The appeal proceedings Økokrim`s criminal case against Yara former CEO Thorleif Enger and three other former Yara tops are now underway in the Court of Appeal.
In Oslo District Court got beds last summer the strictest verdict of the four , when he was sentenced to three years in prison. Managers Daniel Clauw, Tor Holba and Ken Wallace also received prison sentences, all of which were appealed.
“No”, “no”, “no”, “no”
the four are accused of gross corruption by Penal Code section 276, but this morning repeated that they did not acknowledge any guilt .
“No,” said Wallace and Clauw.
“No,” said Enger and Holba.
The prosecutor, public prosecutor Marianne Djupesland went then started his keynote speech.
– Bribery
Djupesland explained how Norwegian authorities perceive an agreement to transfer $ 4.5 million to the Libyan oil minister’s son Mohamed Ghanem – during a period when Yara negotiated with the Libyan state oil company about a partnership.
in 2007, $ 1.5 million was transferred from Yara Swiss partner Nitrochem to an account managed by Mohamed Ghanem in Switzerland.
it all seems no less suspicious of the way Nitrochem got a refund from Yara owned company Balderton in Switzerland: Via overpricing of supplies.
– the prosecutors believe that this is bribery, said Djupesland.
in India was the son of a senior Indian official who was promised three million US dollars, and a million dollars which was later paid by companies and accounts in Liberia, Hong Kong and the Virgin Islands.
Attempts to hide
While it according Djupesland not disagreement on those transactions, says the defendant that it was about consulting fees.
that explanation does not buy Djupesland.
– there are attempts to conceal the bribe, creating an explanation of what is happening, she said in court. And even if the defendants did not even undertook payments, says Norwegian authorities that they knew very well what was happening.
– We believe they have given their approval, said Djupesland in court.
– we dispute this
the defenders held before lunch short posts where they summarize their views.
Kendrick Wallace ‘defender Arild Dyngeland says that the facts about the agreement with Mohamed Ghanem and he’s the son of the former oil minister Shukri Ghanem is not disputed. He believes the core is whether the payment was related to the father’s role:
– There are disputed, said Dyngeland, and: – We dispute this.
He believed that payment in India was consulting payment, and had connection with the roles of the Contracting party father, a high-ranking Indian official.
– the agreement had no connection with his roles, said Dyngeland.
According to Thorleif Enger’s attorney Ellen Holager Andenæs requirement strictly – nor fulfilled – that Libya Accord could be called corruption.
– If the agreement is not signed with the father, there is no corruption, said Holager Andenæs.
– high business ethics
Tor Holba defends Nadia Hall emphasized Holba role that warns of the matter – a role ØKOKRIM has refused to recognize.
– Tor Holba was the one who brought the deal to light. When he became acquainted with the agreement with Mohamed Ghanem, he stopped the payments. Is Tor Holba notification consistent with that he will have contributed ?, she asked rhetorically.
She also said that there is “plenty of time close, independent evidence” that speaks to Holba advantage and that his history and experience in corruption-prone countries and, according to her, high business ethics also are strong arguments for Holba innocence.
– Norway Historiens serious
the case has been described as Norway’s history gravest corruption.
While the four defendants have denied culpability, Yara has acknowledged bribes over 70 million. In 2014 the company adopted a fine of 295 million from the Norwegian authorities, for gross corruption in Libya, India and Russia.
First District Attorney in ØKOKRIM Marianne Djupesland said yesterday to Dagbladet that there is no new evidence in the case, while Thorleif Enger defender Ellen Holager Andenæs mean new interrogation questioning of key witnesses who were not previously available can shed new light on the case.
This morning was the jury presented and judge Mette Jenssen has explained how the trial will take place. Sound recordings are made of matter, and a total of eight interpreters will translate consecutively to and from French and English.
Yara, the world’s largest supplier of mineral fertilizers and has over 7,600 employees and operations in more than 50 countries, announced in april 2011 ØKOKRIM about possible corruption related to a project in Libya.
in January 2014 the company adopted a fine of 295 million by Norwegian authorities for gross corruption in Libya, India and Russia, and acknowledged bribes over 70 million.
$ 4.5 million had partly been promised the Libyan oil minister’s son. $ 1.5 million was paid into an account that her son possessed in Switzerland.
Three million dollars were promised son of a senior Indian official. In autumn 2007, one million US dollars paid by companies and accounts in Liberia, Hong Kong and the Virgin Islands.
Norwegian authorities believe the bribes were rooted in the group’s previous management, and took out the 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 convicted and prosecutors have appealed. The government has time until 16 December to the case.
NTB
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