At some point in the last few weeks, Trafigura has posted to its website a response to the Dutch Appeal Courts upholding of the guilty verdicts. I append a small portion of that response below:
“On 23rd December 2011, the Dutch Appeal Court confirmed the acquittal but maintained the two convictions. These matters involve complex technicalities and significant legal issues, so Trafigura duly lodged an appeal with the Supreme Court of the Netherlands. Trafigura is satisfied that the acquittal was upheld, but disappointed that the company was not completely cleared. We continue to believe we acted properly and used the correct procedures.” [source] [My emphasis]
So the saga is not over yet.
“We continue to believe we acted properly and used the correct procedures.”
Where is the truth between the two views – Trafigura’s and the Dutch courts?
In December I wrote a series of posts highlighting gaps in our knowledge - I called them Truth Gaps – because it appeared to me that Trafigura’s knowledge of the waste and its actions in Amsterdam and beyond were irreconcilable. Clearly something was missing, we were missing some knowledge to make their knowledge and actions reconcilable.
For those who may have missed these posts I append a portion of one.
“Here I summarise what we know Trafigura knew about the caustic washing of coker naphtha before Trafigura committed the Probo Koala to sail to Amsterdam. Alongside this I put their actions in Amsterdam (before, during and after the visit). I contend that the two are irreconcilable and can only become reconcilable when more information, more truth comes into the public domain.
This extra truth, which we don’t have yet, I call the ‘truth gap’. It’s what we need to understand Trafigura’s actions. Without the new truth we can speculate but speculation leaves us open to Carter-Ruck getting in touch.
Far better to highlight and keep highlighting the truth gap.
Far better to highlight and keep highlighting those areas which don’t stack up.
Far better to ask and keep asking Trafigura to answer questions.
Far better to highlight and keep highlighting those questions Trafigura does not answer (if there are any).
Enough of this. It’s time to identify the truth gap in Amsterdam.
What goes into the Truth Gap?”
I have my views about where the truth lies and what goes into the Truth Gap but only you know your views.