Day 056 - 28 Nov 94 - Page 35


     
     1        environment.
     2
     3        Then we come to questions of sustainability, biodiversity,
     4        in so far as it can be identified where the timber for
     5        McDonald's comes from and what kinds of cutting and other
     6        forestry methods are practised in those areas.
     7
     8        So, that is what I would urge you to concentrate on,
     9        because there is no way that my judgment is going to go
    10        into all the detail which Mr. Mallinson sets out on the one
    11        hand and Mr. Hopkins sets out on the other as to forestry
    12        practices and facts and figures, save in so far as they
    13        bear on McDonald's and bear on the issues in this case.
    14        Personally, I find forestry a very interesting subject.
    15        There was a programme on trees on television last week.
    16        I taped it on video and I look forward to finding time to
    17        watch it.  But that is not what the case is about.
    18
    19        You know I do not want to cut you down just for the sake of
    20        it.  I have let you go on because my experience has been
    21        that if I interrupt your scheme of questions you may
    22        sometimes lose your route, but I am going to break off now
    23        until 2 o'clock.  I would be very grateful if you focus on
    24        what relates to McDonald's.
    25
    26        I mean, one way of structuring your cross-examination might
    27        be to look, first of all, at what sort of areas we are
    28        concerned with so far as McDonald's is concerned and where
    29        and how, and then bring in facts and figures as to what, if
    30        any, effect that has adverse to the environment of
    31        significance.
    32
    33   MR. MORRIS:  I do not mind doing it that way.
    34
    35   MR. JUSTICE BELL:  I do not want to throw you off your scheme,
    36        but can you see then, if it were at the end of the day that
    37        Mr. Kouchoukos' calculation was right and Mr. Mallinson's
    38        calculation was right, it might be thought that that is a
    39        very different kettle of fish to 800 square miles; if they
    40        are wrong, we have to look at the sorts of areas we are
    41        involved with and see what the effect of that is.  This is
    42        not a postmortem into forestry practices, period.  That
    43        only comes in when we see what McDonald's are responsible
    44        for.
    45
    46   MR. MORRIS:  Yes.  I mean, the problem is that we have the
    47        evidence which has been taken as read which is quite a
    48        considerable volume of material which, obviously, we are
    49        not happy with and we feel we need to challenge.  I think
    50        this is a problem with what has happened.  It is OK as 
    51        taking things as read in order to ensure that things that 
    52        are important, you know, that may have been mistakenly 
    53        missed out possibly in examination are there on the record,
    54        but it is another thing taking a 30 page statement as read
    55        and then -- obviously, I have had no guidance from you
    56        until I start on what the issues -----
    57
    58   MR. JUSTICE BELL:  I take that point.  For better or worse, you
    59        are faced with a statement of Mr. Mallinson which does
    60        actually contain all these figures.  I accept that, but by

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