Day 292 - 01 Nov 96 - Page 48


     
     1
     2   MR. MORRIS:   I think, with -----
     3
     4   MR. RAMPTON:   I shall be saying the same thing, have no fear.
     5
     6   MR. MORRIS:   He came out with some very interesting points,
     7        I think, that might go down in history.
     8
     9   MR JUSTICE BELL:  You might say Mr. Oakley in some respects was
    10        the face of truth.  Anyway, there we are.
    11
    12   MR. MORRIS:   Well, yes.  Anyway, on that page, page 37, he says
    13        in his statement, I think it is from his statement,
    14        "Because the United Kingdom has the only Polystyrene
    15        recycling plant in Europe this enables us to use our
    16        preferred packaging Polystyrene and to recycle it.  This
    17        was a pilot scheme for a number of years only involving
    18        five plants".  So what he is saying, he is trying to
    19        justify the national use of Polystyrene on the basis that
    20        they are having a pilot scheme, which is completely
    21        ridiculous.  He is almost saying, you know, 'Shall we have
    22        Polystyrene, shall we have paper, Oh, we have got a
    23        recycling plant in so and so, so we will go for
    24        Polystyrene', which is ridiculous, it was only opened after
    25        they used Polystyrene, so it is ridiculous.
    26
    27        Page 37, CFCs in refrigeration in original plants built
    28        before 1989. "CFCs in refrigeration does not only involve
    29        release when they are destroyed or the manufacturer of
    30        those plants, but also when they are topped up every
    31        year".  That was not actually dealt with at that stage.
    32        "It is also used in transportation."  He said on page 39,
    33        line 30, "Edicts re no CFCs in late 1988."  On this subject
    34        -- I have not got the reference -- there is a document
    35        called 'McDonald's Earth Effort' from McDonald's
    36        Corporation in April 1994.  I have not got the reference
    37        for it, I am sorry, but it is a Defendants document.
    38        I have got on A 3 paper, folded over.  It must have been
    39        recently disclosed during the trial.
    40
    41        It says, "Our refrigeration equipment suppliers will
    42        convert from CFC to HCFC refrigerants", ie not CFC free,
    43        "by the end of 1994, a year earlier than the government
    44        mandated Clean Air Act deadline to eliminate CFC
    45        contributions to ozone depletion."  Well, that will not
    46        eliminate HCFC contributions to ozone depletion.  And that
    47        is a US document.  There is something else about that
    48        document.  (Pause)
    49
    50        The next point is about the refrigeration figures for CFCs
    51        as, something or other... Acting volumes... Great
    52        percentage of packaging volumes in CFCs...  41, the USEDF
    53        report ignored in the UK.  A whole exchange about him not
    54        seeing the report.  You would have thought that if a
    55        corporation had a reputation in this country, as they claim
    56        they have in this case, in fact if they had any basis in
    57        this country whatsoever, you would expect them to share
    58        documents of importance with their UK subsidiary.  They did
    59        not seem that way.
    60

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