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Update on Shell defamation action over articles published on this website

EIGHT Royal Dutch Shell companies vs. Dr John Huong:

Last updated May 2009 

Five years ago EIGHT Royal Dutch Shell companies served High Court proceedings followed by multiple injunctions, against a Shell whistleblower, Dr John Huong, in respect of postings made under his name on this website which has been described by the Financial Times as being “anti-Shell”. The website is owned and operated by Alfred Donovan and his son, John Donovan. The main action is for alleged defamation. As far as we are aware Dr Huong remains under threat of being imprisoned for contempt of court. The first articles were published in May 2004. We understand that the next hearing is scheduled for 2009.

The Malaysian High Court Judge and Shell lawyers were notified in writing within days of the initial proceedings being issued that Alfred Donovan was responsible for authoring and publishing the alleged defamatory comments, not Dr Huong. John Donovan has also admitted his key involvement but both he and his father maintain that the substance of the allegations is true and therefore not libelous.

The Donovan’s are also of the opinion that as a result of the Shell reserves fraud revealed months prior to the relevant publication, Shell had no reputation to damage. It had already been destroyed. In this connection they will shortly publish a substantial file of original articles from notable news sources, such as The Wall Street Journal, published in the months in 2004 prior to the alleged defamatory article. 2004 has been described in the UK press as Shell’s Annus Horribilis.

Bearing in mind the blight on the life of former Shell production geologist Dr Huong and his family, it is a disgrace that after five years the action has not even reached the discovery stage.  This must amount to a gross infringement of basic human rights which Shell purports to support. 

COURT DOCUMENTS RELATING TO THE SHELL LIBEL CASE AGAINST DR HUONG:

HIGH COURT ORDER (English) June 2004

HIGH COURT AMENDED ORDER (English) June 2004

STATEMENT OF CLAIM (English) June 2004

SHELL AFFIDAVIT (English) June 2004

SUMMONS IN CHAMBERS (English) June 2004

HIGH COURT WRIT SAMAN (Malay) June 2004

DEFENCE DOCUMENT FILED BY DR HUONG (English) 25 JANUARY 2006

SHELL “REPLY” DATED 22 FEB 2006, ACCESSIBLE VIA THIS LINK: http://www.tellshell.net/blog/_archives/2006/3/13/1817779.html

NOTICE TO SHOW CAUSE (English) 9 MARCH 2006

http://shell2004.com/ShellNewsnet Original news stories/royal-dutch-shell-group-draft-affidavit-of-dr-john-huong-7-febuary-2006.htm

 Click here to ACCESS THE DR HUONG ARTICLES PROHIBITED BY THE HIGH COURT OF MALAYA ORDER (English)

(Do not access the Dr Huong articles immediately above if you are located within the legal jurisdiction of the High Court of Malay)

FOUR DOCUMENTS WERE FILED WITH THE HIGH COURT OF MALAYA ON 22 MAY 2006  

ALFRED DONOVAN AFFIDAVIT (ENGLISH VERSION – with some personal details removed for security purposes) 

THE SHELL INTERNATIONAL PETROLEUM COMPANY LTD COMPLAINT (THE MAIN SECTION OF EXHIBIT) 

WORLD INTELLECTUAL PROPERTY ORGANISATION (WIPO) OFFICIAL NOTIFICATION TO ALFRED DONOVAN 

32 PAGE EXHIBIT TO SHELL’S COMPLAINT TO THE WIPO 

For those who may be interested, this link is to the Response by Alfred Donovan to the Complaint made to the WIPO 

The subsequent domain names decision by the WIPO: http://arbiter.wipo.int/domains/decisions/html/2005/d2005-0538.html) 

Legal proceedings in July 2006 focussed on Alfred Donovan. 

The first is a Summons in Chambers

The second an Affidavit by a Shell legal manager

Shell eventually decided not to pursue its application for Alfred Donovan (now 92 years old) to travel to Malaysia to be cross examined in Court.

CASE BROUGHT AGAINST SHELL BY DR HUONG FOR WRONGFUL DISMISSAL

ShellNews.net: Shell whistleblower, Dr John Huong, a Shell geologist of almost 30 years standing faces Shell in court today in his action for wrongful dismissal against his former employer: 15 June 2005Read the article

THE BORNEO POST: Former employee suing Shell: “Dr John Huong, an ex-Shell employee, is suing Shell in the Industrial Court here, alleging that he had been unfairly dismissed by the company.” Posted 22 June 2005: Read the article

The Borneo Post: Shell vs Dr John Huong trial adjourned to Nov 15: “Dr Huong, an ex-Shell employee, is suing the company, alleging that he was unfairly dismissed.”: “Huong, a geologist by qualification, had worked with Shell for almost 30 years before his dismissal on March 28, 2003.” Posted 23 June 2005: Read the article

Some interesting self-explanatory leaflets followed by Court Documents…

Note: You will need Adobe® Reader to view and print the documents and leaflets below. Free downloads are available at Adobe’s website. Please be patient when downloading, particularly in respect of the Shell International Petroleum Company Complaint to the World Intellectual Property Organisation. 

THE LEAFLETS BELOW RELATE TO DR HUONG, HIS FELLOW FORMER SHELL EMPLOYEES IN MALAYSIA AND TO THE DOMAIN NAME BATTLE. THE LEAFLETS WERE CIRCULATED AT THE SHELL CENTRE, LONDON FROM 3rd MAY TO 5th MAY AND AT THE HQ OF ROYAL DUTCH SHELL PLC IN THE HAGUE, NETHERLANDS, FROM 9th TO 12th MAY 2006
 

AN OPEN LETTER FROM ALFRED DONOVAN TO MR RICHARD WISEMAN

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A TALE OF TWO SHELL EMPLOYEES: SIR PHILIP WATTS & DR JOHN HUONG

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EXTRACTS FROM DR JOHN HUONG PROHIBITED ARTICLE

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399 REASONS FOR SHELL MANAGEMENT TO HANG THEIR HEADS IN SHAME

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LITIGATION TRACK RECORD ROYAL DUTCH SHELL -v- DONOVAN

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