Day 286 - 24 Oct 96 - Page 31


     
     1         -- well, I mean, they have said that they were supplied
     2        from areas of ex-rainforest cleared as late as at least the
     3        early '60s, and with the possibility it happened later
     4        accepted by Edie Bensilum, or the fact that could have
     5        happened accepted.
     6
     7        And if we look at the -- we say obviously rainforest means
     8        all tropical forest and certainly by any definition all
     9        moist forest and above -- but if we look on the Tozey map
    10        at the specifically scientifically characterised rainforest
    11        areas and we look at the deforestation map of Sader and
    12        Joyce, which is the most detailed progressive deforestation
    13        map, the specifically scientifically characterised
    14        rainforests seem to have been destroyed between 1977 and
    15        1983.
    16
    17        And so, although we do not accept McDonald's case on that,
    18        we would say they have therefore been making an admission
    19        that they were using land as it was being deforested at
    20        least up to 1983.  Although that would be even more
    21        damaging to the plaintiffs' case, I think it is an
    22        artificial construct to use the strict scientific
    23        definition, which scientists disagree on anyway, as the
    24        basis for this whole part of the case.  And in fact
    25        McDonald's themselves have defined wet or rainforest as
    26        that area covered all over the San Isidro area which is
    27        everything from moist forest upwards, in the San Isidro
    28        area, what they call wet or rainforest, which has got a
    29        single term in Costa Rica, Bosco Llubvioso.
    30
    31   MR. JUSTICE BELL:   Well, it would be easier if this leaflet had
    32        said Bosco Llubvioso, but it not, it says rainforest.  So
    33        I have to grapple with that.
    34
    35   MR. MORRIS:   Yes, and the definition of rainforest in the
    36        leaflet is lush green belt, and we would plead that you
    37        take that at face value.  What we are concerned with here
    38        is the environmental damage being done to the lush green
    39        belt around the -- within the tropics.
    40
    41        Just looking at obviously in terms of facts, Mr. Cesca, not
    42        knowing that McDonald's supply plant was in Alujuela, as
    43        far as we are concerned shows that he could not give
    44        evidence to any degree of confidence about what was going
    45        on in Costa Rica.  That may not be any fault of his,
    46        because he may have been misinformed, as he is basing most
    47        of his information on what people have told him.  But it
    48        does throw doubt on somebody, either on him or on those
    49        that are feeding him information.  As he is not an expert,
    50        that really leaves very little reliable evidence about 
    51        Costa Rica. 
    52 
    53        By the way, I have found the reference to the doubling of
    54        the exports.  The doubling of beef production in Costa Rica
    55        was in Dr. Nations -- if I can find it -- it was in his
    56        article.  Oh, yes, it was actually read out on day 241,
    57        page 54, lines 40 to 45.  In Costa Rica where 71 percent of
    58        all new farmland is planted in beef cattle pasture, beef
    59        production doubled between 1959 and 1972, but per capita
    60        beef consumption fell from 30 pounds to less than 19

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