  Trafigura offers payout to 31,000 victims of toxic dumping Secret email trail exposes truth behind £100m legal battle.
The Guardian can reveal evidence today of a massive cover-up by the British oil trader Trafigura, in one of the worst pollution disasters in recent history. Internal
emails show that Trafigura, which yesterday suddenly announced an offer
to pay compensation to 31,000 west African victims, was fully aware
that its waste dumped in Ivory Coast was so toxic that it was banned in Europe. Thousands
of west Africans besieged local hospitals in 2006, and a number died,
after the dumping of hundreds of tonnes of highly toxic oil waste
around the country's capital, Abidjan. Official local autopsy reports
on 12 alleged victims appeared to show fatal levels of the poisonous
gas hydrogen sulphide, one of the waste's lethal byproducts. Trafigura
has been publicly insisting for three years that its waste was routine
and harmless. It claims it was "absolutely not dangerous". It has until now denied compensation claims, and its lawyers
repeatedly threatened anyone worldwide who sought to contradict its
version. It launched a libel case against BBC Newsnight, forced an
alleged correction from the Times, demanded the Guardian delete
articles, and yesterday tried to gag journalists in the Netherlands and
Norway with legal threats. But the dozens of damning internal
Trafigura emails which have now come to light reveal how traders were
told in advance that their planned chemical operation, a cheap and
dirty process called "caustic washing", generated such dangerous wastes
that it was widely outlawed in the west. The documents reveal
that the London-based traders hoped to make profits of $7m a time by
buying up what they called "bloody cheap" cargoes of
sulphur-contaminated Mexican gasoline. They decided to try to process
the fuel on board a tanker anchored offshore, creating toxic waste they
called "slops". One trader wrote on 10 March 2006: "I don't know
how we dispose of the slops and I don't imply we would dump them, but
for sure, there must be some way to pay someone to take them." The
resulting black, stinking, slurry was eventually dumped around
landfills in Abidjan, after Trafigura paid an unqualified local man to
take it away in tanker trucks at a cheap rate. Trafigura's libel
lawyers, Carter-Ruck, recently demanded the Guardian deleted published
articles, saying it was "gravely defamatory" and "untrue" to say
Trafigura's waste had been dumped cheaply and could have caused deaths
and serious injuries. The Dutch paper Volkskrant and Norwegian TV said
they were yesterday also threatened with gagging actionsTrafigura also
launched a libel action against the BBC's Newsnight, complaining it had
been wrongly accused of causing deaths, disfigurement and miscarriages,
and had "suffered serious damage to their reputation". The BBC filed a
fighting defence this week, accusing Trafigura of knowing its chemicals
were "highly toxic, potentially lethal and posed a serious risk to
public health". The broadcaster also alleged a cover-up, saying
Trafigura's denials "lack credibility and candour". The UN human
rights special rapporteur, Professor Okechukwu Ibeanu, criticised
Trafigura for potentially "stifling independent reporting and public
criticism" in a report the oil trader tried and failed to prevent being published in Geneva this week. He
wrote: "According to official estimates, there were 15 deaths, 69
persons hospitalised and more than 108,000 medical consultations
there seems to be strong prima facie evidence that the reported deaths
and adverse health consequences are related to the dumping." Trafigura's
lobbyists, Bell Pottinger, claimed to be "appalled" by the report,
saying it was "premature", "inaccurate", "potentially damaging",
"poorly researched", and "deeply flawed". Yesterday Greenpeace
launched a legal action in Amsterdam calling for the oil firm to be
prosecuted there for homicide or grievous bodily harm. It said: "This
intentional pollution
has caused many people to suffer serious
injuries and has even led to death." Trafigura said it "utterly
rejected" claims of a cover-up. "Every statement that has been made
has been made in good faith". The firm said the autopsy reports were
unreliable and that hydrogen sulphide in the waste was only there in
"potential" form. It had never actually been released. It said the
emails contained "crude and distasteful" language, but had been taken
"out of context" and should "not be taken literally". It repeated
denials that the slops could have caused death or serious injury, and
were highly toxic. It denied lying about the composition of the slops. A
sudden public announcement about the settlement offer in the
compensation case followed legal attempts yesterday to prevent
publication of Trafigura documents. The compensation deal is likely to
be confirmed imminently, according to Martyn Day, a senior partner at
the British law firm Leigh Day, which has brought one of the biggest
group actions in legal history, seeking damages of £100m. He said today in Abidjan, where he has been negotiating the settlement: "The claimants are very pleased." Trafigura
said the deal for an undisclosed amount was likely to be acceptable
to most if not all of the claimants. It was based on an acceptance that
the company had no liability for the most serious deaths and injuries
alleged in the dumping scandal. Trafigura says it is the world's
third-biggest private oil trader, and declared a $440m profit last
year. Its 200 traders are reported to receive annual bonuses of up to
$1m each. |