the toxic truth - Greenpeace

the toxic truth
Infringments of three domestic laws were
alleged in this case. Article 3 of the Public
Health Act states that, if the crime is committed
during the course of corporate activity, all
persons who were managing, monitoring
or controlling the activity should be held to
account. 621 Applying this law to the case at
hand should have exposed all three executives,
who were in managing, monitoring or controlling
positions, to possible criminal liability.
Proceeding to trial
In contrast to the decision made with respect
to the Trafigura executives, the Ivorian court
found that there was sufficient evidence to
proceed to trial against 12 other non-Trafigura
individuals implicated in the toxic dumping.
These individuals included: the head of
Compagnie Tommy (Salomon Ugborogbo), the
Commander of the Port Authority, two WAIBS
employees, WAIBS shipping agent, three
customs officials, the Director for Maritime
Affairs at the Ministry of Transport, a port
agent and two mechanics. 622
In relation to the Port Commander, the court
found that he had failed to prevent Compagnie
Tommy and the vessel Probo Koala from
polluting the port area, and that he authorized
and assisted the vessel to leave the port area,
even though he knew there existed a case of
pollution.
The criminal case came to trial on
29 September 2008 and ended on 22 October
2008. No representative from the Trafigura
Group was present during the trial. N’zi Kablan,
the head of Trafigura’s Ivorian subsidiary
Puma Energy, who had been summoned as a
witness for the trial, left the country a few days
before the trial started. According to available
information he has not come back since.
141
Chapter 11
Women protesting
about the toxic
waste dumping.
Photo taken on the
day the trial started,
29 September 2008
© aNP/ePa/legNaN Koula