Day 286 - 24 Oct 96 - Page 13
1 were arguing for discovery based upon it, was said to be
2 comprehensive. He gave that impression. Yet we
3 subsequently learned more about the supply sources in Mato
4 Grosso and in Gioias State and it seems to be a strange
5 coincidence that the areas which had not been identified in
6 his original, supposedly comprehensive, statement were
7 exactly the areas which are sourced from cleared rainforest
8 land.
9
10 If it had been a slip of the eye, or pen, then we might
11 have expected other areas to be inadequately identified,
12 but it just happens to be the most controversial areas, and
13 obviously we would say that the conclusion is that that
14 proves a reluctance from Mr. Morganti in informing the
15 court about the full story as regards anything that is
16 controversial, or potentially controversial, which also
17 casts doubt on Mr. Cesca's knowledge of the situation,
18 because he will be relying on Mr. Morganti who will, no
19 doubt, be telling him that everything in the garden is
20 lovely whenever he visits Brazil.
21
22 If I can further say that there is a direct conflict on one
23 particular point with Mr. Morganti, between Mr. Morganti as
24 a Civil Evidence Act notice and Jan Rocha, our
25 Civil Evidence Act notice of what he said to her, where she
26 says that he indicated, or he told her, there was another
27 supply plant inside the official Amazonian region that was
28 currently supplying Brazil although for McDonald's use.
29
30 Obviously, the weight to be attached to that disagreement
31 is a matter for you, but it certainly must cast doubt.
32 However much weight is given to whichever side in that
33 dispute out of court about providing evidence for the court
34 must cast further doubt.
35
36 MR. JUSTICE BELL: Was it actually in the official Amazon
37 region or just somewhere else which he was disputing?
38
39 MR. MORRIS: I think, if my memory is right, it was
40 Rondonopolis, which is just southeast of Cuiaba inside Mato
41 Grosso.
42
43 MR. JUSTICE BELL: Yes, that is what I thought.
44
45 MR. MORRIS: Yes. I mean, while I am on that subject of
46 Mr. Morganti, his characterisation of the wider issues has
47 been attacked by our expert witnesses. For example, his
48 view that -- I think it was Mato Grosso -- I have not got
49 his statement in front of me -- was virgin land for cattle
50 ranchers was attacked as something which is a standard line
51 of those who are prepared to turn a blind eye to the
52 eviction of people for the cattle ranching industry, and
53 indigenous people in particular in that case.
54
55 But, I mean, obviously, he is relying on hearsay and he did
56 not come to court to give evidence, so he is relying on
57 what his suppliers tell him, and his suppliers are relying
58 upon what their raw material suppliers are telling them.
59 The abattoirs do not know the exact sources of all the beef
60 which arrives from collection points. They may know where
