Former CEO Thorleif Enger and three other eksdirektører Yara District Court sentenced to between two and three years in prison for gross corruption in Libya and India.
All four appealed, and the appeal goes to Court of appeal until December.
the four are accused of having paid $ 1.5 million to the son of the former Chairman of the government, the Libyan oil company, which according to the indictment also served as oil minister in the country.
Three of them are also charged with having paid $ 1 million to the son of a senior bureaucrat in the Indian fertilizer ministry.
Four “no” from the Yara defendant to appeal started
Before 10:10 jurors in December to decide the question of guilt, they must find answers to these questions:
What exactly is corruption?
The defense believes that Norwegian authorities must prove that the conditions of payment in reality, was signed by the fathers, not the sons, who received one million payments.
If they fail to prove it, there is no corruption, they believe.
it is not ØKOKRIM agree. the prosecutor and chief public prosecutor in ØKOKRIM Marianne Djupesland, says there is a clear benefit to policymakers that their children will be enriched.
– If a Norwegian construction company, for example, buying an apartment in London for his daughter to the transport Minister, there is still a bribe of minister, as long as she knows that her daughter receive the apartment, she said.
Yara is the world’s largest supplier of mineral fertilizers with over 7,600 employees and operations in more than 50 countries.
in april 2011, notified Yara ØKOKRIM about possible corruption related to a project in Libya.
in January 2014 adopted Yara a fine of 295 million by Norwegian authorities for gross corruption in Libya, India and Russia. Yara has acknowledged bribes over 70 million.
This included $ 4.5 million promised son of the chairman of Libya’s state oil company, also according to Norwegian authorities worked as the country’s oil minister. $ 1.5 million was paid into an account that her son possessed in Switzerland.
$ 3,000,000 were promised son of a senior Indian official. Autumn 2007 was $ 1 million paid by companies and accounts in Liberia, Hong Kong and the Virgin Islands.
ØKOKRIM believe bribes were rooted in the group’s previous management, and took out indictment. Four people in the former top management, including CEO Thorleif Enger, was last summer sentenced to between two and three years in prison for the conditions.
Both the four inmates denying guilt, and prosecutors appealed. The appeal started on August 23 in Court of Appeal. The government has time until 16 December to the case.
Source: NTB
What did Yara again for bribes?
Defender for former legal director Kendrick Wallace, Arild Dyngeland, stressed that they have rules against corruption because one fear that policy makers be influenced to make decisions they would not otherwise taken.
– In the assessment of evidence must see if there are traces of such an expectation from Yara’s side, and if you see evidence that there has been attempt to exert an influence that constitutes a corrupt relationship, he said.
he believes the documentation does not give any sign that fathers either in Libya or India have contributed to turning the negotiations in Yara’s favor.
here too divergent interpretation of the law between defenders and Norwegian authorities.
– the key issue is whether the amount is so large that it is likely to influence, there is no need for the law that they receive a re-performance, says Djupesland.
Had fathers so much power that Norwegian authorities claim?
Yara case has been referred to as Norway’s most serious corruption case, partly because it was the sons of high-ranking foreign officials who were bribed and because they believe bribes are approved by senior management in Yara.
Libya’s payment going to the son of the chairman of the state oil company. Norwegian authorities believe the father also served as the country’s oil minister, and partly based on an internal report from the Foreign Ministry and an obituary of al-Jazeera.
The defense believes it is wrong, and shows including the oil industry was controlled from Prime Minister’s office, and that the chairman was not represented in the council which made the decision that cooperation with Yara.
Also in India believes that defense ØKOKRIM exaggerating the power of toppbyråkraten Yara to have bribed. They show that he as the state representative was only one of 11 directors of the company Yara negotiated with.
What did each of bigwigs?
For Wallace, who does not dispute that he entered into payment agreements on behalf of Yara, it is important to show that they were not corrupt.
for the other three in the dock, it is also important to prove that they did not know enough to agreements that they should intervene .
– If one comes forward to entering into the agreement with the father, has Thorleif Enger endorsed this ?, asked Engers defender Ellen Holager Andenæs.
Fields claims he did not know to whom the father of the consultant in Inda was.
in Libya he knew not that it was hired a consultant at all. Also Tor Holba and Daniel Clauw claim they were not aware of the agreement.
Can Frenchman Clauw set for Norwegian right?
No, claims defender Fredrik Berg. He believes legislative changes that came after the judgment of the district court declined allows foreigners who do not live or have lived in Norway can no longer be set for Norwegian law for acts committed abroad.
Thursday went Berg throughout Clauws calendar to show how little he had been in Norway between the actions he is accused of took place.
Norwegian authorities believe Clauws actions have sufficient ties to Norway, partly because he traveled on behalf of Yara and was ” regular “in Norway, that he can be of Norwegian law.
This question must jury to decide, in addition to about Clauw has been guilty of serious corruption.
ØKOKRIM : – The matter is quite simple
– We believe the matter is actually quite simple. The indictment is based on the construction of a corrupt relationship with key decision makers in Libya and India, said chief public prosecutor Marianne Djupesland in ØKOKRIM when she initiated the case on Tuesday.
Thorleif Enger ready for new legal marathon
A former sales manager at Kongsberg group was earlier this month on charges of having drained the company nearly 180 million. How he did it.
Norwegian authorities found no evidence of corruption – dropped the case against Kongsberg group.
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