Day 233 - 26 03 96 - Page 34

 
 

                                                                  DAY 233
 
 
 
 
 
     1        seems to me have to be taken together last of all.
     2
     3        Unless there is anything which anyone must say about that
     4        now, I suggest that we adjourn till half past two; and
     5        whatever else you do this afternoon, complete your argument
     6        on discovery, including the question of power, so I can go
     7        away and think about that tomorrow.
     8
     9                        (Luncheon Adjournment)
    10
    11   MR. MORRIS:  I am going to come back on the power and control
    12        thing first, and the general application for discovery.
    13        Helen is going to add a couple of things.  I just want to
    14        say that there are a couple of outstanding discovery
    15        matters as well; in particular, numbers 9 and 10 on your
    16        list, the Heathrow and the video, which we will bring up.
    17
    18   MR. JUSTICE BELL:  Yes.  I have left my list in my room.
    19        Remind me which 9 and 10 are.
    20
    21   MR. MORRIS:  9 was the Heathrow documents and 10 was the
    22        US video.
    23
    24   MR. JUSTICE BELL:  I would like you to concentrate on the
    25        discovery this afternoon, so we can finish that; and if
    26        there are any loose ends like that, we can come back to
    27        them on Thursday.
    28
    29   MR. MORRIS:   Yes.
    30
    31   MR. JUSTICE BELL:  I make no bones about the reason.  If you can
    32        finish your argument this afternoon on discovery, and
    33        Ms. Steel, I can write my ruling tomorrow.
    34
    35   MR. MORRIS:  That is great, yes.  In short, just responding to
    36        Mr. Rampton in general, it is clear to us that there is
    37        live issue on this matter.  We are specifically talking
    38        about sources of supply in rainforest countries.  It is not
    39        a fishing expedition, because not only have the -- well,
    40        firstly, because the documents that we are applying for
    41        have been relied upon by the Plaintiffs in that they have
    42        seen them, they have relied upon them, they have made
    43        statements about the source of their supplies based on what
    44        they have been told and what they have been shown, which
    45        they did not have to elect to do.  They could have said:
    46        "It is up to you."  So we are entitled to see those
    47        documents, if they are in their possession, power and
    48        control, or ever have been.  If they have ever been in
    49        their possession power and control, they should be listed
    50        in any event. 
    51 
    52   MR. JUSTICE BELL:  There is no point in listing on the lists of 
    53        farms and the maps, because that has, effectively, have
    54        been done by Mr. Cesca in his evidence, has it not?
    55
    56   MR. MORRIS:  That is true.  Yes, that is true -- although if
    57        they went out of their possession, power and control,
    58        I presume we would be entitled to know when and why, as has
    59        happened in the past, they have been ordered to do the
    60        same.
 
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