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> significant evidence of Donziger's fraud ended up being captured by a friendly documentary crew that had been following him around. I don't think thats a cor
by lesuorac 4y ago
> significant evidence of Donziger's fraud ended up being captured by a friendly documentary crew that had been following him around.
I don't think thats a correct reading of the judgement at all. The "most thorough documentary" is the court referring to itself in the amount of data (i.e. documents) that it accumulates to show that it's improbable for the Ecuadorian judge to have written the initial decision (against chevron).
> many court cases Donziger has lost
Tthose court cases generally explicitly say they're not deciding if Chrevron broke any laws. They're generally pretty explicit in that they don't think Donziger won "correctly". i.e. with the PCA the PCA isn't saying that Chrevron didn't litter, they're saying we think the decision by initial judge was done improperly (i.e. it was ghost written).
[1]: https://pcacases.com/web/sendAttach/2453 https://pcacases.com/web/sendAttach/2453
> (4) The ‘Ghostwriting’ of the Lago Agrio Judgment: The facts established on the
factual, expert and forensic evidence speak for themselves, as set out at length in
Parts IV, V and VI above.
8.54 As there explained, the details as to how exactly all or material parts of the Lago Agrio
Judgment came to be written, corruptly by certain of the Lago Agrio Plaintiffs’
representatives for Judge Zambrano, remain incomplete. The missing factual and
forensic evidence is likely available only in Ecuador, if it still exists at all. Yet the
circumstantial and other evidence adduced in this arbitration is overwhelming. Short
of a signed confession by the miscreants, as rightly submitted by the Claimants at the
end of the Track II Hearing, the evidence establishing ‘ghostwriting’ in this arbitration
“must be the most thorough documentary, video, and testimonial proof of fraud ever
put before an arbitral tribunal.”31
- Lazare 4y agoYou are entirely correct, although I don't thin anything you said contradicted anything I wrote! It's quite clear that the residents of Lago Agrio suffered and are continuing to suffer; significant environmental damage was done and was not remediated. It's less clear who should be responsible for that; the damage was caused by a joint venture between a company that no longer exists (but which is now part of Chevron) and the Ecuadorian government (although the current Ecuadorian government doesn't recognise some actions that previous governments took as legitimate). It's certainly arguable that at least some responsibility may have come to rest with Chevron, yes. ...none of which has any bearing on the question of whether Donziger bribed a judge or whatever.