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Probo Koala Updates
16 October 2009
Information concerning draft Minton
report
Please find links to statements from Trafigura; Minton, Treharne
and Davies and Carter-Ruck concerning the lifting of the court
injunction.
Trafigura
Statement
Minton, Treharne and
Davies Statement
Carter-Ruck
Statement
23 September 2009
High Court confirms that Probo Koala ‘slops’ cannot
have caused deaths, miscarriages, or other serious or long-term
injuries
Mr Justice MacDuff today endorsed the Abidjan Personal Injury
Group Litigation settlement in London’s Royal Courts of
Justice.
In doing so, both the Judge and the Claimants’ own legal team
fully endorsed Trafigura’s long-maintained position that the Probo
Koala’s slops simply could not have caused deaths, miscarriages,
stillbirths, birth defects or other serious or long-term injuries.
This followed thorough analysis by 20 independent experts in what
has been by far the most detailed consideration of these matters
anywhere in the world, since the Probo Koala incident in August
2006.
Referring to the Joint Statement (see below) which had been
agreed by both parties and
which was read out in Court, Mr Justice MacDuff confirmed that:
“I know from my own reading of the [court] papers that the
experts were quite clear that the slops could not give rise to the
sort of symptoms and illness which were being claimed in some of
the press. I hope that the media will take account of the Joint
Statement and will put it right, and put things in perspective. I
need say no more except to underline that from where I sit and from
what I have seen of the [court] papers, the Joint Statement is 100%
truthful.”
The Judge also voiced his concerns as to the widespread press
coverage of this matter. He said:
“I have been following what has been happening in the media
both in the newspapers and on TV and radio. I have witnessed myself
how wildly inaccurate some of the statements have been. It can all
be put right with the Final Joint statement. Speaking for myself, I
hope the press that have made statements which have been wrong will
take note of the Joint Statement.”
The libel proceedings that Trafigura brought against Leigh Day
& Co were also resolved today. As a result, Leigh Day & Co
has agreed to withdraw the allegations made on their website on 8
November 2006 and subsequently, and to publish the agreed Joint
Statement prominently on their website. They have also undertaken
not to repeat any of the allegations complained of.
Trafigura Director Eric de Turckheim commented: “Today’s
settlement, and the comments made by Mr Justice MacDuff, fully
endorse Trafigura’s consistent position throughout this process and
the entirely proper way we have conducted ourselves at all
times.
“From day one, we maintained that the ‘trial by media’
initiated against us by Leigh Day & Co, and subsequently taken
up by journalists working for the BBC and Guardian, Independent,
NRK in Norway, and Volkskrant and Greenpeace in Holland amongst
others, was utterly wrong and inappropriate. The English legal
system, and not the media, should have been the sole arbiter of
this entire process.”
ENDS
Refer all enquiries to media@trafigura.com
19 September 2009
SETTLEMENT
VINDICATES TRAFIGURA
Probo Koala
Slops Could Not Have Caused Any Deaths or Serious
Injuries
Leigh Day & Co have today
been forced to accept publicly that they can establish no link
between the slops which were discharged from the Probo
Koala and any deaths, miscarriages or other serious or chronic
injuries. This follows detailed analysis of the evidence by
20 independent experts.
Leigh Day have also acknowledged that, even on their own case,
the slops could, at worst, only have caused a range of short term,
‘flu like’ symptoms and anxiety.
Throughout the proceedings, Trafigura has made clear that so
long as it was wrongly alleged that the company’s actions had
caused deaths, miscarriages and other serious injuries, the company
had no alternative but to defend itself vigorously.
In recent months, as it became clear to Leigh Day & Co that
the nature of symptoms they could seek to attribute to the slops
was extremely low level, it became possible for the parties to
enter into settlement discussions. (It should be noted that,
contrary to some media reports, those discussions began long
before, and were completely unaffected by, the attacks on Trafigura
which were led by the BBC and The Guardian last week).
Leigh Day have withdrawn their previous accusations and have
agreed (in the form of a Court Order) to publish the statement
below on their website.
The settlement announced today is in no way an acceptance of
liability by Trafigura; indeed, in March 2008 the Ivorian criminal
court confirmed that Trafigura had no case to answer. However,
Trafigura has always made clear that it has a strong economic and
social responsibility to the area. Trafigura also recognises that
the slops had a deeply unpleasant smell and their illegal dumping
by Compagnie Tommy caused distress to the local population.
This settlement is the mark of a company that fully
recognises its social and economic commitment to the region.
Ever since the Probo Koala incident in August 2006,
Trafigura has at all times done all it can to assist the people of
Abidjan, working constantly to ensure that any health or
environmental issues arising out of this incident were tackled head
on, including the funding of a clean-up operation. In recent
months, following suggestions of ongoing environmental issues
arising from the Probo Koala incident, Trafigura
commissioned WSP, a leading international environmental
consultancy, to undertake an independent environmental audit around
the Abidjan area. WSP’s report (copies of which are available on
request) confirms Trafigura’s belief that, based on the work
undertaken, there are no ongoing environmental issues arising from
the Probo Koala material nor, therefore, any risk to
health. By contrast, WSP identified a number of other
environmental issues, unrelated to the Probo Koala or
Trafigura, which potentially pose a risk to health. It is these
matters that the Ivorian government and the international community
must seek to address.
Today’s settlement completely vindicates the position held by
Trafigura since the beginning of this litigation in 2006.
Throughout that time, the company has been the target of an
enormous volume of misinformed and defamatory attacks in the media,
by Greenpeace and, most recently, the UN Special Rapporteur, who
unfortunately carried out no proper analysis of the scientific
evidence and rejected Trafigura’s repeated offers to share that
evidence with him.
It is to be hoped that, in light of today’s statement, the media
and other interest groups will approach their reporting of this
matter with greater rigour.
Eric de Turckheim, Director of Trafigura said: “This
settlement completely vindicates Trafigura. Over the past 3
years, the company has been the target of numerous attacks which
have wrongly asserted that Trafigura’s actions led to deaths and
serious injuries. These accusations have now been found to be
baseless and this is acknowledged clearly in the joint statement by
Leigh Day & Co”
He went on to say: “As we make clear in the agreed
statement, while we certainly do not accept legal liability,
Trafigura regrets the Probo Koala incident and in particular the
distress that it caused the local population. We have at all times
sought to discharge our economic and social commitment to the West
Africa region and this settlement is consistent with that
philosophy. We certainly hope that, looking forward, there will be
a more measured discussion of the environmental challenges faced by
countries such as Ivory Coast (as discussed in the WSP report) and
the way in which the international and business communities –
including companies like Trafigura that operate in these regions -
can meet those challenges.”
ENDS
Refer all enquiries to media@trafigura.com
19 September 2009
AGREED FINAL JOINT STATEMENT
- The parties have since August 2006 expended considerable time
and money investigating in detail the events in Abidjan in
2006. As part of that process, in excess of 20 independent
experts in shipping, chemistry, modelling, toxicology,
tropical medicine, veterinary science and psychiatry have been
appointed to consider all the issues relating to those events.
- These independent experts are unable to identify a link
between exposure to the chemicals released from the slops and
deaths, miscarriages, still births, birth defects, loss of visual
acuity or other serious and chronic injuries. Leigh Day
and Co, in the light of the expert evidence, now acknowledge that
the slops could at worst have caused a range of short term low
level flu like symptoms and anxiety.
- From these investigations, it is also clear that there are
many claims which have been made for symptoms, in some
cases perhaps understandably, which are unconnected
with any exposure to the slops.
- In the light of the expert evidence, Leigh Day &
Co withdraws the comments made on its website on 8
November 2006 and subsequently, which alleged, among other things,
that the slops had caused a number of deaths and miscarriages.
Trafigura and Leigh Day & Co have accordingly resolved the
libel proceedings brought by Trafigura.
- Leigh Day & Co deny that any of their clients have made any
deliberately false claims. In the light of assurances given to
their senior leading counsel and in view of his advice, Leigh Day
withdraw any allegation that there has been impropriety on the part
of Trafigura or any of its legal advisors, (including Macfarlanes)
in investigating the claims.
- Leigh Day & Co acknowledge the substantial assistance that
Trafigura provided to the Government and people of the Cote
d’Ivoire, including the provision of medical supplies and payments
for de-contamination of dumpsites and the establishment of a
compensation fund.
- It remains Trafigura’s position that it did not foresee, and
could not have foreseen, the reprehensible acts of Compagnie Tommy
in dumping the slops in and around Abidjan in August and September
2006, and that Compagnie Tommy acted entirely independently of, and
without any authority from, Trafigura. Nevertheless,
Trafigura regrets that this incident occurred and is pleased that
the matter has now been resolved.
16 September 2009
UK GROUP ACTION UPDATE
Trafigura and Leigh Day & Co (acting for
the claimants) have agreed the following joint statement:
- The parties have since August 2006 expended
considerable time and money investigating in detail the events in
Abidjan in 2006, and over 20 independent experts have been
appointed.
- In view of that expert evidence, and the fact
that claims are not being made in this litigation for deaths,
miscarriages, still births, birth defects and other serious
injuries, the parties are exploring the possibility of compromising
the claims which have been made.
- A global settlement is being considered by
the parties and it currently appears that this settlement is likely
to be acceptable to most, if not all, of the Claimants. This will
take time, and in the meantime the parties both consider that it
would be unhelpful and inappropriate to make any further
comment.
Following media enquiries and comments,
Trafigura reiterates its long-held position as follows:
- In October 2008, Trafigura initiated a case management plan
which was agreed with Leigh Day whereby it would compensate
(entirely without any admission of liability) any claimants to the
extent that they could demonstrate any injury had been caused by
exposure to the slops.
- The company has always maintained that the Probo Koala’s slops
could not possibly have caused deaths and serious or long term
injuries. Independent expert witnesses firmly support Trafigura in
this stance.
- Although it was agreed by both parties that the UK group action
case would only focus on causation, Trafigura has always denied and
continues to deny any liability for events that occurred in the
Ivory Coast. The company sought at all times to comply with all
relevant regulations and procedures concerning the offloading of
the Probo Koala’s slops in Abidjan. Compagnie Tommy was a fully
licensed contractor, recommended to Trafigura by an experienced and
reputable Ivorian shipping agent to handle the slops in a legal and
responsible manner. Consequently, Trafigura cannot have foreseen
the reprehensible and illegal way in which Compagnie Tommy then
proceeded to dump the slops.
- Trafigura has consistently stated that the Probo Koala was
returning from a routine commercial voyage to deliver a gasoline
cargo in Lagos, Nigeria, when it stopped in Abidjan. Consequently,
any suggestion that the vessel was sent to West Africa solely for
the purpose of offloading its slops is entirely inaccurate.
We will provide further updates regarding Trafigura’s position
as these arise.
ENDS
Refer all enquiries to media@trafigura.com
16 September 2009
TRAFIGURA’S RESPONSE TO PROFESSOR IBEANU’S REPORT
Trafigura fully recognises and respects the vital work
undertaken on behalf of millions of people around the world by
organisations belonging to the United Nations, including the UN’s
Human Rights Council (UNHRC).
Consequently, the company offered its full cooperation to the
UNHRC’s Special Rapporteur, Professor Okechukwu Ibeanu, in advance
of the publication of his mission report. However, we are appalled
at the basic lack of balance and analytical rigour reflected in the
report, given the gravity of the events surrounding Compagnie
Tommy’s illegal and reprehensible dumping of the Probo Koala’s
slops in and around Abidjan. Within his report, the Special
Rapporteur has reached premature, inaccurate and potentially
damaging conclusions that are entirely unsupported by verifiable
evidence.
Trafigura has, on numerous occasions, offered Professor Ibeanu
assistance and access to information, to ensure an accurate and
balanced report. For example, earlier this year, Trafigura
appointed WSP Environment and Energy to undertake independent
environmental investigations in and around Abidjan. The results of
this work did not identify any compounds specifically related to
the slops at the tested sites and therefore WSP concluded that
there was no related risk to human health caused by the slops at
these sites.
Despite being offered access to WSP’s findings on a number of
occasions, Professor Ibeanu makes no reference to this work in his
report.
By publishing his report now, Professor Ibeanu clearly risks
being seen to pre-judge the ongoing civil legal proceedings in the
UK and criminal proceedings in the Netherlands. Both Trafigura and
its lawyers previously requested Professor Ibeanu to exercise great
caution in this respect and it is deeply regrettable that he has
overlooked these concerns.
In particular, we advised Professor Ibeanu that the Dutch legal
proceedings concerned not only Trafigura but also other parties
(including various private individuals, only one of whom is
connected with Trafigura). By publishing his report now, Professor
Ibeanu is jeopardising these individuals’ human rights as well as
their right to a fair trial.
For the avoidance of doubt, Trafigura has always maintained that
the dumped slops could never have caused the deaths and serious
illnesses which have been alleged. Despite making brief references
to Trafigura’s position in this respect, Professor Ibeanu
frequently conveys the impression that the slops did indeed cause
serious illnesses, without having ever commissioned any scientific
research nor having provided any scientific evidence from other
sources to validate these claims.
As mentioned earlier, Trafigura holds in high regard the
valuable work undertaken by the UNHRC. However, in this particular
instance, it is regrettable that Professor Ibeanu ignored
Trafigura’s attempts to share the large amount of independent
scientific evidence it holds concerning the Probo Koala incident.
The result is a deeply flawed report that does not accurately
reflect the needs of the Ivorian people that Professor Ibeanu
purported to represent.
Moreover, and as we note above, this unbalanced, factually
inaccurate and poorly researched report risks seriously prejudicing
ongoing legal proceedings which, in relation to events in the
Netherlands, may jeopardise the human rights of the individuals
involved.
ENDS
Refer all enquiries to media@trafigura.com
15 May 2009
TRAFIGURA SUES BBC FOR LIBEL
Trafigura Limited, a member of Trafigura Group, the leading
commodities trader, has today issued proceedings for libel against
the BBC in the High Court in London.
The action relates to a broadcast on the Newsnight programme on
13 May 2009 and three related stories on the BBC website,
concerning the Probo Koala, a Trafigura-chartered vessel which
discharged slops in Côte d’Ivoire in August 2006.
Speaking today, a Trafigura spokesman said:
“Trafigura has today brought libel proceedings against the
BBC over its Newsnight broadcast. This decision was not taken
lightly.
Trafigura has always accepted that the Probo Koala
‘incident’ is a matter of public interest and has never objected to
the media reporting on it responsibly. However, the BBC’s one-sided
reports on 13 May were wildly inaccurate and libellous, leaving us
with no choice but to take legal action. There was no justification
or public interest in the BBC misleading its viewers in this
way.
Trafigura has always denied that the slops caused the deaths
and serious health consequences presented by the BBC – a position
fully supported by independent expert evidence which will be
presented to the Court in due course. As the BBC is well aware,
these matters are already the subject of a personal injury action
currently taking place in London. It is deeply regrettable that the
BBC felt it appropriate to prejudge those proceedings in this
sensationalist and inaccurate way.”
ENDS
Refer all enquiries to media@trafigura.com
Statement – UK legal update (November 2008)
Trafigura can confirm that an agreement initiated by Trafigura
was signed between the company and Leigh Day on Thursday 23 October
and this has now been reflected in a Court Order.
The agreement reflects a proposal first made by Trafigura to
Leigh Day on 29 September 2008. By way of very brief summary,
Trafigura has agreed that if the English Court in due course finds
that individual claimants in the proceedings were actually affected
by the slops in ways that can be compensated by the court,
Trafigura will abide by those findings. In other words, Trafigura
will pay any damages assessed by the court in the proceedings.
This means that Trafigura would not require the claimants to go
to the expense of having to prove a technical breach of a duty of
care by the company.
However, claimants would most certainly be required to establish
to the required standard of proof that they were injured in the way
that has been alleged and that this injury was caused by Trafigura.
In other words they have to prove “causation”. Trafigura remains
confident, based on the evidence and the findings of independent
experts, of the strength of its case on causation. If the claimants
are not able to establish causation their claims will fail.
The agreement, which is in effect a case management agreement,
means that both sides in the English group action are spared
lengthy and drawn-out proceedings on a range of legal and technical
issues from which only the lawyers would benefit and which would
not assist in finding out whether the slops could possibly have
caused the injuries alleged. This approach proposed by Trafigura
will lead to a saving of millions of pounds in legal fees.
Trafigura's objective in making this proposal was to put the
interests of justice and those of the parties before the interests
of the lawyers, by saving considerable time and cost. However, it
is important to stress that this proposal is most certainly not, on
any analysis, an admission of liability by Trafigura. Indeed, this
is reflected in the fact that as a result of the case management
agreement, Trafigura has no liability to pay a single penny of
Leigh Day's legal costs to date; Trafigura has therefore declined
to pay towards any such costs.
Trafigura continues to deny both liability and causation and
will defend its position vigorously at an 8-10 week trial in Autumn
2009. It has always been, and remains, Trafigura's position that it
is not liable to the claimants.
ENDS
Refer all enquiries to media@trafigura.com
16 September 2008
Trafigura is in no way responsible for the sickness suffered by
people in Abidjan, although clearly it is sympathetic to their
plight and cares about them as residents of a country where it does
business.
It is falsely alleged that the Probo Koala’s slops made people
ill when this liquid was dumped at several sites around Abidjan in
August 2006. Trafigura is vigorously defending itself against these
damaging and unfounded allegations, as well as the baseless claims
for compensation founded upon them.
Independent experts have analysed the slops and concluded that
they could not have caused the illnesses alleged by Leigh Day &
Co, the British legal firm that is representing some Abidjan
residents. Leigh Day has provided no evidence at all and no
detailed expert analysis of how or why the slops caused the alleged
injuries.
The discharge of slops from cargo vessels is a routine procedure
that is undertaken all over the world. Abidjan is the largest and
most sophisticated port in West Africa, where Trafigura and other
oil companies regularly call many times each year to load oil
cargoes and de-slop. Abidjan’s port deals with over 30,000 tonnes
of slops every year.
In August 2006, an experienced shipping agent in Abidjan
nominated Compagnie Tommy to unload the Probo Koala’s slops.
Compagnie Tommy was fully licenced by the Ivorian government and
authorised by the port to do this work. Trafigura checked the
credentials provided and made an independent check with the port
authorities. Proper procedures were followed as the slops were
removed from the ship, with the written authority of the Ivorian
government and the routine presence of port and customs
officials.
Consequently, it was unforeseeable that Compagnie Tommy would
dump the slops at various sites in Abidjan. Their actions were
atrocious and illegal.
People living near these sites were suffering health problems as
a result of untreated pollution and waste long before Compagnie
Tommy arrived with the slops. This is an environmental tragedy, but
it is not one caused by Trafigura.
As a major trading company in West Africa, Trafigura believes it
has an economic responsibility to the region. It also has
considerable sympathy for the people of Abidjan and is working with
the government to improve their lives.
That is why, since an initial protocol agreement was signed on
13 February 2007, Trafigura has contributed €157.6 million to the
Ivorian government. This support has, amongst other things, funded
an environmental audit, remediation operations for the removal of
slops dumped by Compagnie Tommy and ongoing follow-up monitoring in
Abidjan. In addition, €7.6 million was specifically earmarked for
purposes connected with healthcare, education and environmental
issues above and beyond remediation work.
This decision does not represent any admission of liability
regarding the Compagnie Tommy incident. Trafigura has a policy of
establishing and maintaining long-standing commitments within areas
where it has business operations – see The Trafigura Foundation section for more
details.
Trafigura is defending the action brought against it by Leigh
Day & Co, which is without foundation. It is not right that the
company should pay for events caused by others. Trafigura is also
bringing a libel action against Leigh Day & Co regarding false
accusations made about Trafigura. The company will not allow its
good reputation to be unfairly tarnished in this way.
In the Netherlands, the Dutch Public Prosecutor has charged
Trafigura, and a number of other companies and individuals, in
connection with the visit of the Probo Koala to Amsterdam in July
2006. The company fundamentally denies any wrongdoing and will
vigorously defend itself against these charges.
End
Refer all enquiries to media@trafigura.com
16 April 2008
The Ivorian government and Trafigura BV, as specified in the
Protocol Agreement of 13 February 2007, have finalised all
outstanding issues and liabilities:
- Following independent environmental audits it was agreed by all
parties that only a limited amount of additional work is required.
As a thorough risk analysis has already been carried out, together
with the majority of agreed remediation operations, it was decided
that the Ivorian State will take responsibility for the additional
work. Therefore an additional sum of €7.6m will be paid by
Trafigura to fund completion of this work and the undertaking of
follow-up monitoring operations.
- The State will conduct these follow-up operations and
post-works monitoring through its specialist environmental agencies
and the contractor, Biogénie.
- The outstanding sum of €7.6m originally stipulated within the
Protocol Agreement, will be paid now by Trafigura to the State for
purposes connected with healthcare, education and environmental
issues.
- The State has confirmed that Trafigura has now complied fully
with all its obligations under the 13 February 2007 Protocol.
End
Refer all enquiries to media@trafigura.com
19 March 2008
On 19 March, the Ivorian Court of Appeal ruled that due to a
lack of evidence no criminal charges will be pursued against the
Trafigura group, its companies or any of its employees. This
decision, which was not contested, is now irrevocable and brings
the case before the Ivorian criminal courts to a close.
For the record, the Ivorian courts had already passed a civil
decision establishing that the State of Ivory Coast would waive its
action for liability and damages.
End
Refer all enquiries to media@trafigura.com