Day 163 - 25 Sep 95 - Page 35

     
     1        Question:  "So that was not directly to McDonald's; that
     2        was to a supplier that supplies McDonald's?"  Answer:
     3        "That I do not know.  It has to be -- I do not know.  It
     4        will not go directly to a McDonald's; it has to be a
     5        supplier.  Whether it was that supplier associated or
     6        producing from McDonald's, that I cannot tell you."  "That
     7        was from Braslo, was it?"  Answer:  "That is correct."
     8         "But that was not finished products?"  Answer:  "That is
     9        correct."
    10
    11        So there we have two countries where Braslo has supplied
    12        other McDonald's directly or indirectly, Argentina and
    13        Switzerland, by the admission of Dr. Gonzales.  I did not
    14        in the pleading make the general point about our belief
    15        about Brazilian beef must have been exported to McDonald's
    16        in many different countries at different times.  We just
    17        concentrated on those two that -----
    18
    19   MR. JUSTICE BELL:  Do you have my ruling of 25th July?
    20
    MR. MORRIS:  Not in front of me.  I have not got it in front of
    22        me.
    23
    24   MR. JUSTICE BELL:  Is it possible for someone just to -- it is
    25        particularly page 12 in the form in which I handed it down
    26        or read it out, not the approved judgment.  If you look at
    27        page 12 ---
    28
    29   MR. MORRIS:  The revised first amendment?
    30
    31   MR. JUSTICE BELL:  Yes.
    32
    33   MR. MORRIS:  Yes.
    34
    35   MR. JUSTICE BELL:  -- what I did not give you leave to do is
    36        have in the words which you originally wanted.  You
    37        originally wanted it to start off:  "Brazilian beef, some
    38        originally from cattle raised on ex-rainforest land".
    39        I did not allow that, but I allowed it to read:  "Brazilian
    40        beef raised in regions causing the displacement of farmers
         into Amazon forest areas."   Then you wanted it to be "...
    42        has been supplied to McDonald's, including McDonald's UK".
    43        I said, in effect, it should only be those countries where
    44        you had some evidence of it going.  So, I gave you leave so
    45        that it read, "... has been supplied to McDonald's in
    46        Brazil and to McDonald's UK".  Is what you are saying, you
    47        really want that to go on "... or to McDonald's or their
    48        suppliers in Argentina and Switzerland"?
    49
    50   MR. MORRIS:  Yes.  That was my fault really.  I should have 
    51        checked the evidence of Dr. Gonzales thoroughly when we 
    52        made that application.  I must admit, when I read it again 
    53        I had not recalled him saying that at the time.
    54
    55   MR. JUSTICE BELL:  Yes.
    56
    57   MR. MORRIS:  I think that is all on that.
    58
    59   MR. RAMPTON:  I am happy with that last one, my Lord.  I will
    60        not make any comment about the supposed consequences at