Day 233 - 26 03 96 - Page 51

 
 

                                                                  DAY 233
 
 
 
 
 
     1        "Yes, it is, well, just enough pages to identify the
     2        areas."  Then he says, "Are you talking about the map
     3        [with] the ... hash marks on it, because that is only
     4        about, you know, that is less than a third of what the list
     5        would look like".  But it is clear from that that Mr. Cesca
     6        has been given a list from Mr. Morganti.  So that is
     7        something that is obviously in the possession of the First
     8        Plaintiff.  Basically, that was that point.
     9
    10        If I just reiterate briefly that there are issues still in
    11        the case regarding this, concerning the fact that our
    12        witnesses have stated that some of the regions where
    13        McDonald's are getting their beef from in Costa Rica and
    14        Brazil, and we have seen from the map in Guatemala that
    15        some of the regions that they get their beef from are areas
    16        either where there was formerly rainforest or where----
    17
    18   MR. JUSTICE BELL:  As I tried to say before, nothing on this
    19        ruling in any way inhibits you calling evidence, subject to
    20        any objection taken on the base of lack of notice, that in
    21        the areas where McDonald's witnesses have said cattle come
    22        from there was rainforest until recently or there had been
    23        Indians and farmers being displaced.
    24
    25   MS. STEEL:   OK.  I wanted to make it.
    26
    27   MR. JUSTICE BELL:  That is another point.  As you know, what
    28        I am searching for at the moment is whether it is worth
    29        having one more jot of evidence if, when I look at what I
    30        have got already, I have no reason to doubt the accuracy of
    31        the evidence I have so far heard about the areas.  Anyway,
    32        is there anything more you want to say about that?
    33
    34   MS. STEEL:   Yes.  Just on that, I think there is reason to
    35        doubt the accuracy because there has been conflicting
    36        evidence, even between the Plaintiffs' own witnesses.
    37
    38   MR. JUSTICE BELL:  I have got that point.
    39
    40   MS. STEEL:  Just on the issue of power.  Now, several of the
    41        documents that were referred to by Mr. Cesca, he did say
    42        that he could easily get them, and if you want an example
    43        on the same day on day 219, page 61 -----
    44
    45   MR. JUSTICE BELL:  You need not remind me of that.  He made that
    46        quite clear.
    47
    48   MS. STEEL:   Right.  Just in relation to suppliers, as far as
    49        I recall, on every occasion when it has come up previously
    50        McDonald's have basically said that they do not have a 
    51        contract; it is all done on a word of mouth basis and 
    52        trust. 
    53
    54        Now, it is clear from what Mr. Cesca said that, basically,
    55        if they ask for something they get it.  They do not have to
    56        give a reason why they want it, and I think it is extremely
    57        unlikely that if there was a contract it would specifically
    58        say, "... and you cannot have it for legal purposes or for
    59        the purposes of clearing your name", or whatever.  Whether
    60        it is a verbal contract or a written contract the
 
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