Day 293 - 04 Nov 96 - Page 28
1 using the word "keep" because it is the ----
2
3 MR. JUSTICE BELL: I have to decide what I make of that. I
4 understand what your argument is.
5
6 MR. MORRIS: The point is, the most important question is the
7 reality, and I think that it is in the interests of the
8 public, it is the reality that is served best by this court
9 case. The reality is Mr. Rampton accepted the forest cover
10 argument on page 2, line 46, day 58, we say. Certainly the
11 experts accepted it, anyway.
12
13 MR. JUSTICE BELL: What he accepted is that you need a much
14 greater area of forest than the actual area chopped down in
15 order to provide that same amount of timber without letting
16 the forest suffer, or suffer in a way which even the timber
17 industry would accept. What he did not accept was that
18 that is what the leaflet -----
19
20 MR. MORRIS: I understand that.
21
22 MR. JUSTICE BELL: ---- would be saying to the ordinary reader.
23
24 MR. MORRIS: Yes. I did not say that is what he said.
25
26 MR. RAMPTON: Nor does he accept, if that is what the leaflet
27 had said, that it would be defamatory.
28
29 MR. JUSTICE BELL: No.
30
31 MR. MORRIS: I am sure Mr. Rampton will ----
32
33 MR. JUSTICE BELL: What I need you to do, granted that you say
34 that the leaflet means sustainable area rather than area
35 chopped down in any given year, is how you say I should
36 calculate the area, if that is the point you want to make.
37
38 MR. MORRIS: Yes. Well, all I am saying is that these
39 arguments are, I believe, now accepted on all sides, that
40 particular argument.
41
42 Now, on page 4 of Mr. Mallinson's evidence on that day, he
43 moved on to the forest cycle estimate and then by that time
44 it was 80 to a hundred years, 80 for Scotland, but then he
45 began to introduce a 40 for southern Scotland, so it was
46 not clear, and also it later became further unclear,
47 because in fact in the Iggesund mill Mr. Mallinson later
48 accepted was likely to be taking raw material in northern
49 Scotland which had a longer cycle, the 80 year cycle. That
50 is on the bottom of page 50, top of page 51. That is in
51 fact from the flow country, which had been recognised to be
52 a sort of environmental disaster area because of its usage
53 as plantation planting.
54
55 So we have something where, by Mr. Mallinson's evidence, 40
56 and/or 80 year cycle or both for Scotland, but, in any
57 case, we have heard that the hundred year cycle, which is
58 in the document sent by the Enso-Gutzeit mill or the
59 company, said they had a hundred year cycle and we have
60 heard that Enso-Gutzeit ----
