Day 070 - 20 Dec 94 - Page 11
1 80 tonnes are concerned, what are you suggesting should be
2 available and discovered in relation to that?
3
4 Let me get you going in this way: there is a distinction
5 (or may be), which may be important, between beef from
6 rainforest countries and rainforest areas of rainforest
7 countries, particularly in relation to Brazil. So, I can
8 see that you might suggest that any documentation in the
9 power, custody or control of the Plaintiffs which related
10 to where the 80 tonnes came from -- sticking to the 80
11 tonnes for a moment -- that might be a complete blind
12 alley, because you might find you have got the answer that
13 the document only goes back so far or that the Plaintiffs
14 have no or limited documentation. That might be the first
15 area.
16
17 There was the map. I think that may not be related to the
18 80 tonnes, but it may come in there. I would not have
19 thought there was any difficulty about that, because you
20 can be pretty confident that Mr. Rampton is as keen to see
21 any map in relation to Brazil, Costa Rica or Guatemala as
22 you are.
23
24 MR. RAMPTON: My Lord, can I say that I have absolutely no
25 inhibition about making any discovery that assists your
26 Lordship in making a decision in this case. I am wholly
27 confident that the discovery which I am able to find is
28 going to help the Plaintiffs and not the Defendants.
29
30 I know a little bit about the map from what
31 Dr. Gomez Gonzalez said about it in evidence. I know,
32 because he said so, it is in the hand of the Brazilian
33 supplier, Braslo. It is not a Plaintiffs' document.
34 I know that it is large document. I know it has pins in
35 it, because he said so. I do not know whether it can be
36 transported to England for a trial. I do not know whether
37 a satisfactory photograph can be taken of it. If Braslo
38 will permit McDonald's to do one or other of those things,
39 then we will try and see that it is done.
40
41 As your Lordship has observed, what matters is not whether
42 beef came from Brazil, but where in that vast country it
43 came from. If we have any documents of McDonald's relating
44 to that question, then, naturally, we will disclose them.
45
46 MR. JUSTICE BELL: What I am inviting you to do is to be fairly
47 specific about what sort of documentation you think there
48 may be which is relevant to an issue in the case. I do
49 not, with respect, think it is sufficient to say, "We are
50 entitled to discovery generally in relation to the Brazil
51 issue." That will, quite rightly, be interpreted by those
52 who represent McDonald's as discovery in relation to any
53 relevant Brazil issue, because they are entitled to make a
54 judgment -- indeed, they have got to make a judgment -- as
55 to what about Brazil is relevant to an issue in the case, a
56 true issue in the case.
57
58 MR. MORRIS: The only difficulty I am under is that I cannot
59 think on my feet. If we are making a formal application
60 now for specific documents, I would like to do a list over
