‘Guardian’ of the Truth? (DDL Blog using FSLA in action with Dr. Who allegation)

DDL use of FSLA in Dr. Who worker case

According to a BBC News article published on Monday, 10th March 2025, Noel Clarke is suing Guardian News and Media (GNM) for libel over a series of articles from 2021 and 2022 that included allegations of sexually inappropriate behaviour. 

During the cross examination, the Guardian’s barrister, Gavin Millar KC, asked Mr Clarke about an allegation that while working on Doctor Who, he made an inappropriate sexual suggestion to a female costume assistant to which he replied, ‘I don’t remember that incident, I don’t remember the woman in question. So, I say it didn’t happen’. 

Mr Millar responded by asking, ‘It didn’t happen, or you don’t remember it?’ 

Mr Clarke replied, ‘It didn’t happen’. 

Mr Clarke’s priority is that he doesn’t remember ‘that incident’ followed by ‘that woman in question’. 

It would be helpful to know how the question was phrased. If Clarke was asked, ‘Do you remember?’ This would lend credibility to his answer as he is speaking directly to the question he was asked.  

If not, and he was asked, ‘what happened?’, we wouldn’t expect him to say, ‘I don’t remember,’ in an open statement (where he is free to say what he likes). 

If someone doesn’t remember something it’s unexpected for them to say, ‘I don’t remember’ as in essence, they remember that they don’t remember. Often it is said to conceal information. When asked, ‘what happened?’ we can only speak to just that.

We are expected to say what we remember and anything else, we omit.  

Saying, ‘I don’t remember’ can negate any potential cognitive load by providing a truthful answer, whilst withholding any potential incriminating information. A person can still be deceptive whilst giving a completely truthful answer. It demonstrates a lack of conviction. 

The follow up question whilst seeking to clarify Mr Clarke’s meaning, limits his response giving him leeway. Here he simply parrots what was said, ‘It didn’t happen.’ 

Better to say, ‘Tell me what you do remember.’ 

Based on Mr Clarkes language, ‘It didn’t happen because he doesn’t remember it.’ Which is not to say, ‘I didn’t make any inappropriate sexual suggestions. 

Whether he remembers it or not, nothing is stopping him from saying that he is not guilty of the allegations. A lack of memory does not mean that a specific event did not happen. 

Article Reference: https://www.bbc.co.uk/news/articles/c74kje402klo 

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