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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