When the AFP announced in 2016 that it was investigating the foreign bribery allegations, local activists were overjoyed, feeling confident that Australian police had the resources to scrutinise the case, lay charges and deliver justice.
But Transparency International Australia chief executive Clancy Moore is not surprised the probe hit a stalemate. It was just the latest allegation, he said, that was put in the too-hard basket.
“It’s a shame that the AFP has had to drop the investigation as over the last 20 years, too many allegations of foreign bribery by Australian companies have not been investigated, put in the too-hard basket, or simply fallen over in court,” Moore said.
He hopes Australia’s new foreign bribery laws, which came into force this month, will finally make it easier for police to investigate and prosecute cases. Under the new regime, businesses and directors that fail to prevent an offence could be charged even if it cannot be proven they knew of bribes.
The OECD has been repeatedly warning about Australia’s failure to properly enforce and adequately punish the bribing of foreign officials. The AFP told federal parliament that foreign bribery investigations were often hampered by a range of factors, including complex corporate structures, and complicated because of difficulties in obtaining evidence from the country in which the alleged crime occurred.
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In 2019, the AFPdropped an investigation into a $200,000 payment from Tabcorp to the family of the Cambodian prime minister, saying it was not possible to obtain the evidence required for a criminal prosecution.
Its case against Leighton Holdings, which is accused of paying millions of dollars in bribes to win Iraqi government contracts in 2010 and 2011, has still not been resolved.
The executive director of Congolese civil-society organisation Sassoufit Collective, Andrea Ngombet, said he was deeply concerned the case had been dropped.
“The Australian Federal Police’s decision to drop the investigation does not undermine Australian citizens’ security, it speaks out loud: ‘Fear not kleptocrats of the world, you’re safe here. Australia is open to corruption’,” Ngombet said.
“We urge the public … to support our push for the investigation’s reopening. Justice, full accountability and transparency are non-negotiable.”
Samuel Nguiffo, a Cameroonian lawyer and manager of the Centre for Environment and Development in Yaounde, said locals had placed a lot of faith in the AFP’s investigation to understand what had happened during the awarding of the contract.
“We are still in the process of building the mining sector so it is very important to us knowing the truth,” Nguiffo said. “It will help improve future operations. When mining contracts are signed, they’re signed for 25 to 30 years, so you better have it fixed from the beginning so generations don’t suffer from bad decisions.”
Sundance, which was forced to delist from the Australian stock exchange in 2021 after being unable to comply with the listing rules, has been embroiled in a legal dispute with Cameroon and the Republic of Congo over the Mbalam-Nabeba iron project.
It is seeking $8.8 billion in damages over accusations the central African countries violated contracts when they revoked Sundance’s permit and awarded it to Chinese investors.
The Perth-based miner reached an agreement with Congo in July, but its fight with Cameroon remains ongoing. It was contacted for comment.
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