Day 098 - 07 Mar 95 - Page 68
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2 MR. JUSTICE BELL: I thought I said this in my Ruling.
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4 MR. RAMPTON: "Raiffeisen do not take any Brazilian soya meal"
5 and that is the end of it.
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7 MR. MORRIS: Hang on, what happens now maybe different to what
8 happened in 1989. However, this case relates to 1989 and
9 1990 and in the years immediately preceding those.
10 Therefore, the fact that because of public protests and
11 controversy they may have changed their policy in what soya
12 meal they now use, the point is his original statement in
13 1989 is pretty clear that the Brazilian soya was being used
14 for cattle in Bavaria where McDonald's get their cattle
15 from. So, I think that the documents in McDonald's
16 Germany's possession which they will have, I am convinced
17 because of the controversy of this in Germany which we can
18 show evidence from if needed -- in fact we have
19 correspondence of Franz Wirtz another one of our witnesses
20 who took part in that discussion, debate and controversy,
21 whatever.
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23 MR. JUSTICE BELL: If you have some evidence -- I have said said
24 already that I read both Dr. Schum's statements and if you
25 look at 14A in the approved transcript I say: "The
26 Plaintiffs have served statements by Professor Doctor Hans
27 Schum to the effect that a certain amount of soyabean meal
28 is used to feed cattle in Germany. That much is put in one
29 sentence the overall effect of tab 3 which you have just
30 referred to.
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32 MR. MORRIS: Yes.
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34 MR. JUSTICE BELL: In so far as Raiffeisen used soya bean meal
35 for its feed, it comes from the USA and Argentina, neither
36 of which are rainforest countries. That, trying to
37 condense it into one sentence, is the effect of tab 4, if
38 my recollection serves me right, which you have not yet
39 referred to.
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41 MR. MORRIS: Yes, but the point is that may be what the
42 situation is now when Mr. Schum is writing in 1994, but the
43 point is about the situation in 1989 which the same
44 person -----
45
46 MR. JUSTICE BELL: I give you the opportunity to refer me to any
47 other evidence which indicates that McDonald's in Germany
48 use meat which has come from cattle fed on soya bean meal
49 from Brazil.
50
51 MR. MORRIS: I am saying our position is that they were using
52 the soya -----
53
54 MR. JUSTICE BELL: I am against you on the information revealed
55 by Professor Dr. Hans Schum's statements.
56
57 MR. MORRIS: But he says it in the statements, that they use
58 Brazilian ----
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60 MR. JUSTICE BELL: You must accept my ruling. In due course, if
