News Releases & Statements

31 Aug 2007

Judicial Inspection of Havoc Laboratories Scheduled for 8th Time

QUITO, Ecuador, Aug. 31, 2007 - In its 8th attempt, the Civil Court of Pichincha is scheduled to inspect Havoc laboratories on Monday, September 3, to determine whether the facility was qualified to undertake the required analysis of water and soil samples from oil sites in the Oriente, in the ongoing environmental lawsuit against Chevron. All seven previously scheduled inspections have been blocked by various lawyers representing the plaintiffs and the laboratory.

The inspection was originally ordered by the Civil Court of Pichincha in February 2006 after Chevron noted to the Superior Court of Lago Agrio that the laboratory was not properly accredited by the Ecuadorian Accreditation Organization (OAE) to perform the necessary analyses required in the environmental trial against Chevron. Chevron admonished the Superior Court of Lago Agrio that the analytical reports produced by the Havoc Laboratory did not follow the court ordered Analytical Protocol and contained inaccurate and unreliable laboratory data. Such data are contained in expert reports filed by the plaintiffs and represent over 75% of all of the laboratory data that plaintiffs have filed in this case in a groundless effort to hold Chevron accountable for alleged environmental and health impacts in the Oriente.

"Lawyers for the plaintiffs and the Havoc laboratory have deliberately blocked the Court's efforts to inspect the lab" said Ricardo Reis Veiga, Managing Counsel for Chevron Latin America. "Just what are these lawyers hiding? Why are they obstructing justice? What's going on with that laboratory that these lawyers don't want the Court or the public to know?"

Veiga added, "Their laboratory was not accredited or qualified to conduct hidrocarbons or metals analysis in soil and water during the evidence gathering process in Phase One of the trial, which would render all of their so-called evidence based on Havoc 's analysis invalid. Their repeated attempts to hide the truth from the Court and the public are one of many obstruction of justice tactics designed to deny Chevron its right to a fair trial."

During the past seven attempts, the judicially ordered inspection has been blocked through a series of legal filings and disregard for the orders of the court:

  • On February 17, the Civil Judge of Pichincha, Dr. Germán González del Pozo, went to the Laboratory on the day of the officially scheduled inspection only to find its doors locked and access to the laboratory's facilities denied.
  • On March 21, 2006, Judge González returned to Havoc Laboratory to once again find its doors locked, and his access denied.
  • On March 30, 2006, when Judge González was about to leave the Court House to conduct the Inspection of Havoc Laboratory, plaintiffs' lawyers intercepted him with "a petition to desist and abstain."
  • On May 31, 2006, a few hours before the next scheduled inspection, lawyers representing Havoc, together with the plaintiffs' attorneys, presented the Judge with a petition of several hundred pages requesting the suspension of the inspection.
  • On August 28, 2006 three days before the reset inspection date the Judge requested both parties to appoint the experts for the Inspection. Havoc failed to appoint an expert, and, therefore, once again the Judge was forced to cancel the inspection.
  • The inspection was rescheduled for October 23, 2006. However, a few days prior to this date, Havoc Laboratory's legal representatives filed a Recusal Claim in an effort to remove the judge and force suspension of the Inspection.
  • On April 23, 2007, one day before the seventh attempt by the Court to inspect the Havoc Laboratory, attorneys on behalf of Havoc Laboratory, aligned with the plaintiffs' attorneys' filed a legal motion to stop the court from carrying out the inspection.

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