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.
