Day 068 - 16 Dec 94 - Page 39


     
     1        evidence is, whatever the position may be, they do not use
     2        frozen beef in the US, for the practical reasons which he
     3        has given.
     4
     5   MR. MORRIS:  Is that your evidence?
     6        A.  That is correct.  An economic -- well, you have
     7        mentioned.
     8
     9   Q.   Can you explain the difference between lean, boneless
    10        beef -- sorry, 75 to 90 and 50 per cent; are they mixed up
    11        when you make the patty?
    12        A.  No.  That is a description by which the meat is sold.
    13        The meat is sold on the value of the lean portion.  So when
    14        it says 75 to 95 per cent, it could contain a variation.
    15        When you buy it, it is classified in that range.
    16
    17   Q.   Is that the better quality, the one with 75 to 95 per cent?
    18        A.  Not necessarily.  It is just the type of cut that we
    19        use, a type of meat that we use for our purposes.
    20
    21   Q.   Do you know what percentage of 75 to 95 per cent is bought,
    22        as opposed to 50 per cent, roughly; is the majority that
    23        you buy, or that your suppliers buy, 50 per cent, or is it
    24        75 to 95 per cent?
    25        A.  If I have understood your question correctly, are you
    26        asking me what is the proportion of those?
    27
    28   Q.   Yes -- those different types of beef sources.
    29        A.  If I give you that, if I have to give you that
    30        information, you will have our confidential information
    31        which will become public to the public, and which you will
    32        have a recipe, basically, to make our patties.
    33
    34   MR. MORRIS:   I do not want to know what you mix in with which
    35        patties.  I am saying that when you buy your
    36        50 million  -----
    37
    38   MR. RAMPTON:  My Lord, I am sorry.  If the figures are given for
    39        purchase, naturally, they might be expected to reflect it
    40        in the composition of the patty.  Unless Mr. Morris can
    41        demonstrate some reason why Mr. Gomez Gonzalez should give
    42        the proportions, then I would register an objection to his
    43        answering this question for the reason that he has given.
    44
    45   MR. JUSTICE BELL:  I think you can probably approach it another
    46        way, without him having to give the confidential figures.
    47
    48   MR. MORRIS:  I do not think it can be more confidential than the
    49        specification which we have in front of us.
    50 
    51   MR. RAMPTON:  No, my Lord.  Mr. Morris does not understand.  We 
    52        necessarily disclose, because English law compels it, even 
    53        confidential information if it is relevant.  If it is not
    54        relevant, then we do not.
    55
    56   MR. JUSTICE BELL:  I think you can get what you want
    57        without -----
    58
    59   MR. MORRIS:  I just think that is a bogus challenge.  But in any
    60        case, Mr. Cesca says in his statement -- if I can read it

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