Day 287 - 25 Oct 96 - Page 05
1 Costa Rica, and that was on page 57 on that day.
2
3 So it is the same people. He obviously was in negotiations
4 with the export division, had relations with the export
5 division. It is the same people, but he was quite happy to
6 give evidence on oath on a global case, as this one is,
7 without having checked any records of any relevance on the
8 subject. In fact, he says "I never did ask for that
9 information because it is none of my business". That was
10 page 43, day 69.
11
12 I am not sure of the exact reference, but it may be day 68,
13 page 60, or around that time, maybe 61, where Dr. Gonzales
14 says Procasa exports to the USA, Mexico and the Caribbean,
15 exports of raw material, and not to McDonald's. Well, they
16 would not be to McDonald's if they are raw material anyway,
17 but....
18
19 The same point I want to make about Guatemala, it is a
20 Guatemala point, that I have made about the other
21 countries, is that the inter-relationship between
22 McDonald's suppliers and the export market is completely
23 confirmed. I mean, obviously the original pleadings
24 referred to Industrie de Granaderos, IGG, which was export
25 into the USA, as we have heard. Dr. Nations was told that
26 they exported to McDonald's suppliers, which he has now
27 responded to in his statement, which I will come on to.
28
29 I think I am still on Dr. Gonzales here -- yes, Dr.
30 Gonzales. The last point I want to make from Dr. Gonzales'
31 evidence is that regarding US beef - day 69, page 45 - he
32 says that a consignment labelled 'US beef' is a hundred
33 percent domestic produce, that would satisfy McDonald's
34 criteria, which flies in the face of all the other evidence
35 on that subject and even McDonald's own admission that they
36 require further guarantees precisely because of the
37 discrepancy in the US labelling laws, which we have looked
38 at.
39
40 Then he goes on to say on that page, or the next page, or
41 possibly page 47: "At present, guarantees are not sought
42 from suppliers. It is in the specification that we use a
43 hundred percent domestic beef and it is the suppliers'
44 responsibility as well as FSIS to follow that." Sorry,
45 that is page 47, line 7. So that is the last point I want
46 to make from his evidence.
47
48 Can I just make a plea that rather than go through any of
49 it here, you have a look at the evidence of Howard Lyman?
50
51 MR. JUSTICE BELL: Yes, I include him as one of your evidence.
52
53 MR. MORRIS: That is good, yes.
54
55 MR. JUSTICE BELL: There is no mystery about why I have read
56 through Mr. Cesca and Mr. Gomez Gonzales carefully and have
57 not re-read your witnesses. By and large your witnesses
58 came towards the end of the case and I thought I remembered
59 them fairly well, so I went back to looking at Mr. Cesca
60 and Mr. Gomez Gonzales and have not yet got round to
