Examination of Witness (Questions 60-79)
Dr Burhan Mahmoud Al-Chalabi
20 April 2006
Q60 Sir Philip Mawer:
Understood. You went to Baghdad to get clearance for the flight.
You also, either at that time or before, had been seeking sources
of funding to enable this flight, which would be expensive, to
take place. You had, is it prior to your visit to Baghdad, made
contact with a number of companies, including Fortum?
Dr Al-Chalabi:
Yes.
Q61 Sir Philip Mawer:
And you had given them some advice.
Dr Al-Chalabi:
Yes.
Q62 Sir Philip Mawer:
When you were in Baghdad, are we talking about December or March
here? December 1999 or March 2000?
Dr Al-Chalabi:
No. I am pretty sure it was on the first visit.
Q63 Sir Philip Mawer:
On the first visit. When you were there you made it known that
you had made approaches to these companies, which included Fortum?
Dr Al-Chalabi:
It was called Neste Oy.
Q64 Sir Philip Mawer:
Yes, indeed. The name has changed. It is a wholly owned subsidiary,
I understand, of Fortum. You were in touch with these companiesand
that you were in a sense their agent?
Dr Al-Chalabi:
Yes.
Mr Al-Mukhtar:
Yes.
Q65 Sir Philip Mawer:
Subsequently, just to complete the picture, Neste/Fortum received
an oil contract?
Dr Al-Chalabi:
Yes, because, as you know, they are well known to the government.
Q66 Sir Philip Mawer:
Through your agency, because you were the agent?
Dr Al-Chalabi:
I do not know whether it was through my agency or through my help
or because they had made their position clear on the sanctions.
Q67 Sir Philip Mawer:
You had advised them, you mentioned earlier, to make their position
clear on the sanctions. They clearly felt, it appears, an obligation
to you because they paid you commission.
Dr Al-Chalabi:
Correct.
Q68 Sir Philip Mawer:
So they felt they were getting something for what you had done
for them.
Dr Al-Chalabi:
Correct.
Q69 Sir Philip Mawer:
If my understanding is correct, and you have not dissented at
all from my understanding, you might draw the conclusion from
the story that you have given me that the object of the then Iraqi
regime in giving a contract to Neste/Fortum through your agency,
and telling Neste/Fortum it had been achieved through your agency
presumably, was to enable funds to flow to support the mercy flight.
Would that be a fair conclusion in your view?
Mr Al-Mukhtar:
No. This is the result of it, because Iraq had to sell oil.
They had to sell to any company. They sold to American companies,
Japanese companies, European companies, so it was felt that the
companies which are friendly to us should get oil as well. Why
sell to the American companies who are taking a position against
us when we can sell to the Norwegians who act for this company?
Q70 Sir Philip Mawer:
As you know, few contracts were placed with American companies,
some but not many.
Mr Al-Mukhtar:
Of course.
Q71 Sir Philip Mawer:
Similarly, very few actually were UK donations, except for those
which, according to the State Oil Ministry records, were made,
one, to Dr Al-Chalabi or, two, to Fawaz Zureikat (the Mariam appeal)
(George Galloway). That is the allegation.
Dr Al-Chalabi:
The oil contract was not for me. The oil contract was for Fortum.
I was a complete outsider. I was a commission agent.
Q72 Sir Philip Mawer:
How do you explain the appearance in the State Oil Ministry records,
which as you know list all the contracts awarded, of your name
and also that of Mr Galloway in relation to the contract M/07/83?
How would you explain that?
Dr Al-Chalabi:
I do not know about Mr Galloway. I attended the first meeting
between SOMO and a representative of Fortum, so I canprobably
a note of attendance. That is the only thing I canmy comments
are.
Q73 Sir Philip Mawer:
So your attendance at that meeting was as agent for Fortum? Did
you effect the introduction between them and the Oil Ministry?
Dr Al-Chalabi:
Yes, I took them there.
Q74 Sir Philip Mawer:
You mentioned Mr Amin earlier in the conversation. Is that Mudhafar
Amin?
Dr Al-Chalabi:
Mudhafar, yes.
Q75 Sir Philip Mawer:
Who was at that time the chargé d'affaires in the
Iraqi Embassy in London, as I recall?
Dr Al-Chalabi:
He was the head of the Iraqi section of the Royal Jordanian Embassy.
Q76 Sir Philip Mawer:
Forgive me. In essence he was the senior Iraqi diplomat in London
at that time?
Dr Al-Chalabi:
Yes.
Q77 Sir Philip Mawer:
That is helpful. Can I, moving on, ask you when you
..
Mr Al-Mukhtar:
Sir Philip, do forgive me if I just add one thing. The sale contract
clearly is between SOMO and Fortum, so whatever reference is in
the SOMO schedules is a mere note to the actual contractual relationship.
The contractual relationship is signed by SOMO and the Norwegian
company.
Q78 Sir Philip Mawer:
I understand the point you are making, and I am sure that legally
you are correct but, as you yourself indicated earlier, Mr Al-Mukhtar,
the then Iraqi Government was in the habit of usingand
understandably so, given its positionits oil contracts
as a means of rewarding people who were favourable to its views
and withholding them from people who were not favourable to its
views.
Mr Al-Mukhtar:
Absolutely.
Q79 Sir Philip Mawer:
So the SOMO documents are not just an indication of with whom
legally there was a contractual relationship over a particular
oil delivery, but they are also an indication of in whose favour
the contracts were being awarded, that is, of the wider purpose,
if you like, of the contracts, and in that context the appearance
of the names of Dr Al-Chalabi and Mr Galloway together appears
significant.
Mr Al-Mukhtar:
This is the point that I am trying to address, that too much emphasis
has been put on some note which a clerk in the department puts
on a piece of paper. Principally it is because this is by way
of identifying which company was introduced by whom or something,
rather thanI mean, it is preposterous to suggest that at
the end of the day a state oil company like Fortum, which is a
government agency, it is a European government agency,
to reduce it to a front for whether Mr Galloway or Dr Chalabi
or whoever, is a little bit unreasonable, so this is the only
point I am trying to make, but by all meansI thought I
would just mention this to you.
Dr Al-Chalabi:
And leaving aside the political view of the Iraqi Government,
taking the humanitarian side, if an action is going to focus attention
on the suffering of the Iraqi people, I think that is a view that
would be shared by all humanitarians. I have no problem with
that.
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