Day 098 - 07 Mar 95 - Page 69


     
     1        you are not happy with it, you have your usual procedural
     2        course which you may take.  That is my ruling.  It is on
     3        page 14 which makes it quite clear I have taken Dr. Hans
     4        Schum's statements into account.  You are rearguing it.
     5        That I have allowed you to do to a certain extent unless
     6        I had missed something which you did not bring to my
     7        attention in the course of the earlier argument.  If there
     8        is anything apart from Dr. Hans Schum's statements which
     9        you rely upon as a worthwhile indication that McDonald's
    10        have used beef from cattle fed on soya bean which has come
    11        from Brazil, please direct me to it.  I will give a short
    12        ruling and you can come back to it again if you want, a
    13        short further ruling, Mr. Morris.
    14
    15   MR. MORRIS:  I do not understand, with respect, because if
    16        something was happening in 1989 that is not happening now
    17        or that we cannot prove something now, whatever, it will
    18        still be relevant to the case, I would have thought.  This
    19        statement was made on 12th April 1989.  I think the
    20        confusion is that he draws conclusions from the facts which
    21        he has admitted which, I submit, prove our case on that
    22        point.
    23
    24        In paragraph 9 he draws some conclusions which, because of
    25        the wording, may seem that he says, what he basically
    26        says:  "Oh, well, it is all irrelevant anyway", but he does
    27        not deny the facts.  The facts are that the Brazilian soya
    28        was being used by the McDonald's cattle in 1984 at that
    29        time.  Then in point 9 he goes on to say:  "Well, the soya
    30        is a by-product of something else; the cattle would be
    31        getting it because they would be dairy cattle and,
    32        therefore, it would be for milk production", but he does
    33        not deny the facts that their cattle were consuming
    34        Brazilian soya.
    35
    36   MR. JUSTICE BELL:  He does not say that at all.  He does not say
    37        that in tab 3.  He says:  "A certain amount", and he gives
    38        some figures, "of Brazilian soya bean meal is consumed by
    39        cattle in Germany".
    40
    41   MR. MORRIS:  But we cannot say a particular individual cow has
    42        got, you know, that much soya.  We have to say that if the
    43        general -----
    44
    45   MR. JUSTICE BELL:  Is Professor Dr. Hans Schum attending?
    46
    47   MR. RAMPTON:  Yes, he is.
    48
    49   MR. JUSTICE BELL:  Yes.  I am going to give a short further
    50        ruling.  You listen carefully to it, Mr. Morris.  You can 
    51        sit down, please. 
    52 
    53              (For ruling please see separate transcript)
    54
    55   MR. JUSTICE BELL:  Was there anything else which you want to
    56        raise before Mr. Kenny begins to give evidence?
    57
    58   MR. RAMPTON:  There is just one thing I would like to raise
    59        while we are on Brazil, now that we are just leaving
    60        Brazilian soya:  Mr. Morris said to your Lordship, recorded

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