The Wardman Wire

(This post is personal, and is specifically not the responsibility of any legal commentators who write for the Wardman Wire).

Productivity in the Get-This-Outrage-Off-The-Internet department is up again.

The latest is more Trafigura news, as reported by the the New Statesman; a legal action by Carter-Ruck on behalf of Trafigura has forced the BBC to remove an article and video from their website.

I’ve said repeatedly that this is a legal problem requiring a political solution by a proper redefinition of the principles, and there’s been some interesting dialogue on Twitter in the last couple of days.

One interesting point is that legal bloggers are getting involved in direct conversation with Tweeting politicians.

Back to the New Statesman:

Carter-Ruck may have suffered a humiliating defeat when it attempted to prevent the Guardian and others from reporting on Parliament but it never abandoned its attempt to sue the BBC’s Newsnight over a feature on the alleged dumping of toxic waste by Trafigura.

Now Newsnight has apparently removed a video of the investigation from its website. Bloggers have attempted to evade the gag by posting a YouTube video of the feature and have attacked BBC executives for caving in to Carter-Ruck’s client’s assault on free expression.

Other media organisations, including the Times and the Independent, have previously withdrawn stories about the case but this may mark the first time the BBC has removed material on the story.

Wikileaks are saying that a webpage has also vanished from the BBC website:

This was the text of the BBC Story from May 2009, and the video is embedded below. No one hastold me I can’t run them, so …

Dirty tricks and toxic waste in Ivory Coast

By Meirion Jones and Liz MacKean BBC Newsnight

It is the biggest toxic dumping scandal of the 21st century, the type of environmental vandalism that international treaties are supposed to prevent. Now Newsnight can reveal the truth about the waste that was illegally tipped on Ivory Coast’s biggest city, Abidjan. A giant multinational is being sued in London’s High Court by thousands of Africans who claim they were injured as a result.

The truth behind Ivory Coast toxic waste dump

Our investigation took us to Amsterdam where the waste could have been safely disposed of. Instead the company, Trafigura, went for the cheaper option and offloaded it in Abidjan.

Trafigura has always denied that the chemical waste was dangerous, but we have seen an analysis by the Dutch authorities which reveal it to be lethal.

We consulted a leading toxicologist, John Hoskins from the Royal Society of Chemistry. He said it would bring a major city to its knees.

The waste includes tons of phenols which can cause death by contact, tons of hydrogen sulphide, lethal if inhaled in high concentrations, and vast quantities of corrosive caustic soda and mercaptans which John Hoskins describes as “the most odorous compounds ever produced”.

A terrible smell

It happened on 19 August 2006 in the dead of night. A convoy of trucks from a newly-formed company in Abidjan arrived to take the waste away. They illegally dumped the first loads at the huge tip in Aquedo.

Watch Newsnight’s 2007 investigation into claims toxic waste was dumped in Ivory Coast

A powerful stench soon engulfed the area. The tip’s operators were called out and the drivers sent packing. They looked elsewhere to drop the waste, tipping it in at least 18 places across the city and beyond.

The Aquedo tip stretches as far as the eye can see. As scores of waste trucks tip their loads, an army of Abidjanis cluster around, children amongst them, brandishing long metal spikes. They pick through the rubbish, looking for anything that can be sold.

Deaths

We were soon surrounded by people, only too willing to talk about the night the toxic waste was dumped and the terrible smell that made them gag and sicken.

There were women who miscarried, and that was very painful. But still, the worst was that three people, two adults and a girl were killed by the toxic wastes. That was very hard Esaie Modto, head of Djibli village

Just round the corner from the dump, we met Jean Francois Kouadio and his wife, Fidel.

She had been eight months pregnant with their first child when the fumes swamped their home. Fidel gave birth prematurely and the boy, Jean Claude, died within a day.

Their second child Ama Grace was born a year later. She too fell ill.

The doctors said that Ama Grace “was suffering from acute glycaemia caused by the toxic wastes”.

They could do nothing for her and she died.

The medical reports state a “strong presumption” that the deaths of the two children were caused by exposure to the toxic waste and Jean Francois and Fidel now fear they will never become parents.

Polluted water

We also visited the village of Djibi, just outside Abidjan. The waste that was tipped here got into the water supply, killing the fish that fed the village.

A woman whose face is covered in lesions in Abidjan (September 2008) Thousands of people say they were victims of the waste

The head of Djibi, Esaie Modto, told us that every last person here fell ill, two thousand people:

“There were women who miscarried, and that was very painful. But still, the worst was that three people, two adults and a girl were killed by the toxic wastes. That was very hard.”

So what was it that brought such ruin on a country that in 2006 was still struggling to recover from a civil war?

The waste was generated as the result of an oil deal spanning three continents. Trafigura bought a consignment of cheap and dirty heavy oil with a high sulphur content. Instead of putting it through a refinery, Trafigura tried to clean it up, using a do-it-yourself method, so they could sell it on at a massive profit.

They used a ship called the Probo Koala which they stationed off Gibraltar as a rough and ready refinery. Caustic soda and a catalyst were added to the oil which reacted with the sulphur and settled to the bottom of the tank. Trafigura were then able to sell the oil, but left with a toxic sludge at the bottom of the tank.

“Smelly but not dangerous”

The Probo Koala went to Amsterdam where they attempted to unload this sulphurous tar as if it were normal ships’ waste, which would have cost a few thousand euros.

Watch the 2007 Newsnight interview with Eric de Turckheim, co-founder of Trafigura

However the fumes were so bad, the emergency services were called and the Dutch authorities carried out tests. They discovered the waste was highly toxic and told Trafigura that it would cost half a million euros to dispose of safely.

The Probo Koala instead pumped the waste back on board and left port, ending up in West Africa.

Marietta Harjono of Greenpeace Nederland says this has led to a prosecution by the Dutch authorities for “falsification of papers – they deliberately were silent on the toxic nature of the waste”, as well as for illegal import of toxic waste and “illegal export of toxic waste from Europe to Cote d’Ivoire”.

When Newsnight first investigated the toxic dumping scandal in 2007 one of Trafigura’s founders Eric de Turckheim told Jeremy Paxman “these materials were not dangerous for human beings. It was smelly, but not dangerous.”

Newsnight’s new investigation shows this was far from the case. Trafigura continues to deny any wrongdoing.

And the Newsnight Video Report:

Wrapping Up

How many times do how many of us have to say this? Up with this we will not put.

And we will win … eventually … even if there are setbacks from time to time on the journey.

Bloggers have had one important part in this campaign for Libel Law Reform, mainly in helping to keep the story bubbling. Consider how far it has moved from a conversation in the comments over on Bloggerheads soon after the Alisher Usmanov – Schillings debacle.

Tactically, more Trafigura gags are brilliant for Libel Law Reform, because the more and more English Law resembles that of a banana republic rather than that of part of the civilised world, the sooner reform will arrive.

Rock On, your Honours. Every step is a step closer to the Legal Lemming Jump.