A British diplomat accused of leaking confidential Foreign and Commonwealth Office documents to Tullow Oil has been given a prestigious posting in New York.
The High Court in London heard this week how Martin Shearman, then high commissioner to Uganda, took the side of Tullow during a tussle with its British counterpart Heritage Oil over who should pay a disputed $313 million dollar tax bill to the east African country.
Mr Shearman, whose wife, Miriam, was working for Tullow at the time, passed a letter from Henry Bellingham, the UK’s minister for Africa, to Uganda’s President Yoweri Musevini containing a plea to let the oil company avoid paying the bill.
A scanned copy of the letter marked “restricted” was sent directly from Mr Shearman (48) to Andy Demetriou, Tullow’s head of external relations.
Graham Martin, Scots-born company secretary of the oil firm, admitted under cross-examination that Tullow “had received no formal security clearance” from the FCO.
Khawar Quereshi QC, who is acting for Heritage, told that “the simple point is, and my learned friend will confirm this, that it is wholly improper for a government document marked “restricted” to be circulated beyond the circle of those who have security clearance. And that’s a document that you’re receiving but it gets worse. You’re receiving it for comment.”
Mr Justice Burton asked Mr Martin if this was the case and he told the judge he had no knowledge of the rules around restricted documents.
Justice Burton replied: “All you can confirm is that if there are any restrictions, Tullow was not released from them?” to which Mr Martin said: “Correct.”
Justice Burton went on: “But then you’re being asked: do you know how it comes about that a letter which has not yet been sent from Mr Bellingham was being circulated and is still described as “restricted” is being circulated for comment?”
Mr Martin replied: “I could only conclude from the email trail, my Lord, that the British High Commissioner was trying to be helpful to us and give us advance notice of a letter that was about to go.”
Letter 're-edited'
The High Court also heard how Mr Heavey wrote a letter extolling the virtues of his company, which Mr Shearman has "re-edited in Foreign Office language" and put out as an official FCO document.
He also persuaded British foreign secretary William Hague to telephone President Museveni to ask him to go easy on Tullow
George Cazenove, media affairs manager for Tullow, denied any improper behaviour on the part of the High Commissioner. He said: “The High Commission was doing its job, helping British companies in Africa. The fact of the latter was that this was at a time when Heritage was leaving Uganda and Tullow was staying, staying for decades in fact.”
African newspapers, however, have taken a different view of the conduct of Mr Shearman and Tullow. Uganda's Daily Monitor described the FCO official as a "front-runner" in lobbying the country's president on behalf of the oil firm.
President Museveni wanted Tullow to pay the disputed oil tax before it could sell off two 33 per cent shares in three oil fields it had bought for £1.45 billion from Tullow. Despite Mr Hague’s intervention he stuck by his decree.
A Foreign Office spokeswoman confirmed yesterday that leaking FCO documents was a breach of the UK’s civil service code but refused to disclose what action, if any, was taken against Mr Shearman due to the ongoing High Court case.
She also declined to provide details of the former High Commissioner’s new diplomatic role in New York.
