Judge recuses himself from Chevron environmental lawsuit case, denies any wrongdoing

Judge recuses himself from Chevron case in Ecuador

QUITO, Ecuador — The Ecuadorean judge presiding over a $27 billion environmental lawsuit against Chevron recused himself Friday amid an investigation into allegations of wrongdoing.

Earlier this week, Chevron released three video recordings in which provincial Judge Juan Evangelista Nunez allegedly told two businessmen — an Ecuadorean with ties to Chevron, Diego Borja, and an American businessman, Wayne Hansen — that he had already made up his mind to rule against the company.

Nunez denies the allegations, saying the tape was “edited and manipulated,” but told The Associated Press that he is stepping down to facilitate the government’s investigation.

Ecuadorean Attorney General Washington Pesantez told a news conference Friday that he personally asked the judge to recuse himself to avoid further delays in the trial and stop what he said he suspects may be the company’s efforts to discredit the court’s eventual ruling.

In one of the videos, a man who describes himself as a member of Ecuador’s ruling political party asks one of the same businessmen for $3 million in exchange for being awarded environmental cleanup contracts that would follow a ruling against the company.

The man, whom Chevron identifies as Carlos Garcia in a preamble to the recording, says the payment would allegedly be divided equally between the plaintiffs in the case — the Amazon jungle Indians and peasants who filed the lawsuit against Chevron — the judge, and “the presidency.”

President Rafael Correa’s party denies Garcia is a member of the party or represents the presidency.

The three videos were recorded on separate dates by Borja and Hansen, who used tiny bugging devices in a watch and a pen, Chevron said.

Nunez says that he never solicited or received bribes, or said that he would rule against the company.

“Of what can they find me guilty with these hackneyed, edited and manipulated videos? Nothing,” he asked.

In a statement released Friday, Chevron Vice President and General Counsel Hewitt Pate applauded the judge’s decision to step down, saying that Nunez “has correctly realized that his position has become untenable.”

“No judge who has participated in the type of meetings shown in the video recordings could possibly have rendered a legitimate decision,” Pate said, adding that “it is important that prior rulings of the judge be annulled.”

Nunez says a mutual acquaintance requested that he meet with the businessmen to explain court procedure and nothing incriminating took place at the meetings.

Pesantez said that he is investigating the allegations against Nunez but has asked Chevron to hand over complete videos because the two released by the company “seem to be edited.” His office has said Chevron’s translation of the tapes into English is “poor” and “misleading.”

Pesantez added that Chevron “seems to be looking for a pretext not to pay” potential damages.

Chevron has denied editing the tapes. The San Ramon, California-based company has said previously that the videos prove the legal system and government are corrupt and that it will not pay damages if it loses the lawsuit.

“Recent statements by government of Ecuador officials indicate an intent to attack Chevron rather than investigate potentially inappropriate actions,” Pate added in his statement. “An independent and honest investigation of the evidence that Chevron brought forward remains just as important following Judge Nunez’s removal.”

The plaintiffs, represented by the nonprofit Amazon Defense Coalition, also applauded the judge’s recusal, saying it “clears the path for the legal proceedings to continue uninterrupted.”

“The recusal does not change the overwhelming evidence against Chevron in the underlying case, attorney for the plaintiffs Steven Donziger said in the statement. “The evidence in that case demonstrates clearly Chevron’s responsibility for wrecking the rainforest, decimating indigenous groups, and putting thousands of … citizens at grave risk.”

The lawsuit against Chevron stems from environmental damage the plaintiffs allege Texaco caused in the Amazon rain forest between 1972 and 1990. Chevron acquired Texaco in 2001.

Chevron claims that Texaco already paid to clean up the region in an agreement with the government and says it is not liable for further damages. Company officials also say that Texaco’s former partner, state oil company Petroecuador, continued to pollute the region after Texaco departed. Few dispute that claim.

Chevron officials deny the company paid for the videos or sent its own employees to record them, and insist they don’t know why the men made the recordings or turned them over to the company. But they acknowledge that the Ecuadorean who appears in the recording is a former contractor for Chevron.

The president of the court in the Nueva Loja province where Nunez presides must approve his recusal.