Day 233 - 26 03 96 - Page 36
DAY 233
1 carrying out of specifications. It is the Plaintiffs' case
2 that the sources of beef supplies are part of the
3 specifications binding, they say, on their subsidiaries and
4 suppliers, indeed; and specifically they say that their
5 specifications on sources relate to ex-rainforest land.
6
7 So, we are not asking for any documents from their
8 subsidiaries or their suppliers; we are asking for the ones
9 that are relevant to their specifications on beef sources.
10
11 There is one matter I wanted to add, which is about Anglo
12 supplying Braslo, which is -----
13
14 MR. JUSTICE BELL: I have got the letters in mind. There are
15 two letters, but they did not actually -- they are written
16 by Mr. Walker, or the one I particularly have in mind was
17 written by Mr. Walker. He said he did not actually know
18 what the commercial relationship, if any, was between Anglo
19 and Braslo; and I have got absolutely no evidence that
20 Anglo ever did supply Braslo, have I?
21
22 MR. MORRIS: He thought they did. That is what he said.
23
24 MR. JUSTICE BELL: Then he said he did not know.
25
26 MR. MORRIS: He said, "I did not know, but I think so."
27
28 MR. JUSTICE BELL: What evidence is that is actual supply.
29
30 MS. STEEL: It is the basis for a belief. I mean, perhaps --
31 I mean, Mr. Rampton mentioned this, I see from the
32 transcript of the Friday two weeks ago, Mr. Rampton
33 mentioned that we should plead it; and perhaps that is what
34 we should do, because we have got the basis for a genuine
35 belief that -----
36
37 MR. JUSTICE BELL: Leave aside the pleading for a moment. I
38 mean, what basis have I got for actually thinking there is
39 any evidence upon which one could rely at all that -----
40
41 MS. STEEL: The point I would make is that there is enough
42 evidence from what Mr. Walker said in the witness box and
43 from the letters which were disclosed to the court, which
44 clearly indicate that Braslo were seeking to get supplies
45 from Anglo. There is enough evidence to put a pleading;
46 and if there is a pleading, then discovery becomes relevant
47 to that.
48
49 MR. JUSTICE BELL: I do not know. You see, what Lord Justice
50 Neill said before the trial began is one thing. I am well
51 into this case now, and I am more concerned with if there
52 is any prospect of actually proving, not suspecting or
53 thinking might be the case.
54
55 Anyway, I have that point. Is there anything else, apart
56 from Mr. Walker's letter, is there anything else that you
57 can think of which might indicate that Anglo supplied beef
58 to Braslo?
59
60 MR. MORRIS: There was two plants that Mr. Cesca -----
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