Friday 18 June 2010

Due Process

I watched as the CEO of bp, Tony Hayward, sat in front of a US committee looking into the Deepwater Horizon Gulf Oil disaster, and learned a few lessons, I was not expecting to learn. I know in advance that my thoughts are not universal, and may not be accepted, but they are mine and arrived at by reason, not emotion. 


Early in the hearing, Joe Barton, a Texan, apologised for the way Hayward had been treated, especially by the President in the White House, and likened it to a 'shakedown'. I confess I had to go and look that one up, and I found it means to extort money with menaces, or in other words bribery and corruption, and in the name of the highest office in the world! His apology was heartfelt, but withdrawn later when he was hustled by the other members of the committee.


The US law system is based on the principle of 'due process', which is the same as the UK basis of being innocent until proved guilty. Now this is where I learned my lessons. The process I saw yesterday was certainly not 'due process'. Guilt has already been established by the US people and their representatives. Now that may be true, and bp may be guilty of a serious breach of numerous safety procedures, but it appeared to be more of a lynch mob than a committee driven by getting the truth. On more than one occasion, bp was referred to as 'British Petroleum' in a deliberate ploy to take the focus away from the USA, in spite of the fact that they also have many rigs which use the same processes. Also, all actions taken were with the agreement of the relevant US safety agencies. Nothing was done outwith the agreed and accepted standards of the industry. 


Another lesson learned, is that there was a definite desire to lay blame fully and completely on Tony Hayward. Yes, he is the CEO, and the right person to have in the dock, but it is illogical and unreasonable to assume that he holds the key to all the answers, and knows everything about other peoples emails sent up to 7 years previously. I'm afraid due process and reason went out of the committee room as they all lined up to take the knife and plunge it repeatedly into a person who has not been found guilty of any crime. It became routine that the same things were asked, which appeared to be incriminating, by every member, some of whom could hardly put two words of a sentence together, as they passed the knife to each eager person. Mind you, when the lynch mob is throwing the rope over the branch of the tree, you don't have to be fluent in any language.


My perception of the US legal and judicial system has disappointed me recently, as has the behaviour of the President of the greatest gas and oil guzzling nation in the world. I also listened as I learned that every other oil company (bar none!) has the same safety processes in place should any deep water explosion or blowout happen. These other companies must be very happy that they are not being held to account, well, not yet! The phrase, "There but for the grace of God, go I", springs to mind.


Having said all that, I am NOT saying that bp is innocent of all charges. It may be guilty, and certainly should pay heavily for the coastal damage caused. The lives lost, however, will never be brought back, and are lost for ever. It saddens me to see that the core of the accusations from the committee focussed on the environmental damage. Only some small references were made to the lives needlessly sacrificed on the high altar of our global need for oil and gas. For me, the only good which might come of all this, is that the USA will waken up to the need for energy systems which do not rely on the love affair with for oil. Other nations would quickly follow. On that score, we are literally "out of our depth", and it is beginning to show! 

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