Day 241 - 26 Apr 96 - Page 59
1 just ended quoting is either all in or all out.
2
3 MR. MORRIS: I can see how the part about Guatemala is an expert
4 view on what he was told and as part of an official
5 inspection, but the part about -----
6
7 MR. JUSTICE BELL: What it seems to me is this. If you want
8 what Oscar Mallorga said in as evidence of the truth of it
9 as opposed to the fact that he said it, I cannot see it is
10 of any value of just the fact that he said it, then you
11 have to (in fairness) have the reservation which he draws.
12
13 On the other hand, if you wish the reading to end at, "Only
14 once did I hear McDonald's referred to in regard to the
15 export of beef from any one of these countries to the
16 United States" and then omit until the very last paragraph,
17 then I might be amenable to that. But what I am not minded
18 to do is have part of what lies between in and part out
19 because, otherwise, it might give a very distorted view of
20 what is there.
21
22 MR. MORRIS: The thing I was mainly concerned with, I mean, was
23 the point about McDonald's -- for example, on the top of
24 page 2 he talks about McDonald's US beef suppliers, it has
25 been indicated to him, come exclusively from the United
26 States and are, in fact, sourced from retired US dairy
27 cattle, and we know for a fact, according to Mr. Cesca,
28 about 50 per cent of their US supplies are from dairy
29 cattle and it seems to me that he has been given inaccurate
30 information ---
31
32 MR. JUSTICE BELL: That may be, but -----
33
34 MR. MORRIS: -- about McDonald's specifically, that is what I am
35 saying. So, I do not know if that should be allowable as
36 hearsay in terms of -- and then he bases conclusions from
37 what he has heard about whether McDonald's have or have not
38 imported beef, although he puts a negative case; he says he
39 has found no evidence that they have imported it.
40
41 MR. JUSTICE BELL: It seems to me that last paragraph is
42 admissible. What weight is attached to it is another
43 matter.
44
45 MR. MORRIS: Maybe just leave it all in.
46
47 MR. JUSTICE BELL: What I suggest is you let Mr. Atkinson read
48 it all and then address me about it at the end. If you
49 have me exclude it all now you may regret it later. You
50 may think of some reason why you wanted part of it in and
51 wanted to argue about it.
52
53 MR. MORRIS: Yes, okay.
54
55 MR. ATKINSON: I do not think it is hearsay. It is just saying
56 what grounds for his belief were. They may be right, they
57 may be wrong. But that is what he is saying. He is just
58 giving the context of what he thinks Mr. Mallorga had said.
59
60 MR. JUSTICE BELL: I suggest you read the whole lot,
