Day 284 - 22 Oct 96 - Page 14


     
     1        fact, of course, it is not true but the point being that
     2        they take responsibility when it is in their favour for
     3        what happens in the supply chain to their business and when
     4        it is not in their favour --
     5
     6   MR. JUSTICE BELL:   I do not want to stop you but you made that
     7        point yesterday.
     8
     9   MR. MORRIS:   OK.
    10
    11   MR JUSTICE BELL:  I hope I have taken it on board.  Let me just
    12        recap so I can see where we have got to.  Because you
    13        started off on meaning, it seems to me that it is
    14        convenient taking economic imperialism and destruction of
    15        the rainforest together.  We have got this far, you say,
    16        that there is a general sting so far as economic
    17        imperialism is concerned, that McDonald's are responsible
    18        for starvation in the third world.  Then -----
    19
    20   MR. MORRIS:   As part of a -----
    21
    22   THE JUDGE:   Do not worry how, yet.  Then we have to see what
    23        statements are made in support of that, and you were about
    24        to mention one there.  But we have also got to look at the
    25        leaflet to see what ones are expressly stated, it seems to
    26        me, and also what the cumulative effect is, which you were
    27        about to talk about.  Then we have the same, do we not,
    28        with rainforest; the general sting is that they are guilty
    29        of destruction of the rainforest.  McDonald's go on to
    30        plead there 'by causing wanton damage to the environment'
    31        and query whether there could be any disagreement with
    32        that.  It seems to me they probably go hand in glove.  If
    33        you want to make a comment on that, do.
    34
    35        Then we have to look at what specific charges are made in
    36        the leaflet in support of that general sting and what will
    37        interest me -- and I just say this and then we can have the
    38        break -- is the things which McDonald's say the leaflet
    39        means in addition to the general sting of being
    40        responsible, or the way they plead it is to say blame for
    41        starvation in the third world, is by saying that the
    42        specific allegations in support of that are purchasing
    43        large tracts of land in poor countries, and I know you
    44        argue about that, you say it does not mean purchase of
    45        large tracts of land it means purchase of investments in
    46        the form of beef and cattle.  So I have an issue there
    47        between you.  Causing the eviction of small farmers that
    48        live there growing food for their own people, McDonald's
    49        say.  I would have thought you do not probably disagree
    50        with that. 
    51 
    52   MR. MORRIS:   That is a result of the process, yes. 
    53
    54   MR. JUSTICE BELL:   It is stated in the leaflet.  It is part of
    55        the allegedly defamatory meaning.  Growing food for their
    56        own people.  That is what they say so far as responsibility
    57        for starvation in the third world is concerned.  So it is
    58        purchasing large tracts of land -- just listen for a moment
    59        -- and restricting the small farmers that live there
    60        growing their own food.  So they cannot grow their own food

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