Report 31 – Testimony of the plaintiffs Stephen Gatlueng Kouh & Andrew Noan
While the previous plaintiffs’ stories have been similar in many ways, this week’s testimonies stand out from the rest. The two plaintiffs were employees at Lundin Oil, a fact that attracted media to the court. Unlike the previous hearings, this hearing mainly focused on the plaintiffs’ observations from the Lundin Oil base camp. This week also saw prosecutor Henrik Attorps return to Courtroom 34 after a period of absence.
Hearing with plaintiff Stephen Gatlueng Kouh
When arriving to Stockholm District Court on the 10th of September, media was circulating outside Courtroom 34. A big wooden panel temporarily placed in the corridor separated the defense team and the defendants from the public. A journalist appeared disappointed after finding that her camera, which was pointed towards the bench where Ian Lundin and Alexandre Schneiter usually sat, was now blocked by brown wood.
Judge Tomas Zander started the hearing by welcoming plaintiff Stephen Gatlueng Kouh. Stephen expressed his gratitude to the court but also to God for the opportunity to participate in this case. Before giving the floor to the prosecution, Judge Zander gave plaintiff’s counsel Percy Bratt the opportunity to present a brief introduction of Stephen. Stephen was born in December 1976 in Leer and previously worked as a radio operator for Lundin Oil at their base in Block 5A. Percy Bratt explained that Stephen would testify about the correspondence between the company and the regime-led militias. This explains today’s increased media presence.
The prosecution, led by Ewa Korpi and Ewamarie Häggqvist, initiated their direct examination by asking about the plaintiff’s background. Stephen explained he is a civil engineer and speaks English, Nuer, and Arabic. Stephen worked as a radio operator for Lundin Oil between 1999 and 2005. Before 1999, Stephen worked for the Bureau of Geophysical Prospecting (BGP) drilling for oil. After drilling, Stephen filled the holes with pipelines. When asked to elaborate, Stephen explained that the predecessor to Lundin Oil, the International Petroleum Corporation (IPC), was the company responsible for the management, while the Chinese company BDP was the one executing the work. The IPC was founded by Ian Lundin’s father, Adolf Lundin.
Stephen continued explaining that the oil-drilling process started by marking lines on the ground where the pipelines were to be placed. If the line crossed a house, the owners of the house were promised compensation if they moved. According to Stephen, many houseowners resisted. A specific line, referred to as Line 34, crossed a house belonging to Stephen’s uncle named Matiep. Stephen encouraged his uncle to accept compensation, although Stephen knew that his uncle was not going to be compensated. In accordance with Stephen’s forecast, Matiep was never compensated as promised. Stephen became emotional at this point. After gathering himself, he continued, explaining that another line crossed an old woman’s house. When offered compensation, the woman answered that she would rather be killed than have her house taken from her. Shortly after this refusal, the woman was abducted from her house by regime-led soldiers. Stephen witnessed this in person.
Working for Lundin Oil
Stephen carried on with his vivid storytelling, stating that he secretly read the company’s emails at night. After reading the emails, Stephen would mark them as unread. The prosecution then presented a map of the Lundin Oil camp, asking Stephen to point out the road leading to the military camp. Judge Zander broke in, asking the plaintiff to explain in his own words what the picture showed. Stephen explained that the map consisted of a military camp, a security service, and the headquarters where the Lundin Oil employees stayed. The picture also showed a landing field for helicopters, a fuel station, and a workshop.
The prosecution continued asking about Stephen’s specific tasks as a radio operator. Stephen stated that the employees, the security services, and the regime-led militias possessed portable radios belonging to Lundin Oil. Stephen was responsible for communicating with the gunships. Stephen witnessed the gunships landing to refuel before continuing on to Nhialdiu and Leer. By the point the gunships were refuelled, Stephen recalls becoming emotional, knowing the gunships were headed to execute an attack where his family lived. Stephen carried on his testimony, explaining that he had access to the security department’s correspondence. If someone entered the office, Stephen received that information and forwarded it to his manager, Brent. When asked who visited the headquarters, Stephen recalled that it was people from the government, the militias, or regular employees. On one particular occasion, two high-ranking soldiers in the militia group led by Paulino Matiep visited and were welcomed by Brent.
The atmosphere in the courtroom suddenly shifted when Stephen testified about witnessing the company giving money to a man representing the soldiers led by Paulino Matiep. The same procedure was repeated with a man representing the National Security Service. According to Stephen, it appeared from the emails that he had secretly read that the money that was being distributed to the National Security Services was 1 million dinars. Two million dinars were distributed to the militias led by Paulino Matiep. The prosecution’s interest was clearly caught by this event, likely since this considerably strengthens their indictment.
When asked to elaborate, Stephen stated that these incidents happened in 2001 and that it was the managers Richard Ramsey and Brent who handed out the money, which was originally stored in a safe-deposit box in the office. Stephen could see this since the door leading to Richard’s office was open. Stephen further testified that he heard Paulino Matiep’s soldiers promise the company to clear the area of rebels in order to construct roads from Rubkona to Leer. Stephen had received this information when overhearing the discussion during the Matiep soldiers visit. The conflict started since the rebel groups, together with the local inhabitants, did not accept the road construction.
Stephen’s testimony was rather scattered, as he continued describing various different incidents. For example, he recalled that he was on the job, informing a helicopter pilot from Lundin Oil where to land, when the pilot was shot in his upper body. Furthermore, Stephen was eventually imprisoned by the security service and accused of sympathizing with the rebels. After being arrested, the security service handed Stephen over to the regime-led militias who imprisoned him. Stephen stressed that although this was carried out by the Matiep soldiers, it was the company that was responsible for the abuse, since paying the militias and the security services to do the job for them. Stephen was eventually released as a consequence of a soldier claiming he was innocent.
The road construction
In November 2001, Stephen went on the Thar Jath Road heading to Leer where his family was located. When he arrived, Leer was occupied by ground troops armed with machine guns. The military also carried out gunship attacks. Stephen stated that his father’s house was burnt to the ground during the attack. Nine people were injured and three people died, one of whom was a child. Stephen emphasized that he had experienced and seen this himself in January 2002.
The prosecution continued, asking if the government had any interest in the road construction, to which Stephen replied that the government assisted Lundin Oil in the road construction by displacing civilians from Block 5A. Stephen witnessed Paulino Matiep at the company’s camp, entering a Lundin Oil plane to be transported to Khartoum. The prosecution concluded the main hearing by asking if Stephen recognized the names Petter Bolme and Egbert Wesselink, which he denied.
The atmosphere intensified the following day when the prosecution asked if Stephen had had contact with Lundin Oil after he had stopped working for them. According to Stephen, he had been contacted by an employee at the company after his resignation. The employee informed Stephen that a lawsuit accusing Lundin Oil of a grave international crime had been filed, and told him that it would be to Stephen’s benefit to testify for the company. If Stephen were to testify for Lundin Oil, he would be rewarded with 20.000 US dollars, housing for his children, and employment. Although he admitted to having been tempted by the offer since he was in desperate need of money to pay for his father’s funeral, Stephen declined the offer. Stephen alleged that he was persecuted by the company as a result.
Stephen concluded the main hearing by asking for God’s protection for telling the truth. Judge Zander gave the floor to the plaintiffs’ counsel Percy Bratt. When asked, Stehpen wanted to correct a statement made the previous day. He explained that he knew Petter Bolme and Egbert Wesselink, which he had previously denied. Judge Zander then gave the floor to Alexandre Schneiter’s counsel Per E. Samuelsson.
Cross-examination by Alexandre Schneiter’s defense
The defense team led by Per E. Samuelsson started their cross-examination by asking about the plaintiff’s background. When asking where Stephen lives now, the prosecution suddenly broke in, arguing that the question was too private and stressed that Stephen was not obligated to answer. Similar to previous cross-examinations, Per Samuelsson asked how Stephen got in touch with the Swedish police, to which he answered Petter Bolme. Stephen stated that he also met Egbert Wesselink in 2018. In the middle of this cross-examination, a young man from the audience wearing a Palestinian scarf suddenly stood up, raising his fist in the air and staring at Judge Zander for a few seconds before leaving. The demonstration did not appear successful since the people present in the room ignored him.
“Did you have a conflict with the company?” “Do you mean apart from that they imprisoned me and tried to kill me?”
Per E. Samuelsson continued his questioning, focusing on the oil pipelines. During his direct examination by the prosecution, Stephen had stated that many houses were destroyed in the village of Bao, where pipeline 34 was constructed. The defense highlighted that Stephen had only seen a man called Matik Gardo’s house being destroyed, and further asked who negotiated the compensation with him. According to Stephen, it was Petroleum Security.
After further questioning by the defense, it appeared that Stephen meant that Petroleum Security had sent an intermediary to negotiate with Matik, as Stephen subsequently testified that no one from Petroleum Security – meaning no white men – were present during the negotiation. The defense then addressed another discrepancy from the police investigation, pointing out that Stephen had previously claimed that a man called Ian Hood from Petroleum Security personally offered Matik Gardo compensation. When confronted by the defense as to why he had made these contradictory statements, Stephen claimed there must have been an issue with the translation in the investigation. To this, Per E. Samuelsson warned him: “Be careful what you say, we have this in Nuer as well.” However, Stephen maintained that he was telling the truth.
When the defense presented an extract from a map which described the placement of Pipeline 34, the prosecution broke in, saying they had another view of where the pipeline was located. Per Samuelsson then turned towards Judge Zander, saying that he did not wish to be interrupted by the prosecution. The prosecution explained that the defense was creating confusion by arguing that Pipeline 34 was not situated in Bao, as depicted by the map, because Bao was a big area that the map did not fully show. Judge Zander stated that the defense would continue their questions without further interruption.
When asked if he had any conflicts with a Lundin Oil manager Jeff Fergusson, Stephen replied “Do you mean except that they imprisoned me and tried to kill me?” to which the defense answered, “I’m not referring to that event.” Since Ian Lundin’s defense team did not have any further questions, the hearing with Stephen Gatlueng Kouh was concluded.
Hearing with plaintiff Andrew Noan
On the 12th of September, it was time for plaintiff Andrew Noan to be heard. Andrew was formerly employed at Lundin Oil, working as a radio operator.
Similar to Tuesday’s questioning, prosecutor Ewamarie Häggqvist initiated the main hearing by asking the plaintiff to briefly speak about his background. Andrew explained that he attended primary school in Leer, which was interrupted by the outbreak of war in 1997. Peter Gadet was responsible for the attack, with regime-led militias also participating. Six civilians were killed during the attack. Andrew witnessed a man being brutally abused, having his hands cut off and later dying from his injuries. Furthermore, Andrew found his grandmother shot in her home. Andrew and his family were forced to flee the area due to the atrocities.
Upon returning to Leer in 1999, the entire area had been plundered by ground troops – Andrew’s family had lost 52 cows. As a result, the local inhabitants suffered from starvation. Andrew was targeted and shot at while receiving food from the United Nations humanitarian aid planes. In February 2000, the area was subjected to aerial bombardment from Antonov planes and camouflaged gunship helicopters. The local inhabitants dug bunkers to protect the children from the attacks. In April 2000, Andrew’s family fled to Bentiu.
Suddenly, Andrew paused and looked around the courtroom. It appeared that Andrew felt there was an underlying ambiguity that had to be addressed. The interpreters translated Andrew’s words in Nuer: “There is no difference between us white and black – it’s only the skin colour. We are the same people as you are within. Africans have not had the chance to develop as you have, therefore we suffer today.” Andrew’s statement was followed by a few seconds of silence in the courtroom.
Observations from the Lundin Oil headquarters
Andrew resumed his testimony, stating that he was hired by Lundin Oil in the autumn of 2002 as a radio operator. They were three people working shifts at what he referred to as the Lundin Oil camp situated in Rubkona. Andrew also worked at the Taliat Oil rig, reporting on any accidents. Andrew’s immediate manager was Jeff Fergusson. The prosecution asked if Andrew witnessed any collaboration between the company and the militias. Before moving to the Taliat Oil rig, Andrew had witnessed a soldier from Paulino Matiep’s group entering Jeff’s office. When leaving the camp, the soldier had a transparent blue handbag filled with bundles of cash. Andrew further claimed that Lundin Oil had a broad collaboration with the militias. The militias regularly visited the company’s camp in Rubkona, although Andrew testified that he was unsure of the purpose of those visits. When asked by the prosecution, Andrew admitted to meeting with Egbert Wesselink and Petter Bolme in 2018 after the Swedish police’s primary investigation. Former employees at Lundin Oil, individuals named Jagei and Kang, had told Andrew to flee the area where he lived. According to the former employees, Lundin Oil wanted to harm him due to his participation in the investigation.
Cross-examination by Ian Lundin’s defense
The defense, led by Torgny Wetterberg, started their cross-examination by referring to a discrepancy from an interview held in Stockholm in 2012 as part of the investigation. According to the Andrew’s statements in the extract cited by the defense, he had stayed in Bentiu from 2001, which was different from his present statement that it was 2000. Andrew explained this by saying there must have been some misunderstanding, firmly stating he has been truthful today. Suddenly plaintiff’s counsel Percy Bratt broke in, saying that another part of the investigation confirmed the statements that Andrew had made today.
The defense now focused on the period during which Andrew was employed by Lundin Oil, asking him to elaborate on his initial time at the company. Andrew explained that after six months at the company, Andrew started working with drilling in RiteSite near the Thar Jath road in June 2003. Torgny Wetterberg cited another discrepancy from the primary investigation wherein Andrew had claimed that he worked with drilling before starting as a radio operator. Andrew urged the defense to present the list of employees working at Lundin Oil if they did not believe him. Torgny Wetterberg then presented the list, which did not include Andrew’s name. After thoroughly reading the list, Andrew responded that all the radio operators’ names, along with the names of many other individuals, were missing.
Torgny Wetterberg carried on with his questioning, asking if Stephen could hear the militia’s communications, for example the soldiers communicating with each other from their cars, to which Andrew replied yes. The defense stressed that he had made contradictory statements during the investigation. Furthermore, the defense showed extracts showing that Andrew had stated that he was not working at the time the money was handed over, since it did not occur during his shift. Instead, he was told this information by a colleague. Andrew explained that he was in the camp although he was not working, since the radio room was not allowed to be unmanned.
Lastly, Torgny Wetterberg alleged that it was the company Petronas that handed over the money during this period in 2003, and that it had nothing to do with Lundin Oil. Percy Bratt then highlighted that this happened a long time ago and therefore the time periods could have been wrong, which Andrew confirmed. Alexandre Schneiter’s defense did not have any further questions. Judge Zander expressed his gratitude to Andrew for participating, to which Andrew answered “I would like to thank the court and the Swedish people. I testified from the heart, I was not forced or threatened to say this. Now, I will exit this court and leave you alone.”
With that statement, the week’s hearing concluded.
Next report
Our next report will cover the testimony of the sixteenth plaintiff Andrew Jagei Hon Diet.