Day 159 - 20 Jul 95 - Page 12

     
     1        for the Plaintiffs to have to go scurrying off
     2        three-quarters way through the trial, as it will then be,
     3        to try and find some evidence to refute something which has
     4        come out of the blue.
     5
     6        Therefore, I should just refuse to allow it to come into
     7        the case at that late stage.  The nearer one gets to the
     8        end of the case, the more that is likely to happen.  So
     9        I do urge you, if you think there are aspects of your case
    10        on destruction of the environment where one of your
    11        potential witnesses can say more, you really have to get it
    12        down on paper and disclose it.  I am not asking for a
    13        response to that now.  I am just saying it so you can think
    14        about it.
    15
    16   MR. MORRIS:  If I may say, the Collins' map did refer to
    17        tropical forest, tropical rain forest, vegetation other
    18        than rain forest dominant, which certainly implies that it
    19        includes rain forest, which it goes to back up our
    20        reasonable belief that the whole of the Amazon region is
         relevant and the whole of the tropical forest, it is very
    22        hard to make strict definitions where rain forest finishes
    23        and cerrado forest begins.  But, in any event, the whole of
    24        the region is ecologically biodiverse and under threat of
    25        cattle ranching.  So I think the Collins' map is very
    26        helpful, but we can certainly try and get more detailed
    27        information.
    28
    29        I cannot see ultimately what the problem is; if the
    30        Plaintiffs are so convinced of their case on this subject,
    31        they should welcome the amendment.  If their concern is
    32        only about discovery, then that is a separate argument on
    33        whether, what the consequences of the amendment are or
    34        should be.  But if they have nothing to hide, then they
    35        should welcome us to identify what our case is as clearly
    36        as possible.
    37
    38        That is all really.
    39
    40   MR. JUSTICE BELL:  Very well, thank you.  The other
         matter  -----
    42
    43   MS. STEEL:  I just wanted to check whether there was anything
    44        I wanted to say.
    45
    46   MR. JUSTICE BELL:  I would welcome, unless people need them, if
    47        I could have copies of any original atlases that are in
    48        court of which these are photocopies, particularly the
    49        Collins' one because the colouring is not at all easy to
    50        follow on the photocopy.  All I need is that they be left 
    51        on the table here. 
    52 
    53   MR. RAMPTON:  My Lord, this map (which we have not used, neither
    54        we, nor your Lordship, nor the Defendants) Mr. Walker got
    55        when he was in Brazil, I think.  It might be the best one
    56        in some senses, largely because -----
    57
    58   MR. JUSTICE BELL:  What I suggest, I will try to spend not too
    59        much time looking at the maps.  They are absolutely
    60        fascinating.