Dear Editor,
We thank the Gair Rhydd for bringing the allegations to our attention, but overall we believe them to be grossly unfair. Though the reporting in the Gair Rhydd was weak and the inferences made about the Debating Society and its members were unfounded we feel that the writer of the article had a weak starting point. In understanding that this article was not well researched and essentially a rephrased version of an article from another source originally made by incorporating misleading and false information, we feel that the Gair Rhydd was not entirely at fault though they were surely negligent. It is not a surprise to us that the members of the media at Newsnight who originally broke the story are now subject to court proceedings for libel in relation to false and misleading statements.
In representing their clients, Trafigura, Macfarlanes were entitled to interview the claimants involved before the trial itself took place. Not all evidence given by a claimant may be adduced as oral testimony at court and given that we have the right to test our accusers Macfarlanes were duty bound to interview N’dja Jean Sebatian Bou. Furthermore, when there is evidence that fraudulent claims have been made against their client Macfarlanes are obligated to investigate: truth seeking is a basic tenet of our legal system. Given the remote location of such claimants, and the obligations to court and client in the UK, Macfarlanes had to fly the claimants to a more accessible location (such as Morocco) where the interviewing could take place promptly and effectively. We see no problem with any of these actions, nor do we agree in any way with people who have sought to characterise this as Macfarlanes trying to “manipulate” or “intimidate” the claimants: as we see it, Macfarlanes have done nothing unethical or unprofessional whatsoever, and they should not be portrayed as having anything other than the best of intentions or the highest of ethical standards.
Macfarlanes were instrumental in the founding of the Debating Society and have for a number of years provided vital help and advice to the society and have helped carry our good name and the University’s name across Europe by sponsoring our major annual event – the Inter-Varsity competition. We will not therefore aim to end such generous sponsorship on the back of these unfounded accusations, nor to satisfy the demands of a minority of students.On the contrary, we will continue to do what the Debating Society does best – providing a stage on which to debate and consider the topical and controversial issues of the day. As unfortunate as these circumstances are, they will not stop us in pursuing these very important goals and in discussing the important issues that concern the students and residents of Cardiff.
Cardiff University Debating Society (CUDS)
