Thursday, June 12, 2008

About that "letter of apology" by Fraport's Bender and Stiller

Somebody left this comment on my blog:

I find re-posting here the transcript of the “Fraport conversation” involving Pancho Villaraza’s alleged extortion attempt ridiculous.

If I recall correctly, after the first publication of the said transcript, Fraport Director and CEO Dr. Wilhelm Bender apologized in writing to Pancho Villaraza “for the misunderstandings concerning recent discussions in Manila” particularly referring to comments made by Messrs. Endler and Struck. Dr. Bender also advised Pancho Villaraza that: “neither Fraport nor its representatives did intend to discredite (sic) your law firm or you personally in any way. Since this has caused you unintended concern and grievance, we sincerely apologize.” Now, why on earth should the “offended” party ever apologize to the “offender”?

Earlier, Dr. Dietrich F. R. Stiller, Fraport’s German legal counsel, denied the alleged attempt to extort money from Fraport. Dr. Stiller confirmed that he attended only 1 single meeting with the law firm, which was arranged upon his request, and further confirmed “that no USDmn request or similar request was made by any member of [the law] firm in, or in the context of, that meeting.”

Huwag sana tayong magpa-uto!!!

yes, there was a letter of apology was dated May 17, 2002 to villaraza.

But after issuing the letter of apology, Fraport a year later (oct. 2003) included the same allegations and extortion claim in its submissions in the Icsid case, you know, the one that the previously "apologized for."

And yes, there was a "letter of apology" from Stiller to villaraza that did not hold much weight. Here's Newsbreak's account:

Following the stories published in Tribune in May, Fraport counsel Dr. Dietrich Stiller belied the extortion attempt in an apology letter to Villaraza. He stated that, “no USD20 mn request or similar request was made by any member of your firm in, or in the context of, that meeting.”

According to the Tribune stories, Villaraza tried to extort a total of US$70 million—$20 million for his services and $50 million to pay off certain government officials including then presidential adviser Avelino Cruz (a former partner in the law firm) and then presidential adviser on strategic projects Gloria Tan Climaco.

It is unclear why Fraport would claim the same allegations in its arbitration request inspite of Dietrich’s denial.

Stiller's apology did not address the tape issue (ie, he did not say the tapes were fake). Villaraza also did not claim that the tapes were fake, but that they were "inadmissible" in court.

My reading on why stiller made that apology: the conversation between him and the lawyers were "private conversations." or "off the record" conversations. he did not expect that their conversations were being recorded (by who? somebody from FRAPORT? the lawyers? ISAFP?).

Stiller would never publicly accuse the influential people he was dealing with of extortion or corruption. because he and his company will have to do business with these people again.

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