Day 284 - 22 Oct 96 - Page 14
1 fact, of course, it is not true but the point being that
2 they take responsibility when it is in their favour for
3 what happens in the supply chain to their business and when
4 it is not in their favour --
5
6 MR. JUSTICE BELL: I do not want to stop you but you made that
7 point yesterday.
8
9 MR. MORRIS: OK.
10
11 MR JUSTICE BELL: I hope I have taken it on board. Let me just
12 recap so I can see where we have got to. Because you
13 started off on meaning, it seems to me that it is
14 convenient taking economic imperialism and destruction of
15 the rainforest together. We have got this far, you say,
16 that there is a general sting so far as economic
17 imperialism is concerned, that McDonald's are responsible
18 for starvation in the third world. Then -----
19
20 MR. MORRIS: As part of a -----
21
22 THE JUDGE: Do not worry how, yet. Then we have to see what
23 statements are made in support of that, and you were about
24 to mention one there. But we have also got to look at the
25 leaflet to see what ones are expressly stated, it seems to
26 me, and also what the cumulative effect is, which you were
27 about to talk about. Then we have the same, do we not,
28 with rainforest; the general sting is that they are guilty
29 of destruction of the rainforest. McDonald's go on to
30 plead there 'by causing wanton damage to the environment'
31 and query whether there could be any disagreement with
32 that. It seems to me they probably go hand in glove. If
33 you want to make a comment on that, do.
34
35 Then we have to look at what specific charges are made in
36 the leaflet in support of that general sting and what will
37 interest me -- and I just say this and then we can have the
38 break -- is the things which McDonald's say the leaflet
39 means in addition to the general sting of being
40 responsible, or the way they plead it is to say blame for
41 starvation in the third world, is by saying that the
42 specific allegations in support of that are purchasing
43 large tracts of land in poor countries, and I know you
44 argue about that, you say it does not mean purchase of
45 large tracts of land it means purchase of investments in
46 the form of beef and cattle. So I have an issue there
47 between you. Causing the eviction of small farmers that
48 live there growing food for their own people, McDonald's
49 say. I would have thought you do not probably disagree
50 with that.
51
52 MR. MORRIS: That is a result of the process, yes.
53
54 MR. JUSTICE BELL: It is stated in the leaflet. It is part of
55 the allegedly defamatory meaning. Growing food for their
56 own people. That is what they say so far as responsibility
57 for starvation in the third world is concerned. So it is
58 purchasing large tracts of land -- just listen for a moment
59 -- and restricting the small farmers that live there
60 growing their own food. So they cannot grow their own food
