Day 061 - 05 Dec 94 - Page 13
1 not. That is your comment at the end of the day.
2
3 I think you ought to think about just why, if at all, you
4 do need any extra documentation if it exists. At the
5 moment I am assuming it does not exist because this is all
6 that has been disclosed. You have to ask yourselves what
7 you gain from pushing for McDonald's to prove that which
8 you say they have not proved.
9
10 MR. MORRIS: Maybe we will have to think about it later.
11
12 MR. JUSTICE BELL: This is not the end of the road because you
13 have Mr. Van Erp. What will come out of that and how
14 reliable any evidence he gives will be -----
15
16 MR. RAMPTON: My Lord, the only area -- I am trying to be
17 helpful -- where, as far as I can tell from looking at
18 Mr. Oakley's statement, there is not either the documents
19 we have got in this pink file V or else the evidence of
20 Mr. Van Erp is (c) on page 9 which are the paper two and
21 four hole trays, otherwise everything is either dealt
22 with. Toilet rolls and kitchen towels are dealt with in
23 that letter from whoever it is, I cannot remember now -----
24
25 MR. JUSTICE BELL: At the end of the day, if this is thought to
26 be important, no doubt, on one or both sides, some kind of
27 analysis will be done of just what evidence (which is
28 evidence rather than what someone has told someone who has
29 told someone) there is as to recycled content.
30
31 What I am at the moment seeking to answer is Mr. Morris'
32 request for guidance as to what can be done about any
33 further documentation. I think the answer is nothing,
34 because McDonald's has said there is not any more. So, you
35 will have to sit down and think about -- in any event, you
36 will not be sitting down and thinking about it until after
37 you have heard Mr. Van Erp. You will be able to go through
38 it and say: "Well, there was evidence of this but not
39 evidence of that". Mr. Rampton, if he thinks it
40 worthwhile, will do the same exercise. But there is
41 nothing I can do to dig out documents which have not been
42 disclosed, not disclosed, I am assuming, on that basis that
43 there is not anything to disclose now.
44
45 MR. MORRIS (To the witness): Mr. Oakley, just one question
46 before Helen comes back: These documents that have been
47 disclosed, these three documents that have been disclosed,
48 presumably, there would be many like that, would there
49 not? You may not still have them in your possession but
50 there would be many like that?
51
52 MR. JUSTICE BELL: At one time would there have been similar
53 documents?
54 A. I would think so, depending on the conversations and
55 the content of the meetings.
56
57 MR. MORRIS: Yes, I mean, every year there must be dozens of
58 documents like this?
59 A. On price negotiations and -----
60
