Day 070 - 20 Dec 94 - Page 17


     
     1        "As far as I know, heard or discuss, we have never even
     2        mentioned that we are looking at moving product from Brazil
     3        into any other country."
     4
     5   MR. JUSTICE BELL:  Can I pose the rhetorical question:  how does
     6        that give you a whiff of any exports from Brazil of beef to
     7        McDonald's?  Add to it that you have discovered that,
     8        contrary to what he would say, there have been 80 tonnes in
     9        four lots of 20, how does that give you a whiff of any
    10        significant export of beef from Brazil to McDonald's
    11        anywhere else in the world?
    12
    13   MR. MORRIS:  It is probably quite clear that we do not believe
    14        McDonald's policies either existed in reality, at least
    15        until 1989, on this subject, and, if they did exist, they
    16        were just purely public relation stunts.
    17
    18        Frankly, the chance discovery of the Brazil consignments
    19        only confirms what we have understood to be the case.  It
    20        is clear that if that policy, in reality, did not exist,
    21        then there would have been other consignments.  Otherwise,
    22        I do not believe -- it is clear that there were other
    23        consignments, there must have been other consignments,
    24        possibly to this country but also other countries from
    25        Brazil, which has the same effect as if Costa Rica is
    26        exporting to the USA.  If another country with rainforest
    27        is exporting to other countries, it is putting pressure on
    28        the rainforest in that country, because of the large scale
    29        of production for exports, which -- and we have experts
    30        being called on that -- everybody is agreed that is the
    31        overproduction not for local consumption that has led to
    32        the destruction of rainforests by cattle ranching.
    33
    34   MR. JUSTICE BELL:  Is there anything further you want to say on
    35        that?
    36
    37   MR. MORRIS:  I think, a legal point that crossed my mind was
    38        that, I believe it has been said earlier on in this case,
    39        if you accuse somebody in a leaflet of murdering, you know,
    40        Mr. Smith and you are sued for libel, but you discover that
    41        they have actually murdered Mr. Jones, then, in effect,
    42        there is no defamation.
    43
    44        The point we are saying is that the export of beef from
    45        rainforest countries -- which is part of our case since it
    46        was first pleaded -- it is just as relevant whether it goes
    47        to the US or goes to any other country.  Even if the
    48        leaflet does not specify exports to the US, it does talk
    49        about cash crops trade in the Third World; and I think
    50        general trade is relevant. 
    51 
    52   MS. STEEL:   There is one other thing.  The quantity used, 
    53        revealed in those documents, was 80 tonnes, but in terms of
    54        the amount of cattle used, it would be quite a considerable
    55        number because, as Dr. Gomez Gonzalez said, they only used
    56        10 per cent of the cattle meat.
    57
    58   MR. JUSTICE BELL:  Is there anything more you want to say on
    59        that before we move on to the next topic?  I think it is
    60        more convenient if I give rulings as the issues come up.

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