Day 082 - 01 Feb 95 - Page 10
1 MR. MORRIS: -- overall case. I think that we were a little bit
2 concerned -- that might be a bit strong actually.
3
4 MR. JUSTICE BELL: I think what I was saying is for the purposes
5 of discovery, and particularly deciding whether it was
6 necessary for the fair disposal of the case -- I had to try
7 to get my mind around it, but you were perfectly open to
8 argue, for instance, that 80 tonnes would be enough for
9 your purposes, so far as your argument was concerned, but
10 I have not shut my mind on that.
11
12 MR. MORRIS: Yes. It was not just the amount; it was the whole
13 issue of any beef exported from rainforest countries and
14 related matters to do with international trade which is
15 part of the Fact Sheet and imbalance in international
16 trade.
17
18 MR. JUSTICE BELL: I will certainly read that. For the moment,
19 just tell me what particular documents you have in mind.
20
21 MR. MORRIS: Again I think that is dealt in the Brazil thing;
22 the Costa Rica is that there is quite a substantial -- the
23 trouble with Mr. Rampton is that you say you are making
24 enquiries, then nothing happens until we bring it up.
25
26 MR. JUSTICE BELL: Do not descend into argument now.
27
28 MR. MORRIS: Mr. Rampton keeps heckling me.
29
30 MR. JUSTICE BELL: Just tell me what sort of documents you
31 have -----
32
33 MR. MORRIS: Mr. Rampton, on day 70, I think it is between pages
34 4 and 9 -- there were five pages of discussion -- and
35 Mr. Rampton was going to be looking into the whole area of
36 the Costa Rican documents which Dr. Gomez Gonzales had
37 seen. He was going to make sure that happened by the end
38 of January. Dr. Gonzales was expected to come back in
39 February and we were expecting to have the documents, if
40 indeed he was correct in saying that he saw them.
41
42 MR. RAMPTON: My Lord, again I do think it invidious for
43 Mr. Morris to give what my recollection tells me is a
44 half-baked account of what I said. I do remember some
45 discussion.
46
47 It is much better, in my submission, that the Defendants
48 write down on a piece of paper a request for specific
49 discovery -- it need not be formal -- particular documents
50 which they say we should disclose and have not disclosed,
51 then the matter can be properly argued on Monday because,
52 my recollection is that I said there might be difficulties
53 in that we could not speak to Dr. Gomez Gonzales until he
54 had finished his evidence. They have plenty of time -----
55
56 MR. JUSTICE BELL: I will tell you the exercise I would like to
57 go through: I will listen to anything you want to say to
58 me about McDonald's saying they would look into whether
59 there are documents in a certain area -- have you actually
60 got round to having one of these yet?
