Day 286 - 24 Oct 96 - Page 24


     
     1        'No, she was telling the truth about that.'  There we
     2        are.  That is one of, no doubt, a thousand issues in this
     3        case.
     4
     5   MR. MORRIS:   Yes.
     6
     7   MR. JUSTICE BELL:  Anyway, I have it well in mind.  I am looking
     8        at my own summary of it now.
     9
    10   MR. MORRIS:   Yes, OK.
    11
    12   MR. JUSTICE BELL:   She went further than that.  Again, I will
    13        have to decide whether on balance of probabilities she was
    14        right when she said it.  She told him that in Costa Rica
    15        land which was rainforest in the mid '70s could have been
    16        used to grow beef in the mid '80s.
    17
    18   MR. MORRIS:   We would say that is a recognition that the
    19        policy, such as it may have existed, would not have
    20        prevented that at that time because it relates to the ten
    21        year policy.  Therefore, there was no protection, and
    22        therefore we rely on the evidence of John Carriere on the
    23        continuing deforestation caused by those farms that were
    24        established in the '50s and '60s, and in the maps that have
    25        been disclosed showing the continuing deforestation
    26        throughout the '70s and indeed the '80s.
    27
    28        Now, the question I want to ask is where are these farms
    29        that have been accepted as being established in the '50s
    30        with deforestation of rainforest continuing into at least
    31        the early '60s by admission, we say, continuing up to the
    32        '80s; where are they?
    33
    34        Now, obviously, McDonald's have come to court and tried to
    35        limit the damage of what the truth is and also what their
    36        admissions have been by focusing on some areas at the
    37        expense of others.  If we look at the documents that came
    38        out of Mr. Cesca's briefcase, I don't know if they are
    39        easily to hand or whether -----
    40
    41   MR JUSTICE BELL:  I think I should make sure that I have
    42        actually got those.  I am sure I should have.  It is a
    43        question of where.  They should be behind -----
    44
    45   MR. MORRIS:   I would have thought behind his statement.
    46
    47   MR. JUSTICE BELL:   -- behind his statement.
    48
    49   MR. MORRIS:   Yes.  (Pause)
    50 
    51   MR. JUSTICE BELL:   At the moment I can't remember just where 
    52        that is.  If someone can help me.  (Pause) Yellow 11, 
    53        volume one, and I have got Mr. Rampton's letter to you in
    54        his own handwriting.  They are behind that are they?
    55
    56   MR. MORRIS:   There should be six documents of a total of about
    57        eight pages.
    58
    59   MR JUSTICE BELL:  That is yellow 11, tab 1.
    60

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