Day 287 - 25 Oct 96 - Page 07


     
     1   MR. MORRIS:   I will accept that, yes.
     2
     3   MR. JUSTICE BELL:   Yes.
     4
     5   MR. MORRIS:   Obviously, I will not repeat the general case for
     6        Guatemala, that there would exist for Brazil and Costa Rica
     7        and global all the various levels of responsibility of
     8        McDonald's for deforestation and that deforestation would
     9        be continuing.
    10
    11   MR. JUSTICE BELL:   Yes.
    12
    13   MR. MORRIS:   Progressive deforestation.
    14
    15   MR. JUSTICE BELL:   Yes.
    16
    17   MR. MORRIS:   And obviously the well-appreciated -- well, expert
    18        opinion that the forested areas, and we are talking here
    19        about tropical rainforest as defined by Dr. Cotter, were
    20        outside of those areas.  There would obviously be spurs and
    21        areas of similar vegetation, but probably not in such a
    22        solid substantial block and therefore do not appear on the
    23        map.
    24
    25   MR. JUSTICE BELL:   Yes.
    26
    27   MR. MORRIS:   For example, when we look at the Cotter map, as
    28        regards Costa Rica, he does not include the areas that are
    29        defined as rainforest by Tozey, in the northern and
    30        northeastern parts or border of Guanacaste, maybe because
    31        the size is too small to notice on his very small scale
    32        map.  Those areas, yes.  Those areas would be accepted by
    33        everybody as rainforest under any definition.  But he also
    34        obviously does not include other tropical forests, because
    35        in Costa Rica on that same map he does not note the
    36        deforestation that has occurred in Guanacaste or Nicoya,
    37        which we have heard evidence about.
    38
    39        So with all those what we might call drastic limitations
    40        that Dr. Cotter set himself based upon his work with Dr.
    41        Nations, we can still say that McDonald's in Guatemala is
    42        clearly using beef reared on recently deforested
    43        ex-rainforest land, recent in terms of since the '40s for
    44        certain.  And, of course, bearing in mind all the
    45        limitations of the Cotter map, we would say that that
    46        extensiveness and progressive deforestation is not taken
    47        into consideration.  The deforestation occurred between
    48        1940 and 1982 according to the Cotter map, up to 1982.
    49
    50        And I am going to say that all this is not surprising, 
    51        because the statement from Rolando Roblez ----- 
    52 
    53   MR. JUSTICE BELL:   When you said the dotted was surviving
    54        rainforest, I thought you said in 1992?
    55
    56   MR. MORRIS:   No.
    57
    58   MR. JUSTICE BELL:  Did you say 1982?
    59
    60   MR. MORRIS:   1982.  I am basing it on the Cotter map and his

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