Day 241 - 26 Apr 96 - Page 59


     
     1        just ended quoting is either all in or all out.
     2
     3   MR. MORRIS:  I can see how the part about Guatemala is an expert
     4        view on what he was told and as part of an official
     5        inspection, but the part about -----
     6
     7   MR. JUSTICE BELL:  What it seems to me is this.  If you want
     8        what Oscar Mallorga said in as evidence of the truth of it
     9        as opposed to the fact that he said it, I cannot see it is
    10        of any value of just the fact that he said it, then you
    11        have to (in fairness) have the reservation which he draws.
    12
    13        On the other hand, if you wish the reading to end at, "Only
    14        once did I hear McDonald's referred to in regard to the
    15        export of beef from any one of these countries to the
    16        United States" and then omit until the very last paragraph,
    17        then I might be amenable to that.  But what I am not minded
    18        to do is have part of what lies between in and part out
    19        because, otherwise, it might give a very distorted view of
    20        what is there.
    21
    22   MR. MORRIS:  The thing I was mainly concerned with, I mean, was
    23        the point about McDonald's -- for example, on the top of
    24        page 2 he talks about McDonald's US beef suppliers, it has
    25        been indicated to him, come exclusively from the United
    26        States and are, in fact, sourced from retired US dairy
    27        cattle, and we know for a fact, according to Mr. Cesca,
    28        about 50 per cent of their US supplies are from dairy
    29        cattle and it seems to me that he has been given inaccurate
    30        information ---
    31
    32   MR. JUSTICE BELL:  That may be, but -----
    33
    34   MR. MORRIS:  -- about McDonald's specifically, that is what I am
    35        saying.  So, I do not know if that should be allowable as
    36        hearsay in terms of -- and then he bases conclusions from
    37        what he has heard about whether McDonald's have or have not
    38        imported beef, although he puts a negative case; he says he
    39        has found no evidence that they have imported it.
    40
    41   MR. JUSTICE BELL:  It seems to me that last paragraph is
    42        admissible.  What weight is attached to it is another
    43        matter.
    44
    45   MR. MORRIS:  Maybe just leave it all in.
    46
    47   MR. JUSTICE BELL:  What I suggest is you let Mr. Atkinson read
    48        it all and then address me about it at the end.  If you
    49        have me exclude it all now you may regret it later.  You
    50        may think of some reason why you wanted part of it in and 
    51        wanted to argue about it. 
    52 
    53   MR. MORRIS:  Yes, okay.
    54
    55   MR. ATKINSON:  I do not think it is hearsay.  It is just saying
    56        what grounds for his belief were.  They may be right, they
    57        may be wrong.  But that is what he is saying.  He is just
    58        giving the context of what he thinks Mr. Mallorga had said.
    59
    60   MR. JUSTICE BELL:  I suggest you read the whole lot,

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