Day 286 - 24 Oct 96 - Page 27


     
     1        they were so concerned for the truth and the truth is on
     2        their side, they would have called an expert.
     3
     4   MR. JUSTICE BELL:   Just pause a moment.  The whole of this fuss
     5        arose because you talked about tricks.  It does not help
     6        me.
     7
     8   MR. MORRIS:   It is frustrating.
     9
    10   MR. JUSTICE BELL:  If I may say so, though I may not say it in
    11        my judgment, there is paranoia on both sides in this case,
    12        and demonstrations of it in open court do not help me get
    13        to the truth.  I am interested in the evidence, which is
    14        what you are trying to help me on.
    15
    16   MR. MORRIS:   What is frustrating -- though I agree that on our
    17        side we are concerned with the truth ----
    18
    19   MR. JUSTICE BELL:   You see, that ----
    20
    21   MR. MORRIS:   The right to express an opinion as well.
    22
    23   MR. JUSTICE BELL:  That is just another gibe and I am falling
    24        into the same trap arguing with you about it.  So let us
    25        look at what the evidence is, because that is what I am
    26        going to base my conclusions on.
    27
    28   MR. MORRIS:   Right.
    29
    30   MR. JUSTICE BELL:  You have got to Bosco Llubvioso on page 2 of
    31        the document.
    32
    33   MR. MORRIS:   Right.  And if you notice on that map, the
    34        mountainous and pre-mountainous, or montain and pre-montain
    35        and sub-alpine areas are not defined as rainforest,
    36        although it is fair to say in the life zones on page 1 of
    37        the series of documents some of the montain and pre-montain
    38        is defined as moist, wet and rain.
    39
    40        Now, it seems to me that the obvious conclusion is that
    41        montain or pre-montain rainforest is a specific category of
    42        Bosco Llubvioso, but Bosco Llubvioso, as Mr. Cesca has been
    43        advised, it can be called rain or wet forest.  And if
    44        we....  Obviously.... Another map that might be helpful
    45        when you are considering this whole matter - there are a
    46        number of maps of Costa Rica - is, I think, the Tozey map.
    47
    48   MR. JUSTICE BELL:  Yes.
    49
    50   MR. MORRIS:   I mean, really I think all the evidence was gone 
    51        over in quite some detail through our expert Dr. Carriere 
    52        and a careful reading of his evidence would probably ---- 
    53
    54   MR. JUSTICE BELL:  I am perfectly happy that you do it in
    55        shorthand in that way.  I will make a marginal note to that
    56        effect.
    57
    58   MR. MORRIS:   Yes.  He basically virtually covered everything
    59        apart from the export issue and, you know, the specific
    60        details of where McDonald's supplies may be situated.

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