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Chevron blast: Who is actually being prosecuted?

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CLAIMS by Valero Energy UK Ltd, the company operating Pembroke refinery, that it is not being prosecuted by HSE over a fatal blast in 2011 have been contradicted by the Health and Safety Executive.

But the incident clearly took place when Chevron was at the helm – so why is Valero being prosecuted, whilst Chevron is not?

The answer is about corporate structures, and the law governing companies.

Chevron Corporation in the USA will not face prosecution, as it sold the company which operated the oil refinery to Valero Energy Corporation, another American firm, in 2011, two months after the explosion which killed four people.

That operating company, which was originally founded in 1916 as Texaco Limited, became Chevron Limited in 2006, and then Valero Energy Limited on 10 August 2011.

On 31 December 2013 Valero Energy Limited became Valero Energy UK Limited during a corporate restructuring exercise.

In effect, the company Chevron Limited, which was the company operating on behalf of the American oil giant in the UK is still operating, under its new name Valero Energy UK Ltd.

In law, a company is a legal person, meaning it can be prosecuted and found guilty of an offence, just like a real person. Even if a person changes his or her name, a prosecution can still be brought for an alleged crime before the name change.

In this case, the companies being prosecuted by HSE are B & A Contracts Limited, and the firm founded 1916 as Texaco Limited which is now called Valero Energy UK Ltd. If you think that is confusing consider that the refinery is now being run by Valero Energy Limited, a different legal entity to Valero Energy UK Limited – but both still owned by Valero in the USA.

If they were being accurate, Valero would have to admit they were being prosecuted – but as one company they own, but as another, and that Chevron Corporation is completely home and dry.

Confirming that there had been confusion regarding who exactly was being prosecuted, a spokesperson from the Health and Safety Executive told The Herald: “Valero Energy UK Limited is one of the companies that HSE is prosecuting. The company number is 00145197. That company was previously named Valero Energy Limited and previous to that Chevron Limited. It should be noted that the current operator of the refinery now is Valero Energy Limited, which is a different legal entity.”

A Valero spokesperson said: “We can confirm we have been informed that the Health & Safety Executive is to bring proceedings against Chevron in relation to the incident at Pembroke Refinery in 2011.”

“Valero itself is named as a party to the proceedings simply because of its subsequent acquisition of the refinery.”

The Herald does not agree that proceedings are being taken against Chevron in any way.

The families have been asked for a comment.

Crime

Mother admits to killing seven-year-old son in Haverfordwest

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A mother has admitted to the manslaughter of her seven-year-old son at their home in Haverfordwest, citing diminished responsibility.

Papaipit Linse, 43, appeared at Swansea Crown Court on Friday (Nov 22), where she denied murder but pleaded guilty to manslaughter in connection with the death of her son, Louis Linse. Prosecutor Caroline Rees KC confirmed the manslaughter plea would be accepted, stating it “did not come as a surprise” to the prosecution.

The incident occurred on 10 January when police were called to a property on Upper Market Street. Louis was rushed to Withybush General Hospital but tragically died shortly afterwards.

During the hearing, Linse, who spoke only to confirm her name and enter her pleas, was informed that she would be sentenced on 13 December. Judge Paul Thomas KC described the case as “clearly a very sensitive as well as a very tragic case.”

The court was told that Linse is currently receiving treatment at the Caswell Clinic, a mental health facility in Bridgend. Psychiatric evidence is expected to be presented during the sentencing hearing to provide further insight into the circumstances surrounding the case.

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Community

Council warns of icy conditions as temperatures drop

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ROAD users in Pembrokeshire are being urged to exercise caution tonight as temperatures are forecast to dip below freezing.

Pembrokeshire County Council has announced that road surface temperatures could reach as low as -2°C, with the possibility of sleet or snow on higher ground. In response, precautionary salting of the county’s primary routes will be carried out this evening and overnight.

A spokesperson for the council said: “Road users are advised to take care if travelling on untreated roads.”

Motorists are reminded to plan ahead and drive carefully, particularly in areas that may not have been treated.

Stay tuned to The Herald for updates on road conditions and weather warnings.

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Community

Stallholders wanted for Milford Haven Christmas Market

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MILFORD HAVEN BUSINESS CIRCLE is calling for stallholders to join the town’s festive Christmas Market, set to bring holiday cheer on Friday, December 6, and Saturday, December 7, 2024.

The market will take place at the Lower Charles Street Car Park, promising a vibrant mix of stalls and attractions. Organizers are seeking a variety of vendors, including those offering gifts, children’s toys and games, food, cakes, flowers, and more.

There’s also an open invitation for someone with small children’s rides to add to the festive fun. A highlight of the event will be the Grinch’s Grotto, offering an entertaining twist to this year’s celebrations.

If you’re interested in having a stall, contact the Milford Haven Business Circle via email at [email protected] for more information.

Mark your calendars and join the excitement as Milford Haven celebrates the season in style!

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