Day 242 - 29 Apr 96 - Page 30
1 ground unless you are going to face a counter notice ---
2
3 MR. MORRIS: Right.
4
5 MR. JUSTICE BELL: -- to call her. The answer is -- let me go
6 back to this first. I see. There you are. I will put
7 that in my bundle and I will hear what anyone wants to say
8 about it in due course
9
10 MR. JUSTICE BELL: It is the penultimate sentence of her
11 statement.
12
13 MR. MORRIS: Yes.
14
15 MR. JUSTICE BELL: What does that add which is of any
16 significance, apart from what Mr. Rose has said
17 Miss Bensilum said?
18
19 MR. MORRIS: It may be thought not to add anything more of
20 significance, but it was more underlining the point which
21 we are saying, that McDonald's supplies come mainly from
22 areas and farms deforested in the 50s and later. In fact,
23 the letter of -----
24
25 MR. JUSTICE BELL: She does not say that in that sentence.
26
27 MR. MORRIS: She says, "Most of the farms supplying McDonald's
28 were established in the 1950s".
29
30 MR. JUSTICE BELL: She appears to say that all of them were
31 established between the 1920 and 1960, and most of them
32 were being established in the 1950s.
33
34 MR. MORRIS: Yes. Our argument is that deforestation will
35 continue on established ranches in any event.
36
37 MR. JUSTICE BELL: That may be, but that sentence -- I mean, you
38 must do what you want to do so far as notices are
39 concerned, but you really have to ask yourself whether that
40 sentence adds anything to what Mr. Rose has said she says,
41 and she has not been called to contradict it.
42
43 MR. MORRIS: Right, OK. We will probably leave it then.
44
45 MR. RAMPTON: My Lord, if the Defendants were to revive their
46 interest in asking leave to put a Civil Evidence Act notice
47 on Miss Bensilum's statement, or any part of it, I would on
48 this rare occasion ask for formal notice, because I would
49 then earnestly have to consider serving a counter notice.
50 That having been said, I would then have to consider
51 inviting your Lordship to refuse leave at this stage in the
52 case.
53
54 MR. JUSTICE BELL: You must decide what, if anything, you -----
55
56 MR. RAMPTON: But I would ask for a proper notice in this case.
57
58 MR. JUSTICE BELL: If you do put a notice, it must follow the
59 proper form which is not at all complicated. You have
60 plenty of specimens from Barlow Lyde & Gilbert, stating
