Day 002 - 29 Jun 94 - Page 32


     
     1        particular, to the States; not because we feel that they
              do not do any other importing or exporting from one
     2        country to another, but because, bearing in mind the
              resources we have had, we have had to throw focus on
     3        specific countries as an example.
 
     4        It will be our case that if McDonald's has a policy, that
              policy is either completely not adhered to and they are
     5        reckless in their drafting of policies and their imposing
              of them, or that it is a standardised policy that applies
     6        everywhere.
 
     7        Therefore, if when they opened in 1970 (as they have
              admitted and they will admit at trial) that they were
     8        using land as recently deforested as, say, seven or eight
              years before, because we are talking about the early 60s,
     9        bearing in mind the cycle of destruction of a particular
              area of forest before it becomes possible to use it for
    10        hamburger production, then that is clearly -- although it
              was denied by McDonald's -- if that is what was, in fact,
    11        happening (as it now has been admitted it was) and no
              action has been taken about that, or was taken about that,
    12        as far as we can see, certainly no discovery about that,
              then it is clear that they either had no policy, in which
    13        case they were reckless as to the effect their business
              had on the rainforest, considering it was happening, or
    14        they had a policy and it allowed for the destruction of
              rainforest or it was not.  We do not know what their
    15        policy was in 1970 because they only had a rainforest
              policy, as far as we can see, from May 1989 onwards, just
    16        before they brought this case.
 
    17        So, I did not put that as best as I wanted to, but what
              I am trying to say is that we are focusing on Costa Rica
    18        and Guatamala as an example of the reality of McDonald's
              use of ex-rainforest land for their burgers and also of
    19        whether their policy on imported beef, no imported beef,
              is, in fact, plausible or implausible.
    20
              We will also be calling a witness from the States who is
    21        an expert on US beef labelling policies.  He will be
              demonstrating that all fastfood corporations -- it is not
    22        possible for a corporation to say that they have never
              used imported beef in the States because of the anonymity
    23        of the imports once they are imported into the States.
 
    24        If McDonald's did have a policy from May 1989 onwards of
              requiring certificates from suppliers on this subject,
    25        then it is completely implausible that they say they had
              an unwritten rule about sources of beef and ex-rainforest 
    26        land, and things like this, before that time, if they had 
              no written policy -- as far as we can see, they did not 
    27        have any policy.
 
    28        That sketches that particular subject.  The next part of
              that section is in brackets because it is a separate
    29        point.  It is about their use of recycled paper, saying
              that only a tiny per cent of their paper is recycled.  As
    30        we have heard from Helen, in the States in 1989, although
              they have avoided in general any discovery to do with

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