Disclaimer: An online translation service was used in the production of the current editorial piece, which Manifold Times had reproduction permission from Danish Radio (DR).
The seventh day of the Dan-Bunkering trial, regarding alleged violations of EU Syria sanctions, took place on Tuesday (9 November) at the High Court in Odense, according to DR.
The day’s main activity revolved around prosecutors questioning Keld Demant, CEO of Bunker Holding and Chairman of the board at Dan-Bunkering. Keld Demant has been charged in the case against Dan-Bunkering for breach of the EU sanctions, and the prosecution is demanding that he be sentenced to prison.
During the interrogation, Senior Prosecutor Andreas Laursen focused on a number of pieces of information that had reached the top director. It was information that the prosecutor believed warned the director Dan-Bunkering was involved in – or could be involved in – illegal deliveries of jet fuel to Syria.
Keld Demant did not investigate inquiries himself, but trusted the employees
In Christmas 2016, Dan-Bunkering received an inquiry from the Danish Business Authority. The agency, which monitors whether Danish companies comply with sanctions, directly asked Dan-Bunkering if the company was in the process of supplying jet fuel as it will be in breach of sanctions if the product ended in Syria.
The inquiry went on to Bunker Holding CEO, Keld Demant, who believed he did exactly what he was supposed to do.
The internal investigation in Dan-Bunkering showed the company supplied jet fuel to two Russian companies and that it was delivered to ports in the Mediterranean. At the time, Russian bombers were carrying out attacks in Syria, the prosecutor said during the interrogation.
Keld Demant did not.
According to Keld Demant, no one in the company was in doubt that the legislation should always be followed. And he was convinced his employees took care of that, also in the case of jet fuel.
Mail on jet fuel to Syria
At the end of January 2017, Dan-Bunkering wrote in a reply to the Danish Business Authority that there was no indication the company was supplying jet fuel that ended up in Syria.
Shortly after, Dan-Bunkering would resume deliveries of jet fuel to the Russian customer.
But a legal adviser in the group, Casper Dybdal, warned about this in an email to which the prosecutors returned to repeatedly in the trial.
In the email to Keld Demant and three other directors, the adviser wrote that “we have now been made aware that the product will most likely end up in Syria. What is your take on it?”
In court, the prosecutor asked Keld Demant how he responded to the email. The response from the CEO was that he had been told by his people that they had investigated the matter and that nothing was wrong.
Deliveries of jet fuel continued in the following months after Dan-Bunkering introduced a clause in the agreements with the Russian customer that there must be no breach of sanctions. But the consequences of continuing deliveries were not taken into account by Bunker Holding’s CEO.
Keld Demant also stressed that he leads a very large group with over 50 subsidiaries, and all employees of Bunker Holding have undergone a module regarding sanctions compliance. Further, Keld Demant said he has never been involved in individual trades.
Mail with warning omitted by internal investigation
The two senior plaintiffs in the case had said in advance that during the interrogation of the top director, they would play audio clips from secret wiretaps made by the Special Economic and International Crime (SØIK) police.
The wiretaps took place in the fall of 2019 around the time SØIK conducted a search of Dan-Bunkering’s headquarters.
In court, the prosecutors played a short clip from a telephone conversation between Keld Demant and his then personal assistant, who is also the daughter of the group’s owner, Torben Østergaard-Nielsen.
In the conversation, Keld Demant talks about some emails that he has reviewed with the group’s legal adviser, Casper Dybdal, and that they agreed that those emails “should stay there”.
The prosecutor wanted to know what it was all about and Keld Demant explained it was about the mail that had previously been presented in court. In the email, Casper Dybdal wrote Dan-Bunkering has been made aware the jet fuel has an “overwhelming probability” of ending up in Syria.
That email should not be part of an internal investigation launched by the case, Keld Demant said in court. That was what he told his assistant in the intercepted phone call, because she was nervous that the legal adviser would be personally offended by it.
Keld Demant explained the internal investigation of Dan-Bunkering was launched after SØIK charged the company in September 2019.
The trial is set to continue next week, and a verdict is expected before Christmas.
Note: Earlier Manifold Times coverage regarding Bunker Holding/Dan-Bunkering’s alleged breaches of EU sanctions can be found below:
Related: Dan-Bunkering trial: Prosecution examines revealing email to Group Directors
Related: Dan-Bunkering trial: Hearing resumes after accusation of impartiality
Related: Dan-Bunkering trial: Hearing temporarily suspended due to impartiality
Related: Prominent prosecutor to lead spectacular lawsuit against Dan-Bunkering
Related: Bunker Holding: ‘No signs’ in alleged breach of EU sanctions post internal investigation
Related: Experts: Bunker Holding alleged jet fuel sale significant to outcome of Syrian War
Related: Bunker Holding ‘surprised’ at fuel sale charge; maintains ‘full confidence’ in Group CEO
Related: Danish prosecutor proposes jail sentence for Bunker Holding Group CEO over jet fuel sale
Related: Bunker Holding & Dan Bunkering allegedly charged over EU sanctions violations
Related: Dan Bunkering ‘surprised’ SØIK has pressed charges over alleged EU sanction violations
Related: Dan-Bunkering: Everything has been investigated – the case should be closed
Related: Name ban on parties involved with Dan-Bunkering Syrian jet fuel deal lifted
Related: Dan-Bunkering Middelfart office searched by commercial crimes police
Related: Firm linked to alleged Dan-Bunkering Syrian war activities under sanction
Related: Update: Dan-Bunkering Syria jet fuel supply ops allegedly longer than thought
Related: Dan-Bunkering faces preliminary charges by SOIK with violation of EU Syria sanctions
Related: Investigations on Dan-Bunkering over alleged Syrian jet fuel deal start
Related: Danske Bank casts doubts on Dan-Bunkering reason for Syria investigation
Related: Danske Bank reported Dan-Bunkering to police in EU sanctions case
Related: Bunker company acknowledges flawed statement in EU sanctions case
Related: Unioil Supply dragged into Dan-Bunkering sanctions allegations
Related: Dan-Bunkering has not violated EU’s sanctions against Syria, it insists
Related: Nordea highlights stance on compliance after Dan-Bunkering discovery
Related: Danish media alleges Dan-Bunkering jet fuel deliveries during Syria war
Photo credit: Bunker Holding
Published: 11 November, 2021
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