Day 287 - 25 Oct 96 - Page 19


     
     1        only speculate.  So, they are not insignificant, even in
     2        Germany.
     3
     4        His conclusion that there is no causal relationship between
     5        the production and consumption of hamburgers, on the one
     6        hand, and the expansion areas under cultivation for soya
     7        beans in the world or in Brazil, on the other hand, is the
     8        conclusion he was told, we believe, obviously told to make,
     9        and it does not really bear any relation with the
    10        information that he provides.  So, that is an expert
    11        opinion which there is no evidence that he is entitled to
    12        make.  While it is clear that he is an expert on the German
    13        feed industry, there is no evidence of any kind that he
    14        knows anything about the effect that would have in Brazil.
    15        Anyway, people can draw their own conclusions from the
    16        facts that we accept in there.  He concentrates on the
    17        1980s, but this case has concentrated on the 1980s.  So,
    18        whatever has happened today in Germany on this subject is
    19        immaterial.
    20
    21        In fact, the statement of Douglas Gulang that, suddenly,
    22        McDonald's cattle in Germany seem to be eating all
    23        Argentinian soya rather than Brazilian soya, is clearly
    24        contradicted by what Mr. Cesca said about them all being
    25        typical.  So, it is just bizarre, if you ask me.
    26
    27        If I can just say in conclusion that although court time
    28        has not really been used up on this issue, very much court
    29        time, it is just as well, because we would say that
    30        McDonald's made admission before the trial even started on
    31        21st April 1994, pages 44 and 45, where Mr. Rampton said
    32        that Douglas Gulang "...has traced back the whole of what
    33        might be called the soya bean chain from its ending up
    34        point, which is McDonald's in Germany, right the way back
    35        down to the original producers in Brazil in one sense"; and
    36        that they were, I think, at that time preparing a statement
    37        on this subject.  Then he says: "The result of it all, when
    38        we get a copy of his statement, the result of it all is
    39        that McDonald's cows" -- and I note the phrase "McDonald's
    40        cows" -- "which are not grown for beef anyway but for meal,
    41        if they are lucky, get about two percent of their food in
    42        the form of soya meal."
    43
    44        I think that one reason that the Plaintiffs were bringing
    45        statements to court was that they were doing that as an
    46        alternative to having to provide discovery on the subject.
    47        It was put forward as an alternative to discovery, which is
    48        the application which was being made.
    49
    50        Finally, if we can just remind the court that Mr. Nicholson 
    51        gave answers to interrogatories in May 1994. 
    52        Question: "Did not McDonald's in Germany or any other 
    53        branch....."
    54
    55   MR. JUSTICE BELL:  Which question is that?
    56
    57   MR. MORRIS:   Question X -- 10; it is a Roman 10.
    58
    59   MR. JUSTICE BELL:   Yes.
    60

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