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Lord Browne of Madingley, the chief executive of BP, faces courtroom questioning over the deaths of 15 workers and hundreds of injuries caused by the Texas City refinery explosion.
The UK oil group has fought to keep its chief executive out of the case, but a Houston appeals court ruled late on Friday that he must appear to answer plaintiffs’ questions.
The case is the first of more than 170 lodged by those who claim that they were injured in the March 2005 accident. BP has settled with the families of all those killed.
The company has accepted responsibility for the accident, but has been fiercely rebuked by regulators and an independent inquiry after it was shown that cuts led to lapses in safety procedures that could have prevented it.
BP has long opposed putting its outgoing chief executive in the witness box and would not say last night whether it would continue to fight his court appearance. A BP spokesman in Houston said: “We are weighing our options. The decision was made on Friday night and we have yet to decide our next move.
“As we have said before, Lord Browne has no unique knowledge of the events that led up to the explosion so we do not necessarily agree that he would make an appropriate witness.”
The spokesman said defence lawyers had been given access to every senior BP person in its refinery business in the US.
Brent Coon, a lawyer for one of the plaintiffs, said that the court’s decision marked a big boost for his case.
“The ruling is unique in that it is rare for the chief executive officer of a major company to be forced to testify against his will, lending further support to our long-standing contention that Lord Browne was directly involved in decision-making roles that contributed to this horrible tragedy,” Mr Coon said.
“Hopefully his deposition will shed further light on the full extent of his knowledge.”
The spokesman for BP, which has set aside $1.6 billion (£820 million) to settle personal injury cases related to the explosion, said that the company would continue in its efforts to make fair payments to all those who warranted them.
“We do not want to see any case go to trial that does not have to go to trial,” the spokesman said. “It has been the company’s intention all along to make sure that those who were hurt by events at Texas City are fairly compensated.”
Lord Browne, who is said to be angered by the court’s decision, is to retire in July and will be succeeded by Tony Hayward, BP's head of production and exploration.
If he gives evidence, Lord Browne is expected to be questioned closely about the cost-cutting regime that led to record returns for the oil giant but which have been shown to have reduced spending on safety issues.
The Local Authority Pension Fund Forum, which controls £70 billion of assets and has £700 million invested in BP, has demanded that BP effect stronger controls on remuneration and internal investigations after a series of safety failures. On Friday the London Pension Funds Authority began US litigation to try to freeze an estimated £72 million package for Lord Browne of Madingley, BP’s outgoing chief executive.
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Lord Browne should be given his P45 and dismissed
with NO payday. Too many bosses are given huge
bonuses and leaving packages even when they have
performed poorly.
Douglas W. Tott, Port Ellen, Scotland
Its easy to be critical of a company when you used to consult for them where you were dismissed because you took the time to be concerned about safety violations. I look on Texas City with irony. I saw such a very instance on two occasions on platforms BP controlled at the time by BP between 1991-93 in the UK North Sea. The permit systems were useless as nobody paid much attention to incidents when they could have been stopped in the first place. Everyone is afraid to "not tow the company line' or upset management onshore despite all the proactive safety posters around installations. In fairness, there are employees within BP that are frustrated yet its the same change resistant archaic management that runs matters and its industry wide, not only at BP even in 2007. People should not be afraid to report incidents and it costs little to have a safe workplace otherwise why bother conducting any operations in the first place if you are not looking out for the best interests of your fellowman or woman?
Steve Kelly, Calgary, Canada
This is ridiculous! The operations that suffered the explosions were previously Amoco owned and they did not keep up with H/S.
Accidents happen all the time. Deal with it (which BP have done in payments made to victims and families )and move on! Sometimes not all the Health and Safety in the world can prevent accidents!
Nick P, Birmingham,
I think it is only right that Mr brown stands trial. He was the one that ordered all the cuts backs in H&S.
BP loves to tell the public and the share holders about all the profit they are rapeing from the public. It is easy to make big profits if your not spending money on items such as H&S etc.
Regards,
John, London, UK