Day 070 - 20 Dec 94 - Page 17
1 "As far as I know, heard or discuss, we have never even
2 mentioned that we are looking at moving product from Brazil
3 into any other country."
4
5 MR. JUSTICE BELL: Can I pose the rhetorical question: how does
6 that give you a whiff of any exports from Brazil of beef to
7 McDonald's? Add to it that you have discovered that,
8 contrary to what he would say, there have been 80 tonnes in
9 four lots of 20, how does that give you a whiff of any
10 significant export of beef from Brazil to McDonald's
11 anywhere else in the world?
12
13 MR. MORRIS: It is probably quite clear that we do not believe
14 McDonald's policies either existed in reality, at least
15 until 1989, on this subject, and, if they did exist, they
16 were just purely public relation stunts.
17
18 Frankly, the chance discovery of the Brazil consignments
19 only confirms what we have understood to be the case. It
20 is clear that if that policy, in reality, did not exist,
21 then there would have been other consignments. Otherwise,
22 I do not believe -- it is clear that there were other
23 consignments, there must have been other consignments,
24 possibly to this country but also other countries from
25 Brazil, which has the same effect as if Costa Rica is
26 exporting to the USA. If another country with rainforest
27 is exporting to other countries, it is putting pressure on
28 the rainforest in that country, because of the large scale
29 of production for exports, which -- and we have experts
30 being called on that -- everybody is agreed that is the
31 overproduction not for local consumption that has led to
32 the destruction of rainforests by cattle ranching.
33
34 MR. JUSTICE BELL: Is there anything further you want to say on
35 that?
36
37 MR. MORRIS: I think, a legal point that crossed my mind was
38 that, I believe it has been said earlier on in this case,
39 if you accuse somebody in a leaflet of murdering, you know,
40 Mr. Smith and you are sued for libel, but you discover that
41 they have actually murdered Mr. Jones, then, in effect,
42 there is no defamation.
43
44 The point we are saying is that the export of beef from
45 rainforest countries -- which is part of our case since it
46 was first pleaded -- it is just as relevant whether it goes
47 to the US or goes to any other country. Even if the
48 leaflet does not specify exports to the US, it does talk
49 about cash crops trade in the Third World; and I think
50 general trade is relevant.
51
52 MS. STEEL: There is one other thing. The quantity used,
53 revealed in those documents, was 80 tonnes, but in terms of
54 the amount of cattle used, it would be quite a considerable
55 number because, as Dr. Gomez Gonzalez said, they only used
56 10 per cent of the cattle meat.
57
58 MR. JUSTICE BELL: Is there anything more you want to say on
59 that before we move on to the next topic? I think it is
60 more convenient if I give rulings as the issues come up.
