UK, DRC in spat over alleged use of UN cover to conduct secret probe
Johannesburg – South Africa’s trade partners, the United Kingdom and the Democratic Republic of Congo (DRC), are engaged in a serious spat, with the Serious Fraud Office (SFO) in the UK accused of posing as United Nations officials in a secret probe.
The Serious Fraud Office (SFO) in the UK is accused of
abusing UN resources in a clandestine investigation they are running against
Kazakhstan giant mining house ENRC in the Democratic Republic of the Congo.
The Star was informed that some SFO officials allegedly
sneaked into the DRC in April 2021, claiming to be employed by the United
Nations, and attempted to collect information and intelligence on ENRC. But
their attempts came to naught when it became apparent that they were not UN
officials.
“There is a treaty and legislation in place between the DRC
and the UK, in terms of a pre-agreed Mutual Legal Assistance agreement, and
that is the process that has to be followed,” an official in the DRC Department
of Justice told The Star on condition of anonymity.
“It is not clear why the SFO elected to unofficially and
illegally elect to try and get information when there is a legal framework in
place. The law says that the SFO needs to formally apply to interview witnesses
and obtain information, just like when we (the DRC) are required to do when we
need to go to the UK for investigations.
It is believed that the two SFO officials operated under the
guise of the UN, wearing blue helmets and other UN-branded clothing, and
travelled in an armed convoy.
They were attempting to obtain evidence from local banks and
government institutions about a $35 000 000 payment that was said to be related
to an illegal payment between ENRC and Israeli billionaire Dan Gertler a decade
ago.
’’Why don’t they seek our government’s assistance formally?”
the official said.
“We are interviewing witnesses who were unlawfully
interrogated by them and if the evidence checks out and our citizens were
misled, threatened or offered bribes, we will seek the extradition of the two
SFO officials to the DRC,” the official continued.
ENRC is claiming $70m in damages from the SFO, claiming that
the SFO illegally persuaded the ENRC lawyer at the time, Neil Gerrard, of
internationally acclaimed law firm Dechert, to leak information and evidence to
the SFO.
ENRC is seeking relief in a London court for damages for
what it terms misfeasance in public office and a breach of fiduciary duty on
the part of Gerrard. The matter is on trial currently in the UK.
In a separate claim by ENRC’s lawyers, Quinn Emanual,
evidence of the leaking of evidence and information by the SFO case controller
at the time, John Gibson, to journalists. The said journalist used the
documents and information in a subsequent book, Kleptopia, the ENRC lawyers
allege.
The Star is still seeking an audience with the UK's Serious
Crimes Office and the ENRC via a Zoom call.
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