Day 083 - 06 Feb 95 - Page 54


     
     1        If the Defendants really are serious about finding out
     2        whether any McDonald's suppliers imported meat from
     3        tropical rainforest countries, areas of tropical rainforest
     4        countries, for the purpose making hamburgers, then there is
     5        the list.  Let them or their agents in the United States
     6        make the appropriate enquiry.  Really, that somebody should
     7        have to trawl through the records for 1979 and 1984,
     8        assuming that 1983 and 1989 are already covered, does, with
     9        respect, seem to us wholly unreasonable.  If this were an
    10        interrogatory I would be applying to have it withdrawn on
    11        the grounds that it is not necessary on the fair disposal.
    12
    13   MR. JUSTICE BELL:  It is not.  First of all, it is not put as an
    14        application for discovery.  It might be an interrogatory,
    15        but it is not in the proper form so I cannot consider
    16        that.  All I can say is that if we come to July and there
    17        are not these lists, I can certainly see no basis upon
    18        which Mr. Cesca could refuse to divulge any he knew of in
    19        July.
    20
    21   MR. RAMPTON:  That may be so.  Whether it follows from that that
    22        we should have an order for discovery made at this time on
    23        the basis that it was necessary for the fair disposal of
    24        the case or that it would save costs, is quite another
    25        question, with respect.  Mr. Cesca may well say, if asked
    26        the question, "I do not know".  He may well if asked, "Who
    27        were your suppliers in 1979", say, "I have absolutely no
    28        idea who they were.  I can tell you who they were in 1989
    29        when this pamphlet was published by these Defendants.  You
    30        have a list of who they were in 1983."  The question then
    31        is: "Well, was any of those suppliers importing beef from
    32        rainforest areas of the world at and between those dates?"
    33        Answer, "No".  "How can you be sure?" Then he gives his
    34        explanation.
    35
    36   MR. JUSTICE BELL:  Is there any reason why your line of enquiry
    37        has not been pursued with regard to those identified in tab
    38        52 because, quite frankly, it does not give one much
    39        confidence that there really is a need to enquire if it is
    40        just cropping up for the first time now seven months into
    41        the trial?
    42
    43   MR. MORRIS:  It has cropped up a number of times.  It is part of
    44        our application for discovery which we finally had
    45        affidavits on.  Ray Cesca said he was advised he did not
    46        have to respond to that particular question which is in, as
    47        I said, his second affidavit.  It was the subject of an
    48        interrogatory.  I may be corrected.  I have not got them in
    49        front of me, but I am pretty convinced it was the subject
    50        of an interrogatory.  It is a continuing theme of ours 
    51        since the case began that we want to know the suppliers. 
    52        McDonald's finally came up with a list from 1989 and Civil 
    53        Evidence Act notices, so they are relying on that
    54        information.  We have made attempts since then through
    55        applications for interrogatories and discovery to get
    56        information for the relevant pleaded times as well.
    57
    58        This list here in tab 52 is just, if you like, the
    59        co-ordinating suppliers.  It is not equivalent to the list
    60        which was the documents that were disclosed for 1989 which

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