Greenpeace has reported that Claude Dauphin, one of the founders of and largest shareholder in Trafigura, can be prosecuted for his part in the Probo Koala incident. Dauphin has 2 weeks to appeal.
In July 2010, I reported that:
‘Claude Dauphin – Trafigura’s chief executive - escaped prosecution on the basis that he found out about the Probo Koala’s waste only in mid-August 2006, days before the waste’s dumping.’
Leaked emails showed he was aware long before mid-August 2006.
A rough translation of the Greenpeace press release is shown below:
Criminal prosecution of Trafigura’ s president
Amsterdam January 30, 2012— After a long procedure with objection and appeal up to the highest Court of the Netherlands, the Court of Appeal Amsterdam has today decided that the Public Prosecutor may prosecute Trafigura’s president Claude Dauphin in the case of the Probo Koala.
Dauphin may actually be prosecuted for leading the illegal export of the waste from the Probo Koala to Ivory Coast.
Evidence that - also thanks to research of Greenpeace - has become public in recent years shows that the President-Director of Trafigura, Claude Dauphin knew and was involved from the beginning till the end, from the generation of the toxic waste till the delivery of the waste to Ivory Coast. Previously leaked e-mail correspondence between Dauphin and staff of Trafigura shows that the multi billion oil trader was aware that the experimental caustic washing process carried out aboard the vessel Probo Koala would generate toxic waste. It was also known by the company that such toxic waste could only be processed in a few places and that it would be expensive. It was also known within the company that the export of waste from the European Union was prohibited.
In the opinion of Greenpeace it was therefore a deliberate circumvention of legislation. The judges also came to that conclusion and the Amsterdam Court of Appeal only recently (December 23, 2011) found the company Trafigura guilty on the deliberate and illegal export of waste from Europe to Ivory coast.
Greenpeace is pleased that the highest boss of Trafigura is now accountable for a judge. Marietta Harjono, Greenpeace: "Dauphin was personally involved and knowingly accepted the risk of causing harm to human health and the environment by transferring the toxic waste to Ivory Coast."
[The original can be read here]
We await developments with great interest.