Witnesses for the Prosecution
Diana Mendl

[Diana Mendl was the third witness called by the Crown. She testified on February 4,
1988.]
Diana Mendl was a supervisor of the radio program archives and music library for the
Canadian Broadcasting Corporation (CBC). The archive maintained tapes of
programs which went on the air, firstly, as a record for the history of Canada as
portrayed by the CBC and, secondly, as a resource for reuse in other programs such as
current affairs news programming. (8-1615-16)
On January 7, 1988, in response to a search warrant, Mendl provided Sgt. John Luby
with two duplicate tapes of the Christof Friedrich item broadcast on "As It Happens"
on February 27, 1975. The cassette copies were taken from the archives master tape
number 750227-2 recorded during the broadcast. (8-1617)
On cross-examination, Mendl stated that the CBC was very reluctant to give up
master tapes. The tape segment introduced in court was a tape of the broadcast itself
and not necessarily a tape of the entire interview which took place. She admitted that
it was "possible" that the interview had been edited and cut for the radio program. The
only persons who would be privy to the circumstances of that particular interview
would be Barbara Frum, the interviewee, any technicians present and the likely
producer of the show, Mark Starowicz. (8-1619, 1620; tape of the "As It Happens"
segment filed as Exhibit 5.)