Day 070 - 20 Dec 94 - Page 20


     
     1        I think we will do our best to take the topics fairly
     2        quickly, if they allow prompt answers.
     3
     4   MR. MORRIS:  May I just make a brief comment?  We were a little
     5        bit concerned over the judgment that you made, whether that
     6        prejudices or prejudges our case on the rainforest as
     7        pleaded, in the light that we have not called any witnesses
     8        (including expert witnesses) on backing up our pleadings on
     9        the significance of exports from rainforest countries, in
    10        any event, and also the use within rainforest countries of
    11        land, whether rainforest or not ex-rainforest, in terms of
    12        pressure on the rainforests.
    13
    14   MR. JUSTICE BELL:  I have not prejudged anything with regard to
    15        the ultimate outcome.  What I suggest you do is, when you
    16        get the perfected, approved transcript of the ruling which
    17        I gave, if you have any concern about it, raise it.  I have
    18        not got a closed mind about it.  I have to reach so much of
    19        a decision as is necessary to dispose of the application
    20        for discovery one way or another.  If you think that I have
    21        reached a decision, I will be perfectly prepared to take a
    22        new look at it in so far as it may affect the end result of
    23        the case, as opposed to the question of discovery.  So do
    24        not worry about that.  It would be especially so if any new
    25        evidence comes out of any kind.  I have not heard any of
    26        your evidence in relation to the rainforest issue at all.
    27
    28   MR. MORRIS:  No.
    29
    30        Obviously, we will try get through this quickly.  The
    31        Walraff document actually has been referred to in one of
    32        the statements.  We have not had time to digest those yet
    33        but, as far as I know, no reference was made in the
    34        statement -- the Plaintiffs will surely remind us -- as to
    35        the specific documents sought on nutrition which were the
    36        affidavits of -- if you remember, it was the workers that
    37        said they had been eating at McDonald's every day -----
    38
    39   MR. JUSTICE BELL:  I was looking a moment ago for
    40        Mr. Nicholson's two affidavits, and I cannot find them.
    41        But did not Mr. Nicholson deal with this?
    42
    43   MR. MORRIS:  Yes, he did.  It is hard to tell sometimes without
    44        checking back.  It was the last point in his whole second
    45        affidavit.  He says that the Plaintiffs do not have
    46        Dr. Walraff's book.  Then he says: "Such relevant papers as
    47        the Plaintiffs have been disclosed."
    48
    49   MR. JUSTICE BELL:  I interpreted him saying that they had that
    50        as meaning -- which paragraph is it? 
    51 
    52   MR. MORRIS:   It is the very last page, in fact. 
    53
    54   MR. JUSTICE BELL:  Of the sixth affidavit or the fifth?
    55
    56   MR. MORRIS:  The sixth, the very last paragraph before the
    57        signature.
    58
    59   MR. JUSTICE BELL:  Yes, but it goes back to 3V, page 3,
    60        paragraph 5:

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