Day 149 - 06 Jul 95 - Page 10


     
     1        I am prepared to assume, until I am told differently, is
     2        the McDonald's Corporation in Germany, which is in German,
     3        and a translation of that, which I will just re-read.
     4        (Pause)  Then I have a long letter which is in German, and
     5        which I do not see a translation of, from Franz Wertz.
     6        Then I have a supplement to the declaration of
     7        27th July, 1993.  Whose is that?
     8
     9   MR. MORRIS:  Sorry, what are we looking at now?
    10
    11   MR. JUSTICE BELL:  The very last page.
    12
    13   MR. MORRIS:  Is that George Hanniker?
    14
    15   MR. JUSTICE BELL:  That is what I am asking you.  I cannot see
    16        any name on it at the moment.  It has a "63" written in the
    17        bottom right-hand corner.
    18
    19   MR. MORRIS:  I do not know what that is.
    20
    21   MR. JUSTICE BELL:  It looks like this.  I will not read it.
    22
    23   MR. MORRIS:  That is the part of our witness Siegfried Pater.
    24        His statement will be in our witness statements, and I am
    25        going to refer to that in a minute.
    26
    27   MR. JUSTICE BELL:  You take your own course.
    28
    29   MR. MORRIS:  Yes.  As we have the Franz Wertz documents in front
    30        of us, it would be a good place to start.
    31
    32   MR. JUSTICE BELL:  I think you had better start from scratch,
    33        because I remember a fair bit about this, and tell me what
    34        you are trying to establish and what your object is again.
    35
    36   MR. MORRIS:  We have pleaded in our pleadings -- I do not know
    37        if it is necessary to go over it again -- basically, the
    38        situation of McDonald's use of soya in -- the cattle that
    39        have been fed with soya in Germany and the soya coming from
    40        Brazil.
    41
    42   MR. JUSTICE BELL:  Let me get that.
    43
    44   MR. MORRIS:  It is page 16.
    45
    46   MR. JUSTICE BELL:  I remember it, because I was looking at it in
    47        your relation to your proposed amendments 1 to 5.  Give me
    48        the reference?
    49
    50   MR. MORRIS:  It is page 16, I believe, of tab 1.  I presume this 
    51        is the up-to-date version.  As far as we can see, the 
    52        question is:  do we have a reasonable belief that this is 
    53        true?
    54
    55   MR. JUSTICE BELL:  No.  You have got past that, because that was
    56        in relation to whether a matter was pleaded at all ---
    57
    58   MR. MORRIS:  Yes.
    59
    60   MR. JUSTICE BELL:  -- and this is pleaded.

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