Day 283 - 21 Oct 96 - Page 45


     
     1        take cattle from that land.
     2
     3        So, the point I am saying about this is that the rainforest
     4        policy, the person who crafted it was not ruling out use of
     5        ex-rainforest land; and, contrasted with the previous
     6        definitions of "recently deforested", which we had heard,
     7        as I think, with The Vegetarian Society solicitors'
     8        letters, when they asked what did "recently" mean, the
     9        answer was "a significant number of years".
    10
    11   MR. JUSTICE BELL:  Which group was that again?
    12
    13   MR. MORRIS:   That was The Vegetarian Society correspondence.
    14        They actually asked specifically: "What does 'recent'
    15        mean?"
    16
    17   MR. JUSTICE BELL:  The answer was what?
    18
    19   MR. MORRIS:   A significant number of years.
    20
    21   MR. JUSTICE BELL:   Yes.
    22
    23   MR. MORRIS:   And then with Costa Rica, we have heard from
    24        Edie Bensilum, from David Rose, the conversation with her
    25        in her statement, prior to 1989, the policy was "within 10
    26        years", and then, since 1989, within 25 years.  The
    27        evidence of David Rose was not challenged.  In fact, most
    28        of the Defendants' witnesses were not challenged throughout
    29        the case.  We would ask you to conclude that that is
    30        because they were telling the truth.  It looks, if we take
    31        Edie Bensilum at her word, that McDonald's defines
    32        "recent", since 1989, has defined "recent" as within 25
    33        years, then that should be the minimum position on a
    34        definition of what "recent" means, because that is
    35        McDonald's position.  We would say it goes back further,
    36        but.....
    37
    38        Can I say one thing?  I think that it might help the court
    39        if I actually got these references overnight, rather than
    40        continue today, because I am only going to have to dig them
    41        out at some stage, anyway.
    42
    43   MR JUSTICE BELL:  By all means give me the Edie Bensilum and
    44        David Rose one, but I have very much got that point.  I am
    45        well aware that both Mr. Cesca and Dr. Gomez Gonzales said
    46        that it meant where contemplating going into that
    47        particular country.
    48
    49   MR. MORRIS:   Right.
    50 
    51   MR. JUSTICE BELL:  I am not deterring you from giving me the 
    52        references.  If you want to stop now, I will do.  But 
    53        I have made a note of both those points.
    54
    55   MR. MORRIS:   I think most of these points are fairly well
    56        established.  We may be going into things that are a bit --
    57        more discrete points.
    58
    59   MR. JUSTICE BELL:  If you cannot give me a reference, just come
    60        back -- this is for future days -- if you cannot give me a

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