Not Clear Earlier, Sarah Tells Trial

Jack Keating, Staff Reporter Edmonton Journal

Sarah McLachlan's memory of musical collaboration and songwriting credits was called into question in B.C. Supreme Court yesterday.

Under cross-examination by lawyer Jonathan Simkin for a second consecutive day, the singer was again caught in contradictions and inconsistencies over what transpired when she worked with musician Darryl Neudorf and others.

Simkin commented sarcastically on her "remarkable recovery of memory" at the trial since a 1996 examination for discovery (pretrial questioning under oath).

"I was not clear on a lot of things at discovery," McLachlan said of discrepancies.

Neudorf, 34, a Vancouver producer and former drummer with the band 54-40, is suing for songwriting credit on four songs on the 1988 CD Touch -- Steaming, Vox, Sad Clown and Strange World.

He also is suing for copyright infringement and a share of royalties and co-production credit on Touch, McLachlan's debut album, which has sold more than 625,000 copies.

At one point Simkin suggested McLachlan "fabricated" her testimony for the purpose of the lawsuit.

"I would very much disagree with that," McLachlan responded.

"I remembered a lot more after discovery and especially gearing up for this trial," McLachlan told Justice Bruce Cohen, who is hearing the civil suit without a jury. "I had been busy living my life. I now regret not taking it (examination for discovery) more seriously.

"I've never been taken to task for the words I've used," McLachlan told the court. "I've not been involved in word games and mind games. This is a new experience for me."

She testified that she, Neudorf and Darren Phillips worked together on the arranging of Steaming.

In a sworn document in September, 1996, she said she did the arranging on Steaming by herself.

"I'm not really sure why I said that, to be quite honest," McLachlan said of the contradiciton. "In this specific instance it is an incorrect answer, I will admit to that."

Asked about Neudorf's songwriting contributions, McLachlan said: "He (Neudorf) often made suggestions about song writing but . . . I did not accept any ideas that warranted songwriting credit."