Day 285 - 23 Oct 96 - Page 21
1 Edie Bensilum says that in her statement, but that it is
2 just not credible. As we have heard from David Rose, the
3 rainforest policy was formulated in around 1988, 1989.
4
5 We then have the various arguments over what does
6 "recently" mean in this claimed policy, and I have been
7 through that.
8
9 MR. JUSTICE BELL: Yes, I think I have got a pretty good grip
10 of that, I have not got my notes in court, but I have made
11 notes on that.
12
13 MR. MORRIS: Right. If it helps the reference to Gonzalez,
14 and I am sure you made a note at the time, was day 68,
15 page 31, line 12.
16
17 MR. JUSTICE BELL: He and Mr. Cesca said the same thing.
18
19 MR. MORRIS: Yes. I did check Edie Bensilum's statement
20 again.
21
22 MR. JUSTICE BELL: Well, I have that very much in mind.
23
24 MR. MORRIS: She did.... Well, it does not matter. She
25 definitely says in her statement that there was a ten year
26 policy up to 1988 and a 25 year policy since, so that is
27 the effect of her statement and the notes that she made
28 and what David Rose said. Obviously, if it was a ten year
29 claimed policy up to 1988, it meant there would be no
30 protection under that policy, if it was in force, in Costa
31 Rica, which is what we are talking about in that case, for
32 any destruction of forest up to 1978. Actually, I will
33 find her statement. (Pause) Here we are.
34
35 MR. JUSTICE BELL: You need not refer me to her statement.
36 I have got that very much in mind. And I will have to
37 decide what I make of it.
38
39 MR. MORRIS: And it is interesting, if I can just point out
40 something about her statement, because I think it is
41 informative, is that in her paragraph 11 -- well, first of
42 all, she says in paragraph 9 that she conceded it was a
43 possibility that land might have been deforested only ten
44 years earlier. Oh, no, sorry, that is relating to when
45 they start in a country.
46
47 She talks in paragraph 11 about farms being established in
48 the 1950s. Most of the forms supplying McDonald's in
49 Costa Rica were established in the 1950s. And as we have
50 heard from John Carriere, that although farms might have
51 been established at a certain time, the deforestation
52 continues on the land owned by that farm, in any event,
53 because -- yes, whatever. If they were being
54 established -- well, it is a matter of evidence we will
55 come on to later, really, but they are established from
56 cleared forest, we would say, because that is what the
57 whole process involved.
58
59 Have McDonald's ever used tropical forest beef? Clearly
60 they have. We have proved that in this case. In Costa
