THE LOEWEN GROUP, INC. and RAYMOND L. LOEWEN, v. THE ...

Indeed, it was Loewen who had its witness (Peter Hyndman) explain to the jury, with
regard to O'Keefe's advertisements, that "many Canadian lives were lost in the bloody and heroic
defense of the British Crown Colony of Hong Kong by the Canadians against the Japanese." Tr.
4486. It is thus nothing short of astonishing that claimants should now complain, for example,
that Mr. O'Keefe, on cross-examination by Loewen about the advertising campaign, made
references to Loewen's nationality. See Joint Reply at 13. 8
2. The Jury Foreman Did Not "Hate" Canadians And, By Loewen's Own
Account, Had A "Good Grasp Of The Entirety Of The Trial"
One of the more alarming aspects of the Joint Reply is claimants' treatment of the fact
that the foreman of the O'Keefe jury was himself Canadian by birth and a veteran of the Royal
Canadian Air Force. Rather than accept the unavoidable conclusion that the jury's verdict could
not have been motivated by an "anti-Canadian" bias, claimants now allege that the foreman
actually "hated" Canadians and reached his verdict out of "contempt . . . for his ex-homeland."
See Joint Reply at 9-10.
Appended hereto at Tab D is a declaration from the jury foreman, Glenn Millen, which
conclusively demonstrates that claimants' allegation is as wrong as it is, in Mr. Millen's words,
8 Many of the other references of which claimants complain are likewise no different from
Loewen's own statements to the jury. For example, Loewen complains that Mr. Gary mentioned
Loewen's nationality during voir dire, but Loewen's own questionnaire (which was submitted to
the jury pool long before Mr. Gary uttered his first words to the jury) asked such questions as
"Do you believe that a foreign corporation with its corporation headquarters being located in
Canada and Kentucky is entitled to a fair trial the same as an individual in our courts of law?"
U.S. App. at 1015 (emphasis added). See also, e.g., U.S. App. at 1020. Similarly, claimants
criticize Mr. Gary's description of lawsuits as "the American way" of resolving disputes, but
Loewen's counsel (Edward Blackmon) also felt it important to tell the jury that "we [Americans]
have one of the best systems in the world to settle disputes" and that, "under our way of justice
and settling disputes in this country, . . . [w]e don't go fighting each other or start wars. [People]
file lawsuits if there's a dispute." A404.
10