Thursday, 24 June 2010

Trafigura Defence: Snippets

AFP carries a report on some of the points made today by Trafigura’s defence.  The full article is appended.

“Lawyers for a firm charged with dumping possibly deadly waste in the Ivory Coast in 2006 argued Thursday that the case against it was based on a "myth", spread by greens, politicians and the media.
The Ivorian government says 17 people died after caustic soda and petroleum residues were shipped away from the Port of Amsterdam and redirected to Abidjan, where they were dumped on city waste tips.
Multinational Trafigura, whose chartered ship the Probo Koala dumped the waste in Ivory Coast, is charged with breaking Dutch environment and waste export laws and faces a two-million-euro fine at its trial in the Netherlands.

The company, which has already reached an out-of-court settlement with the Ivory Coast government, denies any link between the waste and casualties.
"It has not been proven that the events in Ivory Coast caused serious harm to the health of the population, or that they could have done," defence lawyer Mischa Wladimiroff told the court Thursday.

He said the toxic waste had fuelled "a defamation campaign against Trafigura by environmental activists, journalists and politicians."

The case, he argued, was built on a "myth", based on "numerous suppositions based on the incorrect facts" relayed by the media and politicians on the harm caused by the waste.

"Were it not for political pressure... Trafigura would not be appearing here as a defendant in your court," he told the judges.

Trafigura is standing trial alongside waste treatment company Amsterdam Port Services (APS) and the Ukrainian captain of the Probo Koala.

The waste, slops from the cleaning of fuel transportation tanks, was pumped back into the Probo Koala and taken to Ivory Coast after APS demanded a higher price for treatment as it was more toxic than previously thought.

Trafigura declined to pay the increased price.
The firm's damages settlement with the Ivory Coast government, reached in February 2007 for 100 billion CFA francs (152 million euros, 225 million dollars), has exempted it from legal proceedings in that country.
A court case in Britain was dropped after a 33-million-euro settlement for 31,000 plaintiffs was reached in September last year on the basis of an independent experts' report that found no link between the waste and 17 deaths and thousands of poisoning cases claimed by the Ivory Coast.

But a United Nations report published last September found "strong" evidence blaming the waste for at least 15 deaths and several hospitalisations.

The trial is expected to conclude on July 9 with a verdict to be announced on July 23.”

[I acknowledge AFP’s copyright.]

There’s nothing surprising in the reported statements made on Trafigura’s behalf but they seem to me, at least, to have nothing to do with the merits of the case: they’re flannel designed to deflect.

I must add though that the prosecution case may itself have been full of equivalent statements.  I just don’t know.

Beyond this I make no judgment or comment: to do so would be to invite ridicule.

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