Day 078 - 26 Jan 95 - Page 48


     
     1        McDonald's defence to the public criticism about use of
     2        beef from ex-rainforest land has been:  "No, we do not use
     3        imported beef.  We are not responsible".  If that claim is
     4        shown to be a total sham (which I think it has been), then
     5        that, obviously, reflects on the truth of the rest of their
     6        claims.  So, I think it is relevant for that reason.
     7
     8   MR. JUSTICE BELL:  I think you have gone as far as you can with
     9        this witness on that.
    10
    11   MR. RAMPTON:  My Lord, may I say something at that juncture
    12        because it is all very well for Ms. Steel to make speeches
    13        about "total sham"; (a) I reject the proposition that there
    14        is any evidence in this court showing that to be so; (b)
    15        and perhaps more important, the Defendants continually lose
    16        sight (or perhaps do not, I do not know) of the fact that
    17        they have a positive case to make.  That applies not just
    18        to Costa Rica, Guatemala but also to Brazil.
    19
    20   MR. JUSTICE BELL:  I was not going to take issue with Ms. Steel
    21        as to the merits or otherwise of what she has said as to
    22        the relevance of it, but my point just is at the moment
    23        I think you have gone as far as you can down that line with
    24        Mr. Walker.
    25
    26   MS. STEEL:   Can I just say also actually, it is up to the
    27        Plaintiffs to put a positive case in respect of the
    28        counterclaim to show that they do not use any beef from
    29        rainforest land which I do not think that they have done so
    30        far.
    31
    32   MR. JUSTICE BELL:  We are just going back into argument.
    33        Everyone in court, including myself, has had something to
    34        say about that already, but that does not help with the
    35        cross-examination of Mr. Walker.  We are not listening to
    36        Mr. Walker in-chief now, he is being cross-examined.
    37
    38   MR. MORRIS:  Yes, I will just try to finish off the balance
    39        sheet beef and documents related to it.  I will do it in
    40        the order they are in, not in any sensible order  (To the
    41        witness):
    42        There was a statement in, the Customs & Excise said that an
    43        officer had to be in the store to check on the balance
    44        sheet beef to see if there was any difference in the weight
    45        of the hamburger when cooked as against cold.  Is there any
    46        significance in this?
    47        A.  Yes, balance sheet beef into manufacture has to have a
    48        yield of 66 per cent.  Balance sheet beef going a
    49        McDonald's hamburger after cooking has a yield far in
    50        excess of that.  That was all they had to check -- the 
    51        shrink. 
    52 
    53   Q.   What were their concerns?
    54        A.  It is just the law, what balance sheet beef must
    55        yield.  For every tonne of balance sheet that you receive,
    56        66 per cent of it must be cooked and passed to the
    57        customer, or a minimum of 66 per cent.
    58
    59   Q.   There was another statement in one of the letters from
    60        yourself to Bob Rhea, President of McDonald's at the time,

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