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Total revealing 'as little as possible' about blast

Day 25. Oil company Total was accused of a 'deliberate intent' to reveal 'as little as possible' about events on the night of the Buncefield disaster, the High Court heard. (Thursday, December 4)

Jonathan Sumption, acting for Chevron, told the court witnesses working in the control room, who were due to give evidence, had been 'pulled' at the last minute by Total.

"This case has been characterised at every stage by a deliberate intent to ensure the court knows as little as possible about the incident," he said.

Mr Sumption, presenting Chevron's final submissions, claimed evidence from supervisors on the night of the blast would demonstrate normal working practices, and not isolated behaviour, had led to the disaster.

He said Total had 'ultimate operational control' of the depot despite company documents naming Hertfordshire Oil Storage Limited (HOSL) as the 'operator'.

Mr Sumption said of the documents: "They are all mutually inconsistent with each other.

"There are a plethora of documents pointing in different directions.

"We have to look at what Fina (which became Total] was actually doing and how they were doing it.

"The fact is Fina assumed responsibility for health and safety from the word go."

He told the court HOSL was a 'vehicle company' and a 'forum for joint decisions' with no employees.

"It was always intended that HOSL would discharge the operational function by discharging it to Fina," he said.

Mr Sumption told the hearing a report on a 'near miss' incident in 2003, when a fuel storage tank nearly overflowed, was sent to Total's headquarters and not the board of HOSL.

"That was not just an oversight. It was the system," he said.

Total and Chevron were partners in HOSL, a joint venture, but they have fallen out over responsibility for the disaster and who should pick up the tab.

Residents and businesses are seeking damages of around 700million from Total and HOSL.

The trial continues.


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