Day 097 - 06 Mar 95 - Page 38

     
     1
     2   MR. JUSTICE BELL:  There we are.  Maybe you will be able to say
     3        that could not be reliable if it may have been hearsay.  We
     4        have had the evidence of Dr. Pattison since or some of it.
     5
     6   MR. MORRIS:  We obviously make the same point about Mr. North's
     7        visit.  This was on my page 12, the paragraph starting:
     8         "Mr. Morris also asked".
     9
    10   MR. JUSTICE BELL:  Yes, let me just read that.
    11
    12   MR. MORRIS:  He did say that again he had not had access to
    13        documents because of the Plaintiffs' specification.  He did
    14        say that there can be an inverse correlation between visual
    15        appearance and fundamental hygiene problems.  I think it is
    16        only fair that we have access to documents in the
    17        possession of the Plaintiffs.
    18
    19   MR. JUSTICE BELL:  I have ruled on that in the paragraph which
    20        you have referred me to.
    21
    22   MR. MORRIS:  Then the next point (which is a very important
    23        point) is the soya matter:  Two things, really, whether
    24        documents are in the power or possession or control of the
    25        Plaintiffs, of McDonald's, and whether there is evidence
    26        about the Brazilian connection.  First of all, if
    27        McDonald's have documents in their own possession, they
    28        should be disclosed.  It is our believe that they must have
    29        documents in their possession about this issue, as it was a
    30        matter of great controversy and continues to be a matter of
    31        controversy.
    32
    33        I did point out that we asked for correspondence between
    34        McDonald's Germany and L&O Fleischwaren and, presumably,
    35        McDonald's Germany would have copies of that
    36        correspondence, and any other relevant correspondence
    37        documents they have got.  So, whereas in your ruling you
    38        said that documents in the possession of Raiffeisen or L&O
    39        Fleischwaren would not be in the possession, custody or
    40        power of the Plaintiffs, but I think the documents in the
         possession of McDonald's should be -----
    42
    43   MR. JUSTICE BELL:  You see, they are not a Plaintiff.  We went
    44        through all this in any event.  Maybe I should have said
    45        "or McDonald's Germany", but I have said in any event that
    46        you did not draw my attention to any evidence which
    47        suggests that any soya bean meal which has been used to
    48        feed cattle to provide meat for McDonald's products in
    49        Germany has come from a rainforest country.
    50 
    51   MR. MORRIS:  Yes, I was just about to do that but did not. 
    52 
    53   MR. JUSTICE BELL:  You did not actually do it, you see.
    54
    55   MR. MORRIS:  I just assumed that was obvious because it was in
    56        the Plaintiffs' own witness statement, so if I could just
    57        refer you to the page number ------
    58
    59   MR. JUSTICE BELL:  Do not do it now because it is quarter past
    60        one when we have still got rainforest some way ahead.  If