just, because it ended on a
question?
MRS JUSTICE COLLINS RICE: Well, the
point I am making is that I am not sure it is, I
am not sure that we need to get very much
further into this.
A. I would -MRS JUSTICE COLLINS RICE: To be fair,
just to explain, had your lawyers sought to
probe the origins of the claimant's funding of
their litigation I might well have taken a
fairly dim view of that. So, I think, as I say,
well you have my point.
A. I would just like to just respond though
with the -MRS JUSTICE COLLINS RICE: Perhaps
you could do so briefly because I have
indicated that I am, that the question need not
be made at this point -MR WALKER: I am acceding to my Lady's
invitation and I am moving to the next
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volume 1, tab 38, page 750. Within that
letter there is a hyperlink, it is provided to a
Twitter page that references something called
the White Pube. The White Pube is a Twitter
account, isn't it?
A. It is actually a website and an art
criticism duo who go under the name of the
White Pube.
Q. Is that that particular Twitter handle, the
White Pube, it is something you follow, isn't
it?
A. Yes.
Q. You have re-tweeted on Twitter, isn't it?
A. I have re-tweeted, yes.
Q. Yes, and that is paragraph 134 of your
witness statement. Ms Power's lawyers
raised your, what we say is your confusion of
the lecturer, Nina Edge, and the lecturer Nina
Power through your lawyers on 30th of June
2023. Do you accept that you made a
mistake in confusing them?
A. No, the second claimant has posted about
her leaving her employment at Roehampton,
I believe it may have been slightly earlier
than that, I think I was just looking at that
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6 October 2023
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subject.
MRS JUSTICE COLLINS RICE: Thank
you.
A. Okay.
MR WALKER: The next subject, could you
turn to bundle 1, tab 6, page 83?
A. What was the page, sorry?
Q. It is tab 6, page 83, bundle 1.
A. Yes.
Q. Now, at paragraph 2.2, you claim that Ms
Power left her employment at the University
of Roehampton following criticism of "...
public statements made by her that were
deemed to be hostile to transgender persons."
But you haven't provided any evidence of
that, that's correct, isn't it?
A. No, I think that's incorrect, I think we
have provided a transcript of a podcast in
which the second claimant herself says words
to that effect.
Q. In October 2018 an academic called Nina
Edge left Liverpool John Moore's University
in connection to comments made by about
transgender persons. The reference to that
letter is from claimant's solicitors at, still in
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yesterday, or the day before, I think it might
have been August 2018 and subsequently
went on podcasts and talked about her
experience at Roehampton, being ostracised
for her views on trans people and I think we
may have a transcript of that in the bundle.
But I note also the specifics of the point in
the second claimant's pleadings that she said
she, counter to her public statement on
Facebook saying that she had left, that she
had continued after that point with I believe
one PH student, for another two or three
years. So, there is not, I don't think, a
confusion though with Nina Edge about
whom I don't particularly know anything.
Q. I suggest this is an example of your
tardiness in terms of your research?
A. No, I am not confusing the two people, I
am going off the second claimant's own
Facebook page that says that she had left
Roehampton University and podcast
appearance, this is when she went into her
targeting, as she saw it, and ostracization at
Roehampton as a result of her position in
relation to trans people.
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Q. Bundle 5, tab 148, page 3994.
A. Sorry, is that 3944?
Q. 3994.
A. Yes.
Q. 3994. On 21st of September at 10.02, it
is fifth from the bottom, you send someone
called Andrew Osborne a link to a tumblr
blog from an account called causasuicide and
it is a link which is called "Towards a
Hitlerian Disability Politics", don't you?
A. Yes, and in fact if you go to the top of the
page, 3994, where it says, "not applicable",
that is actually an image that I had sent him,
a screenshot of that article that I sent him in
advance of sending the article which the
screenshot, the image can be found overleaf
on 3996.
Q. You didn't -A. It is a screenshot of the title.
Q. You didn't know who had written this
article, did you?
A. No.
Q. Because we can see, if we go over the
page, in fact 3995, at the top, you and
Mr Osborne are speculating about whether it
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Q. It is page 358, I am so sorry, I didn't say,
it may have been, I'm sorry if I didn't. Now,
I have gone to the sources, so at 4.5.3 -A. Yes.
Q. -- this is you and you say in the tweet, in
this thread you make a number of allegations,
at 4.5.3 on this reconstruction, you add the
tweet alleging that Mr Miller wrote this blog
that called for the killing of disabled people,
you wrote this?
A. Yes.
Q. "Last year, Daniel 'DC' Miller also
published a
pseudonymously authored blogpost entitled
'Toward a Hitlerian Disability Politics', in
which he
called for the state-mandated euthanasia of
disabled people", can we first accept that's a
bit nasty, if it's not true?
A. That was an honest mistake, it was a
mistake, it was a misattribution, I go into
details about why I considered the article to
be written by the first claimant, which I can
elaborate on, if necessary. But it is an honest
mistake, I regret deeply any factual mistake.
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6 October 2023
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is Daniel Miller?
A. Yes, the context -Q. You are saying you think it is Miller and
then you say, "looks like they only started
this blog this month." That is the beginning
of you speculating. On 21st of September,
the same bundle, tab 148, page 4026, do you
have it?
A. Yes.
Q. The top of the page. It is you saying,
"Miller, just deleted his causasuicide13
Reddit?"
A. Yes.
Q. Then, on 27th of October, 4078, so you
are attributing this to Mr Miller, 4078. At
807, "I wish I'd archived that Hitlerian
disability politics article." You wish you had
archived it, yes?
A. Yes, and I say it was too grim. This was
a mistake and a misattribution, just to say.
Q. Volume 1, tab 22. Again it is the small
things that I have referred to before. But,
hopefully, we might be in agreement about
what it says.
A. Which page, sorry?
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It is clearly, one would understand why I
would, I particularly regret making a mistake
in such circumstances and there was nothing
in any sense malicious about that
misattribution.
Q. To summarise, the blog no longer exists?
A. Certain parts are -Q. Is it up, Mr Turner, is it?
A. No, the blog post itself is not archived -Q. Thank you.
A. -- what is archived is the link to it.
Q. The account that -A. What still exists, not just archived, it is
still publicly on Reddit is the author sharing
it, on Reddit, and what is preserved in my
messages to Andrew Osborne and a
screenshot of the heading and then I give the
explanation it was just too grim to
screenshot.
Q. The account that operated the blog no
longer exists?
A. Correct.
Q. The page on Reddit where you found the
tumblr title has been archived and has no
information on it, other than the title. That is
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tab 170, page 4422. Do you agree with that?
A. I believe one of those pages is still
actually publicly available, though it is
unlisted, but it is also archived.
Q. You don't have -A. There is an archive of the, what would
have been the full blog itself, with all the
articles, but unfortunately the archiving stops
at a certain level and I think that the Hitlerian
piece was unfortunately just below that.
Q. You don't have a copy of what was
posted, except for the title?
A. That's correct.
Q. You can't be sure what it said?
A. No.
Q. You say it's too grim?
A. It was too grim, I remember reading it, it
was only a two or three paragraph blog entry
and the title spoke for itself, yes.
Q. The page never had Daniel Miller's name
on it?
A. No.
Q. You conceded, subsequently, that it was
not Mr Miller that wrote it?
A. Yes, it was --
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Q. Am I right that you alleged that the crowd
funding itself was an act of harassment
against you?
A. Yes, it is. It is worded in such a way and
directed and shared to essentially instigate a
far-right mob against me and that was borne
out in the far-right responses to me. That
page is still online with the false allegations
that it contains.
Q. Whilst I suspect there will be some
re-examination of you, we are going rather
well, Mr Turner, and there is an outside
chance of us getting to the end of this today.
Anti-Semitism, Mr Turner, do you accept
that an observation about wealth on its own
is not necessarily anti-Semitic, is it?
A. Yes, I accept that.
Q. Sorry?
A. Yes, I accept that.
Q. In your statement, at paragraphs 271 to
276, you say that, "I was horrified by this
reference because it was firmly premised in
the age-old antisemitic trope which
associated Jews with wealth." So, 31, so we
are all clear. 271 to 276. This is in relation
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6 October 2023
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Q. You deleted your tweet, alleging that
Mr Miller was the author on 10th of
September 2019.
A. Yes, this was as soon as I had any doubt
in my mind that he was the author and
reassessed and deleted it.
Q. The tweet was posted on Valentine's Day
in 2019, so I make it between 14th of
February and 10th of September 2019, that
was seven months in which to do your
homework?
A. Yes, and this tweet had extremely
minimal engagement. I was just giving
further context for an exceedingly fascistic
article that the first complaint had just
published on the Neo-Nazi website, Social
Matter and so on, yes.
Q. But the deletion did coincide with
Mr Miller seeking to crowd fund from others
to bring an action in libel against you, didn't
it?
A. When you say coincide, my deletion was
the day before. I had no idea that he was
seeking to crowd fund the next day, that is
perhaps the definition of coincidence.
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to, "Later on 27 October 2018, Mr Miller
went on to tweet, 'Luke Turner is the heir to
a £50m textile company so this should be
good." You say you were horrified by that
reference because it was fairly premised in
the age-old anti-Semitic trope which
associated Jews with wealth. The first thing,
Mr Turner, you are connected to Turner
Bianca, which is a textile business, that is
correct, is it not?
A. Yes, I am a director.
Q. In its last published Turner Bianca
disclosed a turnover of £131,568, correct?
A. Correct.
Q. You know that because you are a director
of Turner Bianca, along with seven others,
who include your siblings, yes?
A. Correct.
Q. The company is based in Oldham, it has
company offices in Portugal, Spain, Pakistan,
India and China?
A. I think that's correct.
Q. You live in Belsize Park, yes?
A. Yes.
Q. Your director's remuneration in 2022,
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between those directors was £860,199,
including pensions, yes?
A. I do not know that. What I can say is that
my earnings from the company at the time in
question, my salary was £16,000 and I
benefited dividend payments of £4,000. The
following year, my salary was £23,500 and I
benefited £3,000.
Q. I am so sorry, you can -A. That is, that is it.
Q. You give your profession, within your
statement, as being an artist and a writer?
A. Yes, that's correct.
Q. Though, you observe at paragraph 9 of
your statement that you are, and also you
observe at paragraph 9 of your statement you
are not religiously observant, you are Jewish
by matrilineal descent?
A. Yes.
Q. So, it is correct to assert that you are
wealthy, yes?
A. That is a relative statement but, no, not by
most measures could I be described as
wealthy and certainly not a millionaire.
Q. You, with your siblings, are an heir to a
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Professor Heidi Matthews." Because you
had a spat with her, did you?
A. No, I had, and I believe this is a response
to the aforementioned Anna Khachiyan being
suspended from Twitter, if you recall, for
slinging the R word at me, which I reported,
and resorted in a temporary suspension and I
believe she is responding to that. I did not
know who Heidi Matthews was before her
tweet there and I only responded to Sean
Moran's reply there, repeating the, as I
describe it, "dog-whistle lie", which is what
it is. It was started by the first claimant, then
Heidi Matthews replies and I give a bit of
context about what I am experiencing at that
time. No part of that is an attack on Heidi
Matthews.
Q. So, Sean Moran, says, "Trying to make
sense of him inheriting 49 million dollars and
thinking anyone else is an oppressor but him,
what a fucking loser." You say, "Very kind
of you to spread this dog-whistle lie that was
started by DC Miller." Do you accept that
that wasn't started by Mr Miller, it was in
fact Mr Keller?
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multi-million pound, multinational textile
company?
A. The figures that you have given are
incredibly misleading, it is a company with a
very high turnover and very small profit
margin. I think that the second claimant
herself comments on the small profits that the
company generates.
Q. Hardly worth writing, is that what you are
saying?
A. No, the company employs, I think almost
300 people and that is an objectively good
thing.
Q. Could you go to volume 2, tab 41. Page
1077. Whilst we are at 1077, if we go to the
top, Heidi Matthews is mentioned as
someone you had also attacked?
A. Sorry one, zero?
Q. 1077, it is tab 41, Mr Turner.
A. Yes, okay. No, there was no attack on
Heidi Matthews shown there.
Q. I will ask you the question. 1077. Heidi
Matthews says this, "This is your cease and
desist letter. Don't fuck with boss bitches.
(Yes, you can take this as a threat.) Sincerely,
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A. No, I don't accept that. The dates that
the, the tweets that you went through
yesterday showing Mr Keller's tweet was in
mid-November, the first claimant's two
tweets about my purported wealth and vast,
purported vast inheritance were in
mid-October, two or three weeks before Mr
Keller's tweet. So, no, that is
chronologically wrong.
Q. "Very kind of you to spread this
dog-whistle lie." Is it just the sum that we
are nit-picking over or is it the generality
which is you are an heir to a multi-million
pound textile company, which is it?
A. Firstly, the tweet says I inherited wealth,
I have not, I have not inherited anything.
Secondly, the figure is wrong, I can only
comment on what is presented at me, I don't
want to engage in hypotheticals of value
judgments, I don't see the point of that.
Q. So, I mean, so your problem with this is
that you haven't inherited it yet and the
figure is wrong? Or is it that you say this is
an anti-Semitic trope?
A. It is clearly an anti-Semitic trope, it is
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clearly false and it is clearly intended to
attack and discredit me on the basis of the
false accusation of extreme wealth, which
clearly is anti-Semitic.
Q. The observations, you say, are an
anti-Semitic trope when they are directed
towards you, yes?
A. I think this sort of trope in attack, I think
context is key here. It is used where it is an
irrelevant fact, it is not relevant to anything
in the conversation, it is not relevant to Ms
Khachiyan hurling ableist abuse at me, that
has nothing to do with anything. Discussing
in a business scenario, for example,
someone's wealth, obviously has a different
connotation and is most often clearly not
anti-Semitic.
Q. Can you go to volume 1, tab 8, page 192?
A. Sorry, could you just give me the
reference again?
Q. It is tab 8, page 192.
A. Yes.
Q. This is Ms Power, the tweet by Ms Power
that you reference as being anti-Semitic, she
says, "Love the way the director of a
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and banking. Do you remember that?
A. Yes.
Q. The observation is a correct one?
A. Yes.
Q. Is it therefore, anti-Semitic?
A. No, it is, firstly we are not Jewish
individuals, secondly the point I was making
there was these were not people with
background in the arts and they were
attempting to build up an arts platform when
they didn't know, evidently, much about art
and were acting corruptly.
Q. It is the case really that when
observations are made about you they are
anti-Semitic but when they are made by you,
they are not, that's right, isn't it, Mr Turner?
You claim context in those situations, don't
you?
A. Yes, it is clearly in this context has to do
with a transaction or an event where I was
ripped off, my work was faked for them to
raise money, fakes of my work were sold and
that is the context of that. These individuals
were not Jewish and there is nothing in my
article there that could be said to have
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multi-million pound textile company notes
that, 'the site's founders have backgrounds in
fashion and banking(!)'". This is in response
to another tweet that you provided a link to a
blog post?
A. I have not provided a link.
Q. Art: I: Curate blog post that you had
written, correct?
A. This was a blog post, yes, from probably
11 years ago now, I would assume.
Q. The purpose of that blog post, that you
wrote, was to make public the conduct of the
online curation platform, "Art: I: Curate",
yes?
A. Yes, it was a simple case of a crowd
funded arts platform who, without my
knowledge, had been making unauthorised
reproductions of my work and selling them
as benefits for the crowd funder, so making
fakes of my artwork to fund their arts
platform.
Q. You accused them in that blog post of
blatantly lying and you also made the
following observation. You said that the
site's founders had backgrounds in fashion
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anything to do with anti-Semitism.
Q. Please go back to bundle 4, tab 61,
please. Page 2877, "Re Daniel Miller.
Mother is a Goldman Sachs blue blood?"
A. Yes.
Q. This is the exchange between you and
someone called Rachel Bewley and we
touched on it before?
A. Yes.
Q. You have accepted that Goldman Sachs is
often viewed as being a Jewish company.
Were you being anti-Semitic when you
referred to Daniel Miller's mother as being a
Goldman Sachs blue blood?
A. No, absolutely, and also the first
claimant's mother is Roman, is Polish
Catholic.
Q. Did you know that Mr Miller's mother in
fact converted to Judaism in a synagogue?
A. No, I did not know that.
Q. Because you don't do your homework, do
you?
A. I don't know how I can be, on the one
hand, accused of looking with too much
interest at the first claimant's parents for the
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purposes of working out what is going on
when I have litigation launched against me
and on the other hand being accused of not
doing my homework. The only point I was
making here was that the first claimant
appeared to have the means to pursue his
legal action against me and this is occurring
at the time that the crowd funder is launched
when I am trying to work out what on earth
is going on.
Q. You have just suggested that you are not
interested in the parents of Mr Miller. That
is a lie, is it not?
A. Sorry, I didn't suggest -Q. You just said: "I wouldn't know that Mr
Miller's mother converted to Judaism" and
your response was: "I'm not interested in his
parents." Was that the import of your
answer?
A. No, that wasn't my response. My -Q. So you are interested in them.
A. If you'll let me give my explanation.
Q. Which is it? You are or you are not?
A. So the context of this is that the claimant
has just launched his crowd funder. I'm
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somewhere. Let me try to find it. It was
Bedales. This school. His dad and his sister
both went there too." That is a strenuous
level of detail.
A. Firstly, I know my Lady had my answer
on my interest post crowd funder into the
claimant's circumstances doing due diligence
as one would do, and I would also, because
there's a certain accusation being made here,
invite her to turn to - it's a very easy one.
It's the first -Q. Before we go to what you want to go to,
can we look over the page. This is the detail
it goes into. "This is his dad, this is his
sister, this is his class of 2009." Your answer
was, when I asked you whether you knew,
your answer was, I suggest, the impression
you sought to convey to this court is "How
would I know about his parents?" Do you
agree?
A. No, I didn't give -- That's not the answer
I gave. It's one detail that I happen to have
seen. I would invite my Lady to turn to
volume 2 tab 42 and the first page of that.
Q. I am going to finish this topic, and then as
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6 October 2023
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trying to work out what is going on. There is
an unusual pattern that I noticed of money
going into that crowd funder. I am
speculating with a friend as to what might be
going on and I recall that someone has told
me that in this phrase that he may have the
means himself to pursue this action and I
note that his father is extremely active online,
on Twitter, in promoting LD50 Gallery
themes and promoting the crowd funder. So
what is publicly clear is that the first
claimant's father, who is a - I think it's fair
to say - right wing writer for the Spectator,
has an interest at the very least.
Q. You have done some proper research,
have you not, because your answer before
was: "How would I know?"
A. No, I gave the answer that I gave because
-Q. Go to volume 9 tab 425 page 6360. This
is Ian Gray(?) in responding to your
suggestion that you would not have much
interest in the first claimant's parents. "You
seem to be aware - do you know the name of
the school Mr Miller went to? I do
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far as you are concerned, the questions of
anti-Semitism, particularly in relation to
wealth, really just depends on whether
someone is making it about you or you
making it about someone else. That is the
principle reference, is it not?
A. No.
Q. Moving on, the Third Reich notoriously
policed art, in particular by burning books,
did they not? Yes?
A. Yes.
Q. Please go to bundle 1 tab 8 page 173, and
we are almost there, Mr Turner. You never
know. This is Entartate Kunst, page 173 of
bundle 1 tab 8. This is a reply by Mr Miller
to a tweet from someone called
Archaeofuturist, who quote tweets "Hope not
hate", describing LD50 as a fascist leaning
gallery. Correct?
A. Yes.
Q. Within the quote tweet they tweet:
"Fascist art gallery." Mr Miller replies to
that tweet by stating Entatarte Kunst, which
means degenerate art.
A. Yes.
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Q. Just to be clear, Hope not hate's tweet is
what is calling LD50 fascist and bigoted.
A. It uses the word "fascist-leaning" echoing
my word, that puts it mildly.
Q. Do you accept that on one view
Archaeofuturist is on one view giving a
mocking reply of Hope not hate,
demonstrating their categorisation of an art
gallery?
A. I think Archaeofuturist is one of the first
claimant's associates of a neo-reactionary ilk
and there is a certain ambiguity in that tweet
and often a celebration of fascist aesthetics
and so I think these tweets operate in that sort
of grey zone that the alt-right likes to operate
in and a gleeful used of Nazi terminology,
which is how I read the first claimant's reply.
Q. I will ask the question in a different way.
Is it a possible interpretation of someone who
you do not know, this Archaeofuturist, is it a
possible interpretation that they are quote
tweeting in that way that is an ironic
comment on Hope not hate's tweet? Is that a
possible interpretation?
A. I would suggest that the correct
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reply can also be interpreted as being a
similar observation about the cancelling of an
art gallery that dared to provide a space for
alt-right art to be critically assessed. Do you
agree?
A. Absolutely not. The purpose of LD50
was not to critically assess these ideas, as
was plain from their exclusively neoreactionary conference, which was advertised
on extreme right wing websites noting the
secrecy around that event so as not to allow
any left wing people in. This was a onesided extreme right gallery and the framing
this by the first claimant using the extremely
inflammatory term of "degenerate art" in
German, which in the first claimant's crossexamination he proceeded to offer almost a
revisionist history of pertaining to its history
of targeting not just Jewish artists but Jewish
critics, Jewish writers, Jewish art collectors,
Jewish art dealers. This was the Nazis who
considered modern art to be a Jewish and
degenerate movement, and I think that was,
as an artist and as a Jewish artist, a particular
low point of these proceedings, and I see that
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6 October 2023
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interpretation and the intended interpretation
of this tweet is a wholly more horrific one
than Mr Walker may have realised, because
the tweet was presented as an acrostic -Q. Mr Turner, I am not paid to realise or be
here to realise anything; I am here to ask
questions.
A. Okay. So my answer is that this tweet is
in the manner that we have seen the first
claimant retweet. It is in, I believe, my
witness statement, this is an acrostic spelling
out a homophobic slur.
Q. Because -A. If one reads down the first letter of each
word, it is a trend that the alt-right and this
group of accounts are very keen on.
MRS JUSTICE COLLINS RICE: As in
"fascist art gallery"?
A. Yes, so if you -MRS JUSTICE COLLINS RICE: Yes, I
understand.
A. Yes.
MR WALKER: I suggest that is a very
possible interpretation that this is an ironic
tweet of a policing of art, and Mr Miller's
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same expression and provocation and - yes,
here. I don't think there's too much that
needs to be said about that.
Q. You agree that context is important, do
you not, Mr Turner?
A. Yes.
Q. Bundle 1 tab 8 page 166. This is
Invertebrate Homunculus. The first tweet on
this page is Mr Miller challenging you to
consent to a physical fight. Is that correct? It
has also been referred to as a duel, an
invitation to a duel.
A. Does not have the word "consent" on it if
that is what you are asking me.
Q. Well: "I challenge you to a physical fight
to take place in London one month from now
- are you man enough to accept?" As you
are asked for your acceptance you would
have to consent to that, would you not?
A. It is - I would respond - an intrinsically
quote/unquote invitation and it is threatening,
especially coming a day after I had the
knowledge of the first claimant's alleged
propensity for violence.
Q. That tweet is sent at 11.56 a.m. on 4
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August 2018 and later the same day, almost
12 hours later, in fact, he refers to you as an
invertebrate homunculus, and that literally
means "spineless little man", does it not?
A. When you say "literally", the word -Q. Invertebrate homunculus in Latin means
spineless little man.
A. Well, the rest of the tweet is not written
in Latin so I don't know why one should
translate literally homunculus -Q. Come on, Mr Turner, we are concerned
with invertebrate homunculus. It cannot be
signposted to you clearly enough.
Invertebrate homunculus: does that mean
spineless little man?
A. Its meaning -Q. I will move on.
A. Yes.
Q. Go back a few pages, 159. This is Mr
Miller calling you a pathological liar and a
spineless coward, is it not?
A. Yes.
Q. That is the context. Do you accept that
may be the context? There is a theme if you
being spineless.
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A. It is not inviting me to meet someone.
It's inviting a physical confrontation. That is
a very different thing.
Q. It is not the end of my cross-examination
but I am going to put my case to you as best I
can so that I am not - and if there are any
aspects which it is felt that I have not put
then I would be grateful for any assistance.
Mr Turner, you have provided within your
145-page witness statement various examples
of what you say illustrate anti-Semitism.
None of those examples are conceded but for
the purpose of efficiency I suggest to you
that you seek to impost and overlay antiSemitic meaning on a selective and partial
reading of information that you can see. Do
you agree?
A. No.
Q. Mr Turner, you are aware that Mr Miller
changed his Twitter image to that of the Star
of David, giving your interpretations of Mr
Miller and others who you have attacked in
your 145-page witness statement. One
interpretation that you might have come to is
that he was being anti-Semitic in putting up
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A. I think using the term invertebrate
homunculus is an escalation into an antiSemitic choice of words, words with antiSemitic connotations, especially homunculus,
which obviously has a long history of antiSemitic connotation.
Q. Mr Turner, anti-Semitism, as we have
heard from Mr Miller, has a long history and
I suggest almost any slur could be associated
with being anti-Semitic if one looks hard
enough or one Googles in a certain way. Do
you accept that?
A. No.
Q. Effectively, he is saying - and you are
free to agree or disagree - that you can dish it
out, bullying online, but you refuse to be
confronted by those who attack your life. Do
you agree?
A. Sorry, where are we at?
Q. I am putting a proposition to you, Mr
Turner, and I am saying that what the
homunculus tweet means is that you can dish
it out but you cannot take it if you are
challenged to actually meet someone from
behind your keyboard.
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the Star of David. Do you agree?
A. No, I don't know the image that you're
referring to or the account that is mentioned
in the first claimant's witness statement. I
have never made any such statement. I don't
know how it would be considered to be antiSemitic to -Q. Do you accept that the time spent on your
own in the dark in your flat sustaining
yourself on supermarket-delivered groceries
may have resulted in you getting it wrong
about your interpretation?
A. No.
Q. You would accept though, Mr Turner,
that this self-imposed isolation that you
describe occurring before your engagement
with Mr Miller and Ms Power would
prejudice your perspective, would it not?
A. No.
Q. What you did, Mr Turner, is you attacked
these people and you were almost relentless
in continuing to do so, were you not?
A. No, and in the evidence that the claimants
have given they make the false statements
that I have -- I believe - I may be wrong but
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I believe both claimants made the allegation
that I had relentlessly continued to attack
them for the past five years, whereas in
reality my last publication about either of
them is the last publication complained of,
which I believe is August 2019, with the
exception of the news article that you will
recall about the TPI and the subsequent two
additions to that.
Q. You could have shut the computer, gone
off to see your family in Oldham, but you
chose not to. You could have done that,
could you not?
A. No. Having to monitor such things for
my own safety has been a vital part. If I had
not been doing so, then I would not have
known about the attempts to break into my
flat, about the murder plot in Finland, about
the targeting of me and then speaking to
security at the gallery who then monitored it
and had Securitas there monitoring it and
raising awareness and monitoring these
things, is a matter of self-preservation; it is
not simply a case of being able to shut the
computer, especially when one has over
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A. No, that's incorrect. It does not tag the
first claimant. I've never tagged the first
claimant since - responded or tagged the first
claimant since my last engagement with him,
my last reply to him, on 30 July 2018.
Q. You are absolutely right, but you know
what I am saying, referring to. Do you
understand what I am saying, referring to it?
You do not tag him -A. I refer to him, yes, with regards to an
escalation of the events that the Athens
Biennale.
Q. Stay with bundle 1 tab 1 page 1. This is
18 October. "Disturbingly, Athens School of
Fine Arts - where #Athens Biennale curator
Poka Yio teaches - just held a..." Are you
having a go at Poka Yio because he or she
has disappointed you?
A. My thread says what it says. I think it
speaks for itself.
Q. "...just held an event platform Daniel
'DC' Miller, the fascist writer under
investigation by police for making death
threats towards me." So you are referring to
Mr Miller in your tweet on 18 October. Yes?
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104,000 posts directed at you and then this
sinister extremely deeply personal and
threatening conduct of the claimants.
Q. After 4 August, starts on 27 July, then
after 4 August, there were a total of three
tweets from Mr Miller. There is on 5
September 2018 Mr Miller responds to a
Hope not hate tweet which states they stand
with Luke Turner. He responds with an
"LMFAO". Other than that, two tweets: one
in October 2018. Aside from those, Mr
Miller did not tweet, reply, tag or quote tweet
you from Twitter for a period of
approximately six months, did he?
A. I don't think that chronology is correct.
Q. Between 5 August 2018 until 12 February
2019 - correct me if I am wrong - three
tweets.
A. I think that is incorrect, yes.
Q. And over that period you keep on at Mr
Miller, do you not? Let us go to volume 1
tab 22 page 355 again. It is the small one.
The first tweet - this is a construction of the
tweets - from you tags Mr Miller. That was
on 18 October. You can see that.
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A. Yes.
Q. Referring to him as appearing as Italian
super-fascist Julius Evola", and it has been a
while since he has had anything to say to
you. Is that right?
A. Well, it hasn't been a while since the
events of the Athens Biennale, which are
very much ongoing and this him turning up
at an event related to the Athens Biennale
and the host there is extremely relevant and I
think is a matter of public interest and public
interest specifically within the art world that
this is happening, and it's a - yes.
Q. I can take you to your own context
schedule if needs be to illustrate this, but will
you agree - I hope you will - that you refer
to Mr Miller either in tweets, the open letter
or by linking to your web archive six times
over the period between 5 August 2018 and
12 February 2019. Does that sound about
right?
A. It sounds correct, yes.
Q. During that period Mr Miller relinquishes
his Twitter account DCXTV, does he not?
A. He changed his user name.
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Miller & Power v Turner
Q. He relinquishes his Twitter account.
A. No, that's incorrect, that's incorrect. He
changed his Twitter user name from DCXTV
to MPCDCTV, proceeded to post a number
of confusing tweets about Hitler and was
suspended by Twitter that same week at the
time that Twitter had a mass suspension of
MPC meme-related accounts, as it was at that
time a far right and alt-right meme that
Twitter wanted to rid the platform of, that
had nothing to do with me.
Q. During that period, Mr Miller
relinquishes his Twitter account @DCXTV,
does he not, Mr Turner?
A. Well, his Twitter account user name is
changed but it's still the same account -Q. You know that because you assumed
control over it, did you not?
A. I didn't assume control over it. I -Q. Can you go to volume six.
A. It's not the same account. That's an
important -Q. Can you go to volume six, tab 180 page
4463. This is you retweeting your own tweet
from Mr Miller's old handle that you had
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a day or two before I've been bombarded
with the violently threatening abuse and been
sent - had Swastikas directed at me by Ms
Havas, which was endorsed by the first
claimant and I put as the profile image a
well-known anti-fascist graphic which in one
form or another has been used since the
Second World War of a Swastika that has
been smashed, and this, yes, is a response to
that. I think it's a relatively measured
response and it was also an expression in
some respects of relief that the first claimant
had been moved off Twitter.
MR WALKER: My Lady, I am not going to
finish, I am afraid, but we are very close. In
actual fact, I think I will be within our
allotted time.
MRS JUSTICE COLLINS RICE: Well, I
say this in the most neutral way possible: that
was a good afternoon's work to get us back
on the timetable. I did suggest the other day
that by now you might have had a
conversation about a realistic timetable for
next week.
MR WALKER: I am so sorry, and it will be
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6 October 2023
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taken over. Correct?
A. Yes, I had parked the handle
predominantly to try to prevent the first
claimant returning to Twitter to harass me.
Q. The headline there is: "DC Miller got
BTFO", which means "blown the fuck out",
does it not?
A. This was a term that Ms Havas was
extremely fond of and I was turning that back
on -Q. Does it mean that? Does it mean it?
A. Yes, I think it does, yes.
Q. Thank you. This is you linking to your
open letter about your withdrawal from the
Athens Biennale. Yes?
A. Yes.
Q. You have also put into the bio of Mr
Miller's own handle "loser".
A. Yes, I think that's -Q. You are baiting him.
A. No, this comes after an extended amount
of harassment from the first claimant and Ms
Havas and their milieu, I am constantly being
bombarded. The first claimant has made the
tweets about Hitler, the confusing tweets, just
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my fault because, of course, I have given my
learned friend the disclosure which her side
had things to do, so we have not had the
chance to talk about the police officer.
MS EVANS: Well, I can answer that. There
is no problem with the police officer's
attendance either on Monday or Tuesday, but
now it looks like it is going to be Monday
anyway, I would hope.
MR WALKER: I have, I would say, about
25 minutes -MS EVANS: My re-examination will be
short. I know that the police officer is
available in the afternoon or the morning.
MRS JUSTICE COLLINS RICE: When had
he been scheduled for? Remind me.
MS EVANS: I think he was scheduled just
for Monday.
MRS JUSTICE COLLINS RICE: Just for
Monday.
MS EVANS: We did check last night so it is
an up-to-date piece of information.
MR WALKER: Can I suggest, if that is
where we are going, then Mr Turner senior is
being called - he can be called on Monday
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Miller & Power v Turner
morning and that would avoid the officer
having to go over lunch. At least he would
have the certainty of saying: "Monday
afternoon I will be done."
MS EVANS: I mean, we will decide which
order we are going to do it in. I do not think
it is a problem for the police officer, that is
the point.
MR WALKER: I am so sorry; I did not
mean any discourtesy.
MS EVANS: No, no, it is fine, but I think he
is flexible.
MRS JUSTICE COLLINS RICE: So just in
pure volume terms, we will easily complete
on Monday.
MS EVANS: It looks like that, for sure.
Nothing is for sure, but it looks like that, with
confidence.
MRS JUSTICE COLLINS RICE: I am
grateful. (To the witness) Thank you also
for a day's hard work in the witness box.
You have heard what we are nearly there but
not quite, so I very much regret that you will
need to remain on oath over the weekend. It
is not ideal; I am sorry about that, but we are
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(The hearing adjourned until 10.30 a.m. on,
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Monday, 09 October 2023)
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where we are and it is overwhelmingly
important that I have all of the evidence that I
need, and that is more important than
sticking very rigidly to the timetable. So that
is where we are.
We will rise and reassemble at 10.30 on
Monday with a view to that being the last day
of evidence.
MS EVANS: Yes.
MRS JUSTICE COLLINS RICE: Just
before I rise, I mention it only as a matter of
courtesy, but I handed down a judgment
earlier today which has quite a lot to say
about harassment and a very small amount to
say about defamation. I do not in any way
suggest that this is essential reading for this
trial but I merely mention it in case your
interest is piqued, and I would not have
wanted you to miss the opportunity.
MS EVANS: No. Thank you for the
indication. We will, of course -MRS JUSTICE COLLINS RICE: It is a very
long judgment, I am afraid, and most of it is
not about harassment, but some of it is. Very
good, Monday morning at 10.30.
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