1st witness testifies in Gulf oil spill trial

Published on NewsOK Modified: February 26, 2013 at 3:38 pm •  Published: February 26, 2013
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In a report prepared for the trial, Bea concluded that BP's "process safety failures" were a cause of the blowout.

"Financially, BP had the resources to effectively put into place a process safety system that could have prevented the Macondo disaster," Bea testified.

Bea said he had warned BP management several years before the Gulf rig explosion that "culture is key" to the company's ability to operate safely. Bea said the company didn't heed his warnings.

In pretrial depositions and in a report, Bea argued along with another consultant that BP showed a disregard for safety throughout the company and was reckless — the same arguments made in opening statements Monday by attorneys for the U.S. government and individuals and businesses hurt by the spill.

Attorneys for BP tried to block Bea's testimony, accusing him of analyzing documents and evidence "spoon-fed" to him by plaintiffs lawyers. BP accused Bea and another expert, William Gale, a California-based fire and explosion investigator and consultant, of ignoring the "safety culture of the other parties" involved in the spill, including rig owner Transocean Ltd.

Gale does not appear on a list of potential witnesses.

Just last year, Bea testified for plaintiffs who sued the U.S. Army Corps of Engineers over broken levees in New Orleans following Hurricane Katrina.

In the BP case, U.S. Justice Department attorney Mike Underhill said Monday that the catastrophe resulted from the company's "culture of corporate recklessness."

"The evidence will show that BP put profits before people, profits before safety and profits before the environment," Underhill said. "Despite BP's attempts to shift the blame to other parties, by far the primary fault for this disaster belongs to BP."

Brock, the BP attorney, acknowledged Monday that the oil company made mistakes. But he accused Transocean of failing to properly maintain the rig's blowout preventer, which had a dead battery, and he claimed cement contractor Halliburton used a bad slurry" that failed to prevent oil and gas from traveling up the well.

BP has already pleaded guilty to manslaughter and other criminal charges and has racked up more than $24 billion in spill-related expenses, including cleanup costs, compensation for businesses and individuals, and $4 billion in criminal penalties.

One of the biggest questions facing U.S. District Judge Carl Barbier, who is hearing the case without a jury, is whether BP acted with gross negligence.

Under the Clean Water Act, a polluter can be forced to pay a minimum of $1,100 per barrel of spilled oil; the fines nearly quadruple to about $4,300 a barrel for companies found grossly negligent, meaning BP could be on the hook for nearly $18 billion.

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