the Jury believes the former Yara ceo Thorleif Enger must frikjennes for charges of gross corruption in Libya and India.
Also, two of the other medtiltalte, Tor Holba, Daniel Clauw, frikjennes, believes the jury. Only the company’s former legal director, Kendrick Wallace, according to the jury judgment.
On the question of whether the four former Yara-tops have made themselves guilty of gross corruption, answered the jury as follows:
- Yaras former legal director Kenrick Wallace: Yes
- Daniel Clauw: No
- Thorleif Enger: No
- Tor Holba: No
Fagdommerne agree in the decision of the jury.
Former Yara ceo Thorleif Enger was clearly happy and relieved over the decision, and posed smiling in the pictures with the two defenders his before he left the Borgarting court of appeal, without comment on the decision.
We take the decision to the intelligence. We don’t realize bevisvurderingen, but must relate to it, ” says lawyer Arild Dyngeland, who defends Yaras former director, Kendrick Wallace.
– Kostatert corruption
– Now has lagretten drawn their conclusions, and they are partly different than what the district court did, and that we respect the course, ” says førstestatsadvokat Marianne Djupesland in Økokrim.
– Here is the thus ascertained gross corruption in Libya and India, and that the former legal director is responsible for it. Such a set is hopefully this decision is a signal to the world, to other companies that want to deter from doing this type of bribery in the future, she added.
– the issue of guilt is final
– Økokrim believed that Thorleif Enger and the other two defendant directors had also made themselves guilty of gross corruption – what do you think about that they are now frikjennes?
– We have a tingrettsavgjørelse that goes in one direction, and we have a lagrettsavgjørelse that goes in a different direction. We have only respect. It is a part of our straffesystem that the defendant has the opportunity to have tried the issue of guilt in the two agencies, ” says Djupeland.
She says Økokrim is not going to appeal the case to the Supreme court of the understanding of the law and administrative procedures.
– No, the issue of guilt is final, she says to NTB.
The four former Yara-spikes was in district court last summer sentenced to between two and three years in prison for in the unequal degree to have contributed to the fact that Yara paid millionbestikkelser to the sons of high-ranking officials in Libya and India.
Thorleif Enger was given the strictest punishment, three years in prison. Both the four accused and the Økokrim appealed the judgment of the district court, and the appeal has gone for Borgarting lagmanssrett since august of this year.
the Court of appeal frikjente i.e. Meadows and two of the other defendants on all counts.
– Glad to be believed
– Holba is very happy to be believed, say the defenders of former Yara ceo Tor Holba, Nadia Hall and Astrid Aass-Hansen, after the acquittal.
the Case has been a huge burden for him and his family. He is relieved that it is now set periods, and thanks to everyone in Yara for the support they have given him through the 4,5 years the case has been going on, say the defenders.
They say Holba is very critical to Økokrims handling of the case. Holba has all the time maintained that it was he who brought the matter forward in the light of the to notify Thorleif Enger when he received a suspicious payment claims from Libya.
He experiences the accusation against him as another example of the huge risk that comes with a warning. He went from being Økokrims main witness, to be prosecuted. Holba has the understanding that the Police Association discourages its members to notify. His encouragement to potential whistleblowers is to talk with a lawyer before any notification, says the defenders.
Relieved Clauw
Daniel Clauw is relieved and goes home to France, ” says his defender Fredrik Berg.
It is clear that he thinks it has been awful having to deal with such a process in Norway. Have pendlet from their home to the two long trials in Norway, and his entire life has been put on hold, ” says Berg.
This is the background for the case:
Historical korrupsjonsbot
Thorleif Enger had been retired from the konsernsjefjobben in Yara in four years when in 2012 was arrested and charged with corruption. A just over a year previously started Yara own investigation and notified Økokrim after the day’s Business began to ask questions about the Yaras use of consultants in connection with a forretningsprosjekt in Libya.
It was the start of what is referred to as the second most serious korrupsjonssak. Yara adopted in 2014 a foretaksbot of almost 300 million and admitted corruption in Libya, India and Russia. At the same time, the four former Yara-tops indicted in the case.
Former executive vice president Tor Holba was the only one of the four ones in the dock that were still employed in Yara when the matter went before the district court.
After the verdict, he got fired from the company, but according to the defender Nadia Christina Hall was Holba and Yara agreed to “defer the consequences” of the dismissal to the there was a legally enforceable judgment.
Hidden millionbetaling
the Question that sparked the case was whether Yara had used intermediaries during negotiations for a business relationship in Libya five years earlier.
During the investigation found Økokrim out that Yara had paid 1.5 million dollars to the son of the chairman of the board of the state oil company, that Yara was negotiating with. This chairman was also the former prime minister and acting oil minister in the country.
the Payment was well hidden: Yara got a business partner to make the payment, and paid back the debt by paying excessive prices for several båtlaster with the raw materials.
“Common konsulentavtaler”
Three of the four Yara-the peaks were also indicted for having paid $ 1 million in bribes to the son of a senior bureaucrat in the indian gjødselsdepartementet. The agreement came in place while Yara negotiated about a business partnership with a partly state-owned gjødselsselskap.
the Payment was made to a company registered in The british virgin islands, with an account in Hong Kong.
The four defendants have in court claimed that the two who received the millionutbetalingene was hired as regular consultants. All, with the exception Yaras former legal director, who signed the agreements on behalf of the company, has furthermore claimed that they did not know the agreement with the libyan ministersønnen before the payment for was gone.
the Court of appeal came Friday that the agreements were corrupt, and believed the former legal officer Kendrick Wallace could be sentenced for corruption both in Libya and India.
the Right however came out that the other three accused had to be acquitted.
How would they convince the jury: Here are the five questions that Yara-tops hoped could be acquitted them
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