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Posts under ‘Corporate Governance’

22nd Execution Anniversary Date of the Ogoni 9

The ‘Ogoni 9’ were executed on this day 22 years ago, all victims of a trumped-up case brought by the corrupt despotic Abacha Nigerian regime in collusion with its evil partner in crime, Royal Dutch Shell.

The widows of those murdered include Esther Kiobel who has been seeking justice ever since. Her husband, Dr. Barinem Nubari Kiobel was born in Kpor, Rivers State, Nigeria, on 23 September 1959. Between 1979 and 1992 he lived in the UK, where he obtained a doctorate at the University of Glasgow. In 1992 he returned to Nigeria, where he accepted a senior lecturer position at the University of Science and Technology in Port Harcourt.

Dr. Kiobel later became Honourable Commissioner of the Ministry of Trade, Industry and Tourism of Rivers State province. In this role he acted as a link between the government and the Ogoni. During his work as Commissioner, despite the potential danger of doing so, he publicly expressed criticism of the regime’s activities in Ogoniland. A fatal course of action.  read more

Case against Malcolm Brinded as stated by retired Shell Group Auditor

EMAIL SENT TODAY BY BILL CAMPBELL, RETIRED HSE GROUP AUDITOR, SHELL INTERNATIONAL. RECIPIENTS INCLUDE TWO TOP PEOPLE AT ROYAL DUTCH SHELL PLC. NO MENTION OF OPL 245. 

From: William Campbell Subject: Search Results The case against Malcolm Brinded – Royal Dutch Shell Plc .com Date: 8 November 2017 at 15:19:56 GMT To: [email protected] Cc: [email protected], John Donovan [email protected]

BEGINS:

Malcolm Brinded was appointed recently as President of the Energy Institute. The attachment covers a sworn deposition copied to a senior police officer at Grampian Police and the Scottish Justice Minister, and the Presiding Officer at the Scottish Parliament.  It is similar in tone and substance to a deposition made to the then Lord Justice General for Scotland in 2005.  This role is occupied by the most senior Judge within the Scottish legal system.

Suzanne Beard is the Head of Professional Affairs at the EI who monitors ethics and compliance at the Institute to ensure at all times members of the Institute uphold the good name of the Profession.  Sue has replied to my concerns that Malcolm has been open and honest about historic allegations made against him but I doubt very much if Malcolm has been as open and honest as he should have been. For clarity Beard should be made aware that Linda acts as counsel to the RDS Chairman Holliday. read more

OPL 245: WHY IS REPROBATE MALCOLM BRINDED STILL PRESIDENT OF THE ENERGY INSTITUTE?

EMAIL FROM BILL CAMPBELL RETIRED HSE GROUP AUDITOR SHELL INTERNATIONAL SENT TO SUE BEARD, HEAD OF PROFESSIONAL AFFAIRS, ENERGY INSTITUTE. PUBLISHED HERE BY JOHN DONOVAN  WITHOUT BILL’S PERMISSION. NO REPLY THUS FAR.

From: William Campbell
Subject: Brinded steps down from role as Chairman of Shell Foundation
Date: 2 November 2017 at 21:02:51 GMT
To: [email protected]
Cc: John Donovan <[email protected]>

Dear Suzanne

Note that in relative terms the EI is recently formed.  Understand in your role as Head of Professional affairs you are interested in ethics, compliance with the law etc so it surprises me that you would appoint a serial lawbreaker Brinded as your President – but for the present could I simply ask in the public interest for clarification: read more

Shell Nigerian Corruption Case Approaches Climax

FD Ochtendnieuws 

Non-professional translation (Google Translation plus) of an article published today 30 Oct 2017 by the Dutch equivalent of the Financial Times.

Will Shell be formally charged in a major corruption case concerning an oil field in Nigeria, or does the oil and gas multinational know how to duck the dance?

On Tuesday, the last of a series of hearings takes place in a Milan court where prosecutor Fabio de Pasquale argues that Shell and four former Shell executives should be prosecuted together with the Italian multinational Eni. “The decision [of the judge] will follow on the 31st or a few days later,” so De Pasquale informs the FD. He does not want to go further on the matter. read more

John Donovan, Group Chairman, Royal Dutch Shell PLC companies

Extracts from the ebook “John Donovan, Shell’s Nightmare” (now available on Amazon websites globally)

From pages 11 and 12.

Extract begins

My Shell insider sources have received threats, including alleged death threats, as reported by The Irish Times in April 2011: Gardaí investigate alleged death threats to Corrib whistleblowers

The last message I received from one Sakhalin2 source advised that they had received a credible serious threat. I never heard from that particular insider again.

A press release issued by Shell UK in March 1995 provides some idea of the degree of acrimony and the wide scope of our campaigning activities. read more

Shell executives charged in lead up to landmark trial over billion dollar Nigerian bribery scheme

Sunday 15 October 2017

Senior Royal Dutch Shell executives have been charged in Italy for their role in a vast bribery scheme that deprived the Nigerian people of over a billion dollars, the Milan Public Prosecutor’s Office confirmed on Friday. Those facing trial include Malcolm Brinded CBE, the second most powerful person in the company when the deal was struck (1). Shell itself is also facing bribery charges alongside the four named individuals.

Malcolm Brinded Charged

This historic decision follows a dramatic U-turn in which it admitted that it knew its billion dollar payment would go to convicted money-launderer and former Nigerian oil minister, Dan Etete, in exchange for Nigerian oil block OPL 245 in 2011. read more

Corrib contractor admits distributing bribes on behalf of Shell

A week ago, the Irish Justice Minister Charlie Flanagan warned the corruption-ridden Irish police Force (the Gardaí) that he wants to see “all the skeletons out of all of the cupboards” in terms of Garda scandals and controversies. One such scandal is the “Strange tale of Shell’s pipeline battle, the Gardaí and £30,000 of booze.”

Shell has been a corporate sponsor of police corruption in Ireland aided and abetted by its ”Mr Fixit” company OSSL, who freely admit their involvement in distributing bribes on behalf of Shell to smooth the path of the controversial Corrib Gas Project. Despite the confession, Shell has thus far managed to escape due retribution. read more

John Donovan, Shell’s nightmare: Genesis

Extracts from the ebook “John Donovan, Shell’s Nightmare” (now available on Amazon websites globally)

In 1979, our company, Don Marketing supplied promotional games that were used to promote petrol sales on the forecourts of most petrol brands in the UK, including Shell.

In 1981, we moved into a contractual relationship with Shell as a result of a presentation I made at Shell-Mex House in The Strand, the then London HQ of Shell UK Limited.

I put forward a proposal for Shell to launch a legal version of a promotional game called Make Money that Shell had abandoned in the 1960‘s out of concern that it was in breach of UK lottery laws. read more

Shell defamatory posters, leaflets and press releases attacking Donovan

By John Donovan

My families falling out with Shell took place over two decades ago.

Some indication of the degree of acrimony can be gauged from the content of posters Shell put on public display on 23 September 1998 at the Shell Centre in London, specifically targeting my father and me. I have never heard of a multinational corporation doing anything like this before or since.

This is what the posters said:

YOU MAY BE HANDED A LEAFLET OUTSIDE SHELL CENTRE BY MR ALFRED DONOVAN, FORMALLY OF A COMPANY CALLED DON MARKETING UK LIMITED.  YOU SHOULD BE AWARE THAT JOHN DONOVAN, A DIRECTOR OF DON MARKETING UK LIMITED, MR ALFRED DONOVAN’S SON, HAS ISSUED A WRIT AGAINST SHELL UK CLAIMING THAT HIS COMPANY INVENTED THE SMART LOYALTY CARD PROGRAMME.  MR DONOVAN’S ALLEGATIONS HAVE BEEN VERY CAREFULLY INVESTIGATED BY SHELL UK AND DISCUSSED IN DETAIL WITH MR DONOVAN AND HIS SOLICITORS. THE CLAIM IS BEING VIGOROUSLY DEFENDED.  AS SOME OF YOU MAY KNOW, MR DONOVAN HAS MADE SOME OFFENSIVE STATEMENTS ABOUT SHELL UK COLLEAGUES. WE REJECT SUCH ALLEGATIONS ABSOLUTELY AND ARE WHOLLY CONFIDENT THAT OUR COLLEAGUES HAVE ACTED IN THIS MATTER AT ALL TIMES IN GOOD FAITH AND IN LINE WITH OUR LONG STANDING BUSINESS PRINCIPLES. read more

SHELL STILL TRYING TO GET AWAY WITH MURDER – LITERALLY

Thurgood Marshall U.S. Courthouse, New York, New York

An important decision day for Esther Kiobel in the above U.S. Courthouse tomorrow, Tuesday 12 Sept 2017 in her epic attempt to bring Shell to Justice for complicity in the murder of her husband Dr. Barinem Kiobel, one of the  Ogoni Nine. She is seeking more than 100,000 Shell discovery documents stored in a secure US warehouse. 

“Who doesn’t love a good discovery fight? And this one involving Cravath, Swaine & Moore is a doozy, with ramifications that extend literally across the planet.”

By John Donovan

The text shown in red is an extract from an article by Jenna Greene from The Litigation Daily published in the US yesterday under the headline “Cravath in the Crosshairs”.

Cravath, Swaine & Moore are Shell’s lawyers. In 2013 they managed to torpedo on jurisdiction grounds a 2002 US lawsuit against Shell led by Esther Kiobel. After over a decade of litigation to stop the case from being heard, Cravath won a US Supreme Court decision in 2013 on that important point of law, without her charges against Shell  ever being considered. read more

Another North Sea Storm for Shell

UPDATED WITH ARTICLE COMMENTS RECEIVED SINCE PUBLICATION, INCLUDING FROM BILL CAMPBELL

By John Donovan

It is getting on to 20 years since Shell safety expert Bill Campbell led an HSE audit team which exposed a “Touch Fuck All” culture in relation to maintenance and safety issues on Shell’s Brent Bravo platform. After two decades of promises by Shell to give safety the highest priority, Shell has just been ordered to shut down its North Sea Armada platform on similar grounds. This follows weeks after the issuance of a prohibition notice by HSE inspectors in relation to Brent Charlie. (See links below).  read more

BHP Billiton unveils board shake-up as two directors depart

23 AUGUST 2017 • 11:07AM

The world’s largest mining company is to shake up its board after two directors announced they would be stepping down – one after just six months. The FTSE 100 group also announced that former Shell executive Malcolm Brinded would be stepping down after three years on the board as a non-executive. Mr Brinded would not be seeking re-election “given his involvement in ongoing legal proceedings in Italy relating to his prior employment with Shell”, Mr Nasser said. Shell, where Mr Brinded was a director for 10 years until 2012, is facing an investigation over alleged corrupt payments to acquire an oilfield off the shore of Nigeria in 2011.  read more

Retired Shell official accuses company of ‘more leaks than the White House’

Bill Campbell, retired HSE GROUP AUDITOR, Shell International, comments on Paddy Briggs damning conclusion about Shell FAT CATS

The Lonely Elephant

Prelude may or may not turn out to be a white elephant but certainly from the leaked transformation documents it would appear it will be in any case a lonely elephant. 20 some years in gestation it appears that mega FLNG projects are out. As for the fat cats Paddy if Shell continues to leak (Pernis et al), more leaks than the White House, the fat cats may not be around. Are they taking their eye of the ball – who is running the business, with all this transformation stuff and reported loss of common sense and experience I read about on this website from current employees, it makes you think. read more

Kiobel Writ: Shell bribed witnesses in Ogoni 9 trial

Already during the trial in 1995 two witnesses testified that they had been bribed to make incriminating statements in exchange for money and a job at Shell. In their statements Nkpah and Danwi named a number of other witnesses who were bribed by Shell and the regime…: Separate extract: “We knew that Shell, the prosecutor and the members of the tribunal were working hand in glove with each other. 

By John Donovan

The numbered paragraphs below are extracted from the 138 page Esther Kiobel Writ served on multiple Royal Dutch Shell companies on 28 June 2017. More information about the latest litigation, this time in the Dutch Courts, is provided after the extracts. As can be seen in the footnotes, the allegations are supported by voluminous evidence.  

Shell and the Abacha regime operated in tandem

Extracts begin

8.6 Shell contributed to the outcome of the Ogoni 9 trial

8.6.1 Shell was involved in the bribery of witnesses

Already during the trial in 1995 two witnesses testified that they had been bribed to make incriminating statements in exchange for money and a job at Shell. Charles Danwi and Naayone Nkpah made a statement under oath on video on 16 and 27 February 1995 respectively, which was submitted as an affidavit to the Civil Disturbances Tribunal.409 The Tribunal however disregarded the evidence. In their statements Nkpah and Danwi named a number of other witnesses who were bribed by Shell and the regime, that is Celestine Meabe, Kevin Badara,410 Limpa Bah, Peter Fii, Saturday Iye and David Keenom (exhibit 45: Public Deposition Naayone Nkpah, 19 March 2004, pp. 19-22; exhibit 21: Affidavit Charles Danwi, 16 February 1995).411 The false statements of these bribed witnesses were decisive in the conviction of the Ogoni 9.412 The statements of Danwi and Nkpah show that shortly after the murders of the traditional Ogoni leaders they were pressured by the main prosecution witnesses Alhaji Kobani (the brother of the murdered Edward Kobani) and Priscilla Vikue413 to sign a false statement in which they accused the since apprehended MOSOP and NYCOP leaders of the murders.414 Initially they refused to do this, whereupon they were placed under house arrest for some time. Danwi testified that he was then promised the following:

“I was promise[d] that after the case in Court I will be given a house any place in the country, a Contract from Shell and OMPADEC and some amount of money to buy my musical instrument. […] On another date of meeting in Kobani’s House, representative from Shell, OMPADEC, security agents, Govt officials and the Kobani, Orage and Badey’s family were present and they all agreed. The family gave some money say that the money come from Govt. and Shell. In my case I was given N 30,000,- from Shell and Govt.”415

  • Nkpah testified to the same effect and in his fuller statement in the American Kiobel case also said who was involved in the bribery. Apart from Alhaji Kobani and some other family members of the murdered Ogoni chiefs, they were also various representatives of the regime and the oil industry, among them Shell’s lawyer O.C.J. Okocha.416 Nkpah was also promised a house, 30,000 naira and a contract at Shell, OMPADEC or the government.417 In his deposition he said that Celestine Meabe had asked Alhaji Kobani where the 30,000 naira came from, to which Kobani replied:

    “This money come from Shell, government of Nigeria. This is why the chairman, the lawyer representative is here.”.418

  • Kobani introduced this Shell lawyer to Nkpah as O.C.J. Okocha.419 Nkpah also said that Kobani had told him that “anything that is being given to us […] basically is from the government and the Shell and Ubadek [OMPADEC]”.420
  •  Just like Danwi, in exchange for signing the false testimony Nkpah was given a job in the transport section of the municipality of Gokana where, in addition to the 30,000 naira, he received a monthly salary without actually being employed.421
  • Gani Fawehinmi, the suspects’ lawyer, introduced Danwi’s statement on the second day of the Ogoni 9 trial (on 21 February 1995):

    “My Lord, he [Charles Danwi] is number 22 on the list of witnesses. He has sworn to an Affidavit and he has exhibited what is called a principal statement. He accused the Government [and] Shell Development Company for bribing him with thirty thousand naira (N30.000) and a house. He has made a full disclosure that what they have was not his statement […].”422

  •  Although Kiobel’s lawyer Alhaji Oso again tried to stress the importance of the bribery on the third day423 and explained that the reliability of the witnesses was the basis of the case,424 Nkpah and Danwi’s affidavits were not admitted as exculpatory evidence.425 At that point, Danwi and Nkpah had already gone into hiding out of fear for repercussions by the regime and could not therefore give evidence to the hearing. Their fear proved to be well-founded: both men were put on the regime’s blacklist.426 Ultimately they were forced to flee Nigeria and they were accepted as refugees in Benin.427
  • Nkpah is currently living in the United States and is prepared to substantiate his statements in detail as a witness if necessary. Danwi’s current whereabouts are unknown.
  • 8.6.2 Shell maintained direct contact with the judges of the Special Tribunal during the trial read more

    Shell’s leaked global organisation changes: Part 3

    By John Donovan

    Today we publish another sizeable chunk from Shell’s current internal consultative document which, although directed at Shell’s Dutch employees, includes a detailed description of Shell’s proposed global organisation changes. Still no legal action by Shell to prevent publication of its plans. 

    Consequences of the proposed change for the current PTD global organisation EC-1, -2 &-3

    As shown above a new integrated Technology organization is proposed to be created that will consolidate all technology development and deployment activities, and will provide end-to-end accountability for technology commercialisation. The current PTD organization would become part of the new Technology organization. read more

    Alarming news today of potential fire and explosion on Shell North Sea platform

    By John Donovan

    History is repeating itself. Shell is in the news today over its  dangerous North Sea oil platform activities.

    Nearly 20 years ago, Shell senior management ignored warnings by HSE Auditor Bill Campbell about the Touch Fuck All regime on the Brent Bravo platform and its potential impact on worker safety. Production and profits were the overriding consideration. Maintenance records were routinely falsified. Lives were put at risk.

    Shell EP MD Malcolm Brinded promised to take action based on the scandalous state of affairs Mr Campbell’s team had discovered when he led the safety audit on the platform. The promises were not kept. As a result, platform workers subsequently lost their lives in what was judged by the Scottish legal authorities to be an avoidable accident on Brent Bravo. A record-breaking fine was imposed on Shell. read more

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