Day 098 - 07 Mar 95 - Page 69
1 you are not happy with it, you have your usual procedural
2 course which you may take. That is my ruling. It is on
3 page 14 which makes it quite clear I have taken Dr. Hans
4 Schum's statements into account. You are rearguing it.
5 That I have allowed you to do to a certain extent unless
6 I had missed something which you did not bring to my
7 attention in the course of the earlier argument. If there
8 is anything apart from Dr. Hans Schum's statements which
9 you rely upon as a worthwhile indication that McDonald's
10 have used beef from cattle fed on soya bean which has come
11 from Brazil, please direct me to it. I will give a short
12 ruling and you can come back to it again if you want, a
13 short further ruling, Mr. Morris.
14
15 MR. MORRIS: I do not understand, with respect, because if
16 something was happening in 1989 that is not happening now
17 or that we cannot prove something now, whatever, it will
18 still be relevant to the case, I would have thought. This
19 statement was made on 12th April 1989. I think the
20 confusion is that he draws conclusions from the facts which
21 he has admitted which, I submit, prove our case on that
22 point.
23
24 In paragraph 9 he draws some conclusions which, because of
25 the wording, may seem that he says, what he basically
26 says: "Oh, well, it is all irrelevant anyway", but he does
27 not deny the facts. The facts are that the Brazilian soya
28 was being used by the McDonald's cattle in 1984 at that
29 time. Then in point 9 he goes on to say: "Well, the soya
30 is a by-product of something else; the cattle would be
31 getting it because they would be dairy cattle and,
32 therefore, it would be for milk production", but he does
33 not deny the facts that their cattle were consuming
34 Brazilian soya.
35
36 MR. JUSTICE BELL: He does not say that at all. He does not say
37 that in tab 3. He says: "A certain amount", and he gives
38 some figures, "of Brazilian soya bean meal is consumed by
39 cattle in Germany".
40
41 MR. MORRIS: But we cannot say a particular individual cow has
42 got, you know, that much soya. We have to say that if the
43 general -----
44
45 MR. JUSTICE BELL: Is Professor Dr. Hans Schum attending?
46
47 MR. RAMPTON: Yes, he is.
48
49 MR. JUSTICE BELL: Yes. I am going to give a short further
50 ruling. You listen carefully to it, Mr. Morris. You can
51 sit down, please.
52
53 (For ruling please see separate transcript)
54
55 MR. JUSTICE BELL: Was there anything else which you want to
56 raise before Mr. Kenny begins to give evidence?
57
58 MR. RAMPTON: There is just one thing I would like to raise
59 while we are on Brazil, now that we are just leaving
60 Brazilian soya: Mr. Morris said to your Lordship, recorded
