If, as you have testified, the trip to Washington state occurred exactly as you described in your detailed testimony, one would expect that at least the most significant and important aspects would coincide in the respective testimony of you and Mr. Fisher, the owner-driver of the vehicle in question.

In such a case the Immigration authorities who obviously could not produce a witness to conclusively establish the event never occurred would be left with an array of essentially secondary evidence suggesting you in fact remained in Canada throughout the period in question.

In such a scenario, the best evidence rule wherein actual witnesses testified under oath and were cross-examined by the Immigration representative, would almost certainly have prevailed to establish that the trip did take place.

However, a comprehensive review of the testimony provided establishes that there are several significant discrepancies and inconsistencies with respect to important points of detail, the impact of which in my view undermines the trust of your evidence as a whole and the personal credibility of both yourself and Mr. Fisher.

In my view there are four areas where significant contradiction appear between Mr. Fisher's testimony and the other evidence before this inquiry. Mr. Fisher testified that you entered the United States in his vehicle at Blaine, Washington at approximately 10:15 p.m. and that you went to his residence and re-entered Canada at Douglas at 11:30 p.m.. He testified that when examined by a Canada Custom's official he did not show the officer either his passport nor yours. A review of your testimony clearly shows that on two occasions during this inquiry you were adamant that the Customs official at the Canadian border was shown both of your passports by Mr. Fisher.

Secondly, Mr. Fisher testified that the two of you proceeded into Canada and met a car on the side of the highway where Mr. Fisher dropped you off and then returned immediately to the United States. You testified that you met Sandra Koppe as described by Mr. Fisher and that Mr. Fisher and yourself followed her to the Koppe residence a short distance away.

Third, Mr. Fisher testified that he returned to the United States at the Blaine crossing at approximately 12:00 midnight on October 30, 1992. He testified he drove straight to his residence and thereafter did not leave. He stated that no one else had access to his car. The United States Immigration Service printout, TECS II, (Exhibit C-13) shows Mr. Fisher's car entering the United States at Blaine at 0311 hours on October 31, 1992, some three hours later than he testified to. This is significant because we are now talking of not merely a negative query but rather a positive record of an entry at a time at which Mr. Fisher cannot account for.

The fourth contradiction is contained in Mr. Fisher's affidavit. He testified that he dropped you off on the highway near Vancouver and returned to the United States around midnight. In his affidavit (P-7) he swore that he drove to the residence of Heinz Koppe and departed at 12:45 a.m.

As you can see Mr. Irving, your witness has not only contradicted your testimony but he has contradicted under oath his own sworn affidavit of November 5, 1992.

In addition, exhibit P-9, shows that four long distance telephone calls were made from Mr. Fisher's telephone number on October 30, 1992. He testified the first call made at 09:13 was made by Helga Ashton to her answering service in Vancouver. He was unaware who made the second call. The third call at 10:18 p.m. was made to the residence of Mr. Paul Norris in Toronto. The fourth call was made to the Koppe residence in Newton, British Columbia. Mr. Fisher testified that you made both of these calls.

I am at a loss as to how you could have telephoned Mr. Norris at 10:18 p.m. when you testified that you did not arrive at the Fisher residence until sometime around 10:45 p.m.. Mr. Fisher in his affidavit also states that you arrived at his home at the same time. Both of you have sworn that you were at the Blaine border crossing between 10:15 and 10:30 p.m. on October 30, 1992. How could you have made this phone call when you testified you were elsewhere. The telephone record (P-9) also shows a telephone call was placed to the Koppe residence at 10:43 p.m. This contradicts your oral testimony that you did not get an answer at the Koppe residence until 11:15 p.m.

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