Monday, January 5, 2015

Pleaded not guilty of gross corruption – Aftenposten

Pleaded not guilty of gross corruption – Aftenposten

Aftenposten economics editor Ola Storeng call the trial a wakeup call for Norway.

– We must distinguish between muck on his fingers, and what qualifies to prison, says Storeng about the trial, which is scheduled to last until the end of March.

View the entire comment Ola Storeng over.

– Not guilty

The four former Yara peaks rejected all guilt on all counts when the case against them started in the Oslo District Court Monday.

Former CEO of Yara, Thorleif Enger, together with the former vice presidents Kendrick Wallace, Daniel Clauw and Tor Holba indicted for serious corruption.

All four are accused of having contributed to pay bribes to the son of Libya’s former oil minister in connection with negotiations on a collaboration gjørdselproduksjon with the national oil company.

None of the defendants wanted to be photographed elller talk press when the case started Monday morning.

– Meadows gave consent

All, with the exception of Holba, is also accused of having contributed to pay bribes to the son of a senior official in India’s chemical and fertilizer ministry.

– Complicity is punishable in the same manner as the main act when it comes to gross corruption, said chief public prosecutor Marianne Djupesland in its innledniingsforedrag Monday morning.

Economic Crime claims in the indictment that earlier Counsel Kendrick Wallace signed the agreement to pay bribes to the oil minister’s son on behalf of Yaral while Clauw contributed to by suggesting that the amount would be paid through the Swiss business partner Nitrochem.

– Økokrim will seek to prove that Enger and Holba consent that would be paid bribes in Libya, said Djupesland.

She stressed that it is sufficient that the defendant has made a mental consent to the action.

– A mental consent can also be triggered by pure passivity, she says.



Yara has admitted guilt

Yara has already accepted a record corporate fine of 295 million for the two conditions, and a similar relationship in Russia.

– Yara has ekjent culpability for these conditions and accepted the fine, said prosecutor Marianne Djupesland in Prosecutor in his keynote speech Monday morning.

She read from a statement Yara has given about the case to the National Insurance Fund, which the Board stressed that it acknowledges guilt and that “that at no time had been the theme adopting a fine to avoid further public debate about the issue.”

Three months, 60 witnesses

set of three months to the case in the Oslo District Court. Nearly 60 witnesses from a number of countries is called. Several of them to testify via video link from Switzerland, USA and India. Among the witnesses is the son of Shukri Ghanem, the former oil minister in Libya, and former CEO of Yara, Jørgen Ole Haslestad.

Economic Crime has collaborated with 12 countries in the investigation of the case, and Public Prosecutor Marianne Djupesland says to DN Monday that three other countries – Switzerland, the Netherlands and India – has started investigating the case.

Djupesland has set aside two days to his keynote speech. Wednesday will defense to the accused to present their comments.

The penalty for gross corruption is ten years in prison. Longest korrupsjonsdom in Norway until now in the 5 1/2 years.

Follow the matter further at Aftenposten.no.

Read also: Today starts Norway Historiens biggest corruption case

Comment: The battle for truth

This is the defendants:

Enger:

President of Yara 2004-2008.

Is accused of gross corruption both in Libya and India.

Economic Crime argues Enger approved the payout in India and endorsed both agreement negotiations. According to the indictment he signed also cooperation with NOC in Libya in 2008 with the knowledge that there was an agreement to pay bribes in which not all the installments were paid.

Fields stated in court that he is retired, and that he has a fortune of about 50 million.

Kendrick Wallace:

Former General Counsel of Yara.

Set in corporate management Yara from 2004 to 2008.

According to Økokrim was Wallace who on behalf of Yara signed the disputed agreements both in Libya and in India.

Wallace is now retired and living in Florida USA. He stated that he has a gross annual income of approximately $ 300,000, and a fortune of between 7 and 8 million dollars.

Daniel Clauw :

Set in corporate management in Yara from 2004 to 2006, as Chief Operating Officer and Deputy CEO. Then he was engaged as a consultant directly under beds with responsibility for Yara’s growth initiatives. This position he had until September 2007.

According to the indictment signed Clauw along with Kendrick Wallace agreement to pay money to Gurpreetesh Singh Maini in India. In Libya case, he contributed by suggesting that the payment should go through the business relationship Nitrochem and contact with the company to ensure that it happened. According to the indictment, he also gave its approval to that it should be agreed upon payment to Shukri Ghanem son.

Clauw also reported in court that he is retired. He has a gross annual income of approximately 200,000 euros, and a fortune of around 5 million euros.

Tor Holba:

Set in corporate management from 2004 to 2012, from 2006 as head of the upstream segment and the project owner for the negotiations in Libya.

The notice on the Libya agreement after Jørgen Ole Haslestad took over as CEO in 2008 and claims he was not aware of the agreement before the time.

Økokrim believes he endorsed it would be agreed to pay money to Shukri Ghanem son in 2007.

Holba worked still Yara when he was charged in the case, but was out of corporate management. He is laid off indefinitely.

Holba now lives in Marbeilla in Spain and has a gross annual salary of around 450,000 euros.

Published: 05.jan. 2015 9:25

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