Day 239 - 23 Apr 96 - Page 02

     1                                      Tuesday, 23rd April 1996
     3   MR. JUSTICE BELL:   The case need not be called on.  We will go
     4        anonymous today.  It is a matter of form for the Associate
     5        to call the name of the case before the proceedings
     6        commence, but I do not think things will be declared
     7        invalid because of that.
     9   MR. RAMPTON:  I think we know which case it is.
    11   MR. JUSTICE BELL:  I hope so!
    13   MR. RAMPTON: If that is so, can I say something before
    14        Mr. Monbiot is called.  I do not know what course the
    15        Defendants are proposing to adopt.  If they should be
    16        intending to do what they did yesterday, which was to read
    17        out Mr. Monbiot's various statements and his addendum, I
    18        would have something to say about the propriety of that so
    19        far as his first statement is concerned at least, for this
    20        reason, that apart from two and a bit paragraphs, it seems
    21        to be concerned exclusively with the effects of the cattle
    22        ranching on the Brazilian rainforest in the Amazon.  That
    23        is not an issue in this case.
    25        Therefore, 90 percent of the first statement is irrelevant
    26        and inadmissible.  The relevant pleading to which your
    27        Lordship gave leave on 27th July of last year is on the
    28        third page of the Environmental Tab in the Abstract.
    30   MR. JUSTICE BELL:  Yes.  I read that through again.
    32   MR. RAMPTON:  Yes.  There is a passage in the first statement on
    33        the second page, two passages arguably, which are relevant,
    34        plainly, and those are the two up from G and the one above
    35        it towards the bottom of the page.  Possibly, though this
    36        remains to be seen, the short paragraph about cerrado
    37        forest but we will have to wait and see about that.
    39        For the rest, it is concerned exclusively, as far as I can
    40        tell, with the effects of cattle ranching in the rainforest
    41        in the Amazon and that is not a part of this case.
    43   MR. JUSTICE BELL:  What I propose to do is I propose to let the
    44        Defendants read the statements.  I have got very much your
    45        point in mind, but what concerns me is the knock-on effect
    46        on the rainforest, as I described it in my ruling, is still
    47        live.
    49   MR. RAMPTON:  Yes.
    51   MR. JUSTICE BELL:  Going through it, quite frankly, one can take 
    52        a paragraph out here and a paragraph out there, but I just 
    53        want it read.
    55        In the case of this witness, anyway, I am not attracted by
    56        the idea of taking a paragraph out here and a paragraph out
    57        there.
    59   MR. RAMPTON:  I was going to suggest an alternative.

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