Following a comprehensive review of all the pre-investigation materials, and an initial assessment of the details of the indictment decision itself, the Company and its defence counsel are of the view that it is simply not possible to conclude that any representative of the Company, either directly or indirectly, was complicit in encouraging anyone to commit crimes against international law — let alone that any perpetrator as a result of such encouragement would have committed any such crimes. Since the Prosecutor cannot, on an objective assessment, expect a conviction in an indictment against the Company representatives, he could be pursuing an unjustified indictment.
“This case is both unfounded and fundamentally flawed. There is no evidence linking any Company representative to the alleged primary crimes in this case and we see no circumstance in which a corporate fine or forfeiture could become payable given this fact. The Company intends to firmly contest the claims for a corporate fine and forfeiture of economic benefits and does not foresee any impact on the operational and financial guidance that has been set out previously.”
The Company is therefore today publishing a summary of its position on the indictment from its defence counsel to provide further reassurance as to the defence, available on this link https://www.lundinsudanlegalcase.com/wp-content/uploads/2021/11/Lundin-Energy-AB-counsels-statement-2021-11-12.pdf
This summary clearly shows six key areas in which the Swedish Prosecution Authority’s decision to indict is fundamentally flawed:
- The Company carried out fully legitimate and responsible business operations in
Sudan as part of an international consortium. It operated within a framework of constructive engagement in the country as endorsed by the UN, EU andSweden . - There is no evidence or valid grounds for allegations of complicity by any Company representatives.
- The Prosecutor’s statement of the criminal act is extremely vague and inexplicit: after eleven years of investigation, it still does not meet basic requirements under Swedish law.
- The NGO reports referred to by the
Swedish Prosecution Authority cannot be relied upon as evidence in court: they are primarily intended for opinion formation and activism and lack credibility, accuracy and reliability. - Plaintiff interviews from the pre-investigation contain extensive inaccuracies, incomplete information and there are major credibility and integrity issues in relation to how the Plaintiffs were identified by the Prosecutor.
- There is no basis for a corporate fine or forfeiture against the Company, primarily because no crime has been committed in pursuit of legitimate business activities but also because the calculations are based on wholly incorrect assumptions leading to a number inflated by an order of magnitude, which have no basis in law and are highly speculative.
The Swedish Prosecution Authority’s decision to bring these criminal charges is yet another step in a long legal process which may take many years to reach a conclusion.
Biörn Riese, Jurie, Senior Defence Counsel for the Company stated:
“Having followed this seemingly never-ending investigation closely for many years, we remain confident that the operations in
The Company remains confident that both the defence and the extensive deficiencies in the conduct of the investigation will be considered by the Court process in determining that its representatives did nothing wrong.
The Company will continue to assess this matter as it develops and update the market accordingly.
For more information on the Company’s past activities in the region, the case to date and our concerns over the legal process, please visit www.lundinsudanlegalcase.com.
For all IR requests, please contact:
VP Investor Relations
Tel: +41 22 595 10 14
edward.westropp@lundin-energy.com
For media requests, please contact:
Head of
Tel: +46 701 11 26 15
media@lundin-energy.com
Forward-looking statements
Certain statements made and information contained herein constitute “forward-looking information” (within the meaning of applicable securities legislation). Such statements and information (together, “forward-looking statements”) relate to future events, including Lundin Energy’s future performance, business prospects or opportunities. Forward-looking statements include, but are not limited to, statements with respect to estimates of reserves and/or resources, future production levels, future capital expenditures and their allocation to exploration and development activities, future drilling and other exploration and development activities. Ultimate recovery of reserves or resources are based on forecasts of future results, estimates of amounts not yet determinable and assumptions of management.
All statements other than statements of historical fact may be forward-looking statements. Statements concerning proven and probable reserves and resource estimates may also be deemed to constitute forward-looking statements and reflect conclusions that are based on certain assumptions that the reserves and resources can be economically exploited. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, assumptions or future events or performance (often, but not always, using words or phrases such as “seek”, “anticipate”, “plan”, “continue”, “estimate”, “expect”, “may”, “will”, “project”, “predict”, “potential”, “targeting”, “intend”, “could”, “might”, “should”, “believe” and similar expressions) are not statements of historical fact and may be “forward-looking statements”. Forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause actual results or events to differ materially from those anticipated in such forward-looking statements. No assurance can be given that these expectations and assumptions will prove to be correct and such forward-looking statements should not be relied upon. These statements speak only as on the date of the information and
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Lundin Energy - 2nd Ind - 12112021en
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