Day 070 - 20 Dec 94 - Page 04

     
     1   MS. STEEL:  Hand a copy to the Plaintiffs.
     2
     3   MR. JUSTICE BELL:  You had better give me a copy as well, if you
     4        have one, and I will put it with the one I had originally.
     5
     6   MR. MORRIS:  Just to explain what happened on that, we got sent
     7        five originals from the US DA when we got the letter with
     8        all the documents in, so what I gave to the Plaintiffs was
     9        not an original.  I did not realise that one of them had
    10        headed paper.  But they were all date stamped.
    11
    12   MR. JUSTICE BELL:  Unless Mr. Rampton has anything else to
    13        mention before you come to it, do you want to go to your
    14        list of some outstanding legal issues for discussion and/or
    15        resolution?
    16
    17   MR. MORRIS:  We would like to, yes.  Again, it is in no
    18        particular order.
    19
    20   MR. JUSTICE BELL:  If it is on the list, give me the number
         which you are going to deal with.
    22
    23   MR. MORRIS:  We will work through it as it is:  documentation
    24        first, outstanding discovery, firstly, on environment.
    25        Costa Rica -- I am thinking on my feet here -- we were
    26        expecting some substantial disclosure following
    27        Mr. Ray Cesca's affidavit which we got about one minute
    28        before we started today.
    29
    30   MR. JUSTICE BELL:  Let me read Mr. Cesca's affidavit.  In fact,
    31        I will read both the affidavits. (Pause)  Yes.
    32
    33   MR. MORRIS:  I have not really had a chance to digest even the
    34        first one by Mr. Cesca, but my first impression is that not
    35        a single document has yet been discovered and, with the
    36        exception of one or two "maybe's", as far as
    37        Coope Montecillos is concerned (which is what I was talking
    38        about) and Costa Rica, it looks like we are not going to
    39        get anything of any substance.
    40
    MR. JUSTICE BELL:  What is the present plan, if any, as to when
    42        Mr. Cesca would be called?
    43
    44   MR. RAMPTON:  My Lord, he will be called in his proper place in
    45        the penultimate issue of the case, which is the rainforest.
    46
    47   MR. JUSTICE BELL:  What happens then if he says anything similar
    48        to what Dr. Gomez Gonzalez says about seeing records,
    49        whether or not Dr. Gomez Gonzalez was right about what he
    50        recollected seeing and when; what happens if Mr. Cesca 
    51        then, under questioning, recalls documents which may be 
    52        still in existence which we have not seen? 
    53
    54   MR. RAMPTON:  My Lord, I cannot answer that question.  I am not
    55        sure what it was that that Dr. Gomez Gonzalez was speaking
    56        of.  I have an idea.  I have not yet re-examined
    57        Dr. Gomez Gonzalez.  Mr. Cesca has not yet had an
    58        opportunity of reading Dr. Gomez Gonzalez' evidence, which
    59        he certainly will do before he comes to give evidence
    60        himself.  If there is anything that Dr. Gomez Gonzalez said