Day 098 - 07 Mar 95 - Page 68


     
     1
     2   MR. JUSTICE BELL:  I thought I said this in my Ruling.
     3
     4   MR. RAMPTON:  "Raiffeisen do not take any Brazilian soya meal"
     5        and that is the end of it.
     6
     7   MR. MORRIS:  Hang on, what happens now maybe different to what
     8        happened in 1989.  However, this case relates to 1989 and
     9        1990 and in the years immediately preceding those.
    10        Therefore, the fact that because of public protests and
    11        controversy they may have changed their policy in what soya
    12        meal they now use, the point is his original statement in
    13        1989 is pretty clear that the Brazilian soya was being used
    14        for cattle in Bavaria where McDonald's get their cattle
    15        from.  So, I think that the documents in McDonald's
    16        Germany's possession which they will have, I am convinced
    17        because of the controversy of this in Germany which we can
    18        show evidence from if needed -- in fact we have
    19        correspondence of Franz Wirtz another one of our witnesses
    20        who took part in that discussion, debate and controversy,
    21        whatever.
    22
    23   MR. JUSTICE BELL:  If you have some evidence -- I have said said
    24        already that I read both Dr. Schum's statements and if you
    25        look at 14A in the approved transcript I say: "The
    26        Plaintiffs have served statements by Professor Doctor Hans
    27        Schum to the effect that a certain amount of soyabean meal
    28        is used to feed cattle in Germany.  That much is put in one
    29        sentence the overall effect of tab 3 which you have just
    30        referred to.
    31
    32   MR. MORRIS:  Yes.
    33
    34   MR. JUSTICE BELL:  In so far as Raiffeisen used soya bean meal
    35        for its feed, it comes from the USA and Argentina, neither
    36        of which are rainforest countries.  That, trying to
    37        condense it into one sentence, is the effect of tab 4, if
    38        my recollection serves me right, which you have not yet
    39        referred to.
    40
    41   MR. MORRIS:  Yes, but the point is that may be what the
    42        situation is now when Mr. Schum is writing in 1994, but the
    43        point is about the situation in 1989 which the same
    44        person -----
    45
    46   MR. JUSTICE BELL:  I give you the opportunity to refer me to any
    47        other evidence which indicates that McDonald's in Germany
    48        use meat which has come from cattle fed on soya bean meal
    49        from Brazil.
    50 
    51   MR. MORRIS:  I am saying our position is that they were using 
    52        the soya ----- 
    53
    54   MR. JUSTICE BELL:  I am against you on the information revealed
    55        by Professor Dr. Hans Schum's statements.
    56
    57   MR. MORRIS:  But he says it in the statements, that they use
    58        Brazilian ----
    59
    60   MR. JUSTICE BELL:  You must accept my ruling.  In due course, if

Prev Next Index