Royal Dutch Shell Plc  .com Rotating Header Image

Posts under ‘John Donovan’

John Donovan 2017, still Shell’s nightmare

John Donovan in 2009. On its website, this former adman has posted more than 25,000 items on oil giant Shell. Reuters

My website royaldutchshellplc.com has been described by the FT as an open wound for Shell. That remains the case five years after the article extracts featured above and below. We still publish and feed to the mainstream media information leaked to us by Shell insiders. Most recently, an 88 page consultative document containing nothing less than Shell’s Global Transformation plans. We also regularly publish legal documents involving Shell that would otherwise be hidden was from preying eyes behind a paywall. read more

Shell’s ill-fated $14bn gamble on Titanic Prelude FLNG Barge

The Prelude, which is 488m long, arrived in Australia last month © PA

By John Donovan

Shell’s Prelude barge has been described as the biggest floating structure ever built and is said to be 12 times the size of the Titanic. It is a comparison that for obvious reasons Shell does not use, although others do. There have been far more dire warnings about the dangers attached to Prelude than were made about the Titanic’s maiden voyage before it tragically sunk. Most have come from a well-placed insider on the Prelude project and subsequently from Bill Campbell, the retired HSE Group Auditor of Shell International. read more

SHELL’S TOP SPOOKS AT WAR WITH EACH OTHER

By John Donovan

Earlier this year we published an article about a spectacular falling out of ‘Security Professionals’ at the top of Shell.

Readers may recall the Mooch like comments attributed to Shell’s US boss Bruce Culpepper about Shell’s Business Integrity Department. He said that they “could not investigate their way out of a wet paper bag;” “they cannot investigate worth a shit;” and that he “did not want those fuckers involved…” If Bruce Culpepper denies that he made these memorable comments, then he is free to sue me for defamation. read more

Shell sells its SADAF stake for $820 million

By John Donovan

Saudi Basic Industries has acquired Shell’s 50% share in the petrochemicals joint venture SADAF.

Shell has sold its stake for the sum of $820 million. The deal gives full control of the business to Saudi Basic Industries, the Saudi state-owned chemicals group known as Sabic. The sale proceeds will be used to invest in the growth of Shell’s own global chemical activities, such as in the USA.

Havlish v. Royal Dutch Shell PLC

The Judge was almost certainly unaware that Shell global management plotted to exploit the tragic 9/11 terrorist attack in New York City? Had the judge known about this fact and had seen the relevant Shell internal emails, it may have made him less susceptible to the arguments advanced by Shell’s lawyers.  Likewise, I would be surprised if the Judge knew just how far Shell had been prepared to go to evade sanctions against Iran. 

By John Donovan

Havlish v. Royal Dutch Shell Plc was the case heard in the US courts whereby victims of the 9/11 terrorist attack on the World Trade Centre twin towers attempted to obtain $2.1 billion from Shell that Shell rightfully owed to Iran, but could not pay because of sanctions. Havlish had obtained a $6.1 billion judgement against Iran but had no way of getting payment from the extremist Iranian regime.

A detailed article is printed below. Shell successfully resisted the claim and the case was terminated on May 25, 2016. read more

$2.47bn at stake in US case: Shell/Exxon v Nigerian National Petroleum Corp

By John Donovan

Provided below are links to a selection of US court documents I have published online about a dispute being litigated in the US courts involving Shell, Exxon and the state-owned Nigerian National Petroleum Corp (NNPC). A gigantic sum (including interest) of $2.47bn USD is at stake.

In an echo of the Esther Kiobel v Shell case, also currently being heard in the US courts, the current arguments are about the discovery process. (Esther is actually suing Shell’s US lawyers, Cravath Swaine & Moore.) read more

FINAL EXTRACT ESTHER KIOBEL WRIT SERVED ON SHELL 28 JUNE 2017

By John Donovan

Published below are the final pages – 113 to 138 – inclusive, from the Writ served on multiple companies within the Royal Dutch Shell Group on 28 June 2017 on behalf of Esther Kiobel. These pages provide supporting information about the claim, including a List of Exhibits. The formatting is not 100% accurate, but the content is correct.

Extract begins

CLAIM

The claimants request the court to enter judgement, provisionally enforceable as far as possible:

  1. to rule that the defendants acted unlawfully towards the claimants and are jointly and severally liable to them for the damage that they have suffered and will suffer in the future as a result of the defendants’ unlawful actions, which damage is to be assessed during separate follow-up proceedings and settled according to the law, all this plus the statutory interest up to the date of settlement in full;
  2. to order the defendants within 21 days of the judgment to compel the CEO of Royal Dutch Shell, in any case the CEO of SPDC, to make a public apology for the role that Shell played in the events leading to the death of the claimants’ spouses and to publish the text of this statement clearly visible on its website, subject to a penalty of €20,000 per day (or a sum to be determined by the court in accordance with the proper administration of justice) that they fail to comply with this order;
  3. to order the defendants jointly and severally to pay the extrajudicial costs;
  4. to order the defendants, jointly and severally, to pay the costs of these proceedings, including the subsequent costs.

The cost of this: €80.42 read more

FINAL EXTRACT FROM SHELL’S LEAKED TRANSFORMATION PLANS

By John Donovan

Published below is the final multi-page segment from Shell’s leaked internal document mentioned in a Reuters/New York Times article published last week: Shell Plans 400 Job Cuts at Dutch Projects and Technology Department. The plans are much greater in scope than suggested by the headline. Their implementation will result in a managerial jobs upheaval and significant job cuts as a consequence of the acquisition of BG Group and the decline in oil prices. Once again, I have left in the page numbers, which appear at the foot of each page and sometimes interrupt paragraphs. The formatting is not 100% accurate but the content is correct. read more

Kiobel Writ: The Dutch battlefront against Shell

For years, Shell encouraged the Nigerian regime to take (more) effective measures designed to ensure Shell’s return to Ogoniland. Shell did this despite the fact that it had meanwhile learned from experience that in its actions, the regime frequently violated human rights and many people were killed.

By John Donovan

Earlier today we published an article about the latest legal moves on behalf on Esther Kiobel in the US courts against a Shell law firm. We now return to the publication of information about her legal action against Shell in the Netherlands. The numbered paragraphs below are extracted from the 138 page Writ served on multiple Royal Dutch Shell companies on 28 June 2017. As can be seen in the footnotes, the allegations are supported by voluminous evidence.

Extracts begin

8.8 Shell Nigeria Shell operated as a single entity

8.8.1 Introduction read more

Shell Leaked Transformation Plans Part 6

By John Donovan

Published below is a further multi-page segment from Shell’s leaked internal document mentioned in a Reuters/New York Times article published last week: Shell Plans 400 Job Cuts at Dutch Projects and Technology Department. The plans are much greater in scope than suggested by the headline. Their implementation will result in a managerial jobs upheaval and significant job cuts as a consequence of the acquisition of BG Group and the decline in oil prices. Once again, I have left in the page numbers, which appear at the foot of each page and sometimes interrupt paragraphs. read more

Esther Kiobel US Court battle for 100,000 Shell docs continues

Esther Kiobel with legal team and supporters in front of the US Supreme Court in Washington DC, 2012 © Private

Extracts: Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. 

Petitioner has already waited over twenty years for a forum that will hear her claims for her husband’s execution. At this point, Petitioner’s co-plaintiffs in the Dutch litigation face increasingly fragile health, and now fear that “further delaying litigation in the Netherlands might impede their ability to bring their claim in the future.”

By John Donovan

Several months ago, a US Federal Judge Alvin K. Hellerstein after carefully considering arguments made by the involved parties ordered Shell’s US lawyers Cravath, Swaine & Moore to give Esther Kiobel access to more than 100,000 Shell discovery documents for use in the Dutch courts. Dutch proceedings against Shell commenced on 28 June 2017.

The Shell internal documents were assembled for Esther Kiobel’s thwarted US action against the oil giant which commenced over a decade ago. That litigation ended with a US Supreme Court decision that she could not bring a human rights claim against Shell in the US for alleged misdeeds committed in Nigeria, including involvement in the judicial murder of the ‘Ogoni 9′. Cravath put the mountain of Shell discovery items into secure US storage. My guess is that Shell would have preferred an accidental fire. read more

$45m claim against Shell Brunei involving another leak

By John Donovan

Amrtur Corporation, a supplier of drill pipes and other oil industry services, has sent a letter before action making a $45m claim against Shell’s Brunei business. The move is said to be triggered by cuts resulting from the fall in oil prices. According to a report in the FT: “Amrtur asserts it suffered lost revenues of B$61.2m ($45m) between 2012 and 2016 due to alleged breaches of its contracts with Brunei Shell Petroleum Company, the 50-50 partnership between the government and Royal Dutch Shell.” 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

Shell Leaked Transformation Plans Part 5

By John Donovan

Published below is a further multi-page segment from Shell’s leaked internal document mentioned in a Reuters/New York Times article published last week: Shell Plans 400 Job Cuts at Dutch Projects and Technology Department. The plans are much greater in scope than suggested by the headline. Their implementation will result in a managerial jobs upheaval and significant job cuts as a consequence of the acquisition of BG Group and the decline in oil prices. Once again, I have left in the page numbers, which appear at the foot of each page and sometimes interrupt paragraphs. read more

Kiobel Writ: Ogoni 9 trial – Shell deception and machination

While Shell publicly stated that it was trying to persuade the regime to abandon the trial using quiet diplomacy, in reality it continued supporting the regime, while negotiating new projects. It also continued actively involving itself in the course of events during the trial.

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 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.

OGONI 9 TRIAL

Extracts begin

8.7 Shell, knowing how the trial would end, allowed its commercial interests to prevail over the fate of the Ogoni 9

315. Through its close involvement with the case and with the regime Shell knew at an early stage that the suspects would not have a fair trial. In July 1995, more than three months before the tribunal was to pass judgment, Anderson reported on a conversation he had had with President Abacha: 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

    %d bloggers like this: