Day 163 - 25 Sep 95 - Page 33

     
     1        Brazilian beef.  I do not know if you have transcripts
     2        here -----
     3
     4   MR. JUSTICE BELL:  I think you keep transposing "reasonable"
     5        into "belief".  I think it may not matter much at the end
     6        of the day, but Neill LJ said, first of all, you should be
     7        able to demonstrate that you believe the allegation to be
     8        true, the one which you want to reflect in an amended
     9        pleading, and that you have reasonable evidence to support
    10        the allegation or reasonable grounds for supposing that
    11        sufficient evidence to prove the allegation is available or
    12        will become so.
    13
    14   MR. MORRIS:  I am sorry.  I got that wrong.  I thought it was
    15        reasonable belief.  It is just a belief?
    16
    17   MR. JUSTICE BELL:  Yes, but I did not concern myself with that
    18        aspect in relation to Brazilian beef in July.  What
    19        I concerned myself with was the question of whether you had
    20        reasonable evidence to support an allegation which you
         wished to reflect in an amendment, or reasonable grounds
    22        for supposing that sufficient evidence to prove them was
    23        available or would become so.
    24
    25   MR. MORRIS:  If I could just mention these admissions by
    26        Dr. Gonzales in any event?
    27
    28   MR. JUSTICE BELL:  What date is day 69?
    29
    30   MR. MORRIS:  Day 69 is -----
    31
    32   MR. RAMPTON:  19th December, my Lord.
    33
    34   MR. MORRIS:  Yes, thank you.  Sorry, you do not have the
    35        transcript.  Actually, it is on page 27 of that day.  The
    36        witness said -----
    37
    38   MR. JUSTICE BELL:  Read me into it and then go through the
    39        evidence.
    40
    MR. MORRIS:  OK.  I think the background is that after an
    42        enormous amount of questioning on many different countries,
    43        when it seemed that the answers had been that -- if you
    44        remember, I was questioning Dr. Gonzales about the
    45        suppliers and whether they were supplying McDonald's in
    46        other countries and he was saying they were not -- he then
    47        said at some stage when I had nearly got to the end of the
    48        countries that they may have supplied the suppliers of
    49        McDonald's.  So, there could have been exports going on to
    50        McDonald's from various countries which had not been really 
    51        dealt with in the questioning and answering. 
    52 
    53        You said:  "When you said that", about they may have been
    54        supplying the suppliers of McDonald's, because obviously
    55        McDonald's itself may not buy beef directly, they buy it
    56        from processors, you said:  "What I think you must not do",
    57        you said to me, "is take what he said as an admission that
    58        where he said they do not supply McDonald's, he is
    59        admitting that they supply a supplier of McDonald's".
    60