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Day 6 Tullow Uganda Limited vs Heritage Oil.docx

Day 6 Tullow Uganda Limited vs Heritage Oil.docx

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Published by The New Vision
Day 6 Tullow Uganda Limited vs Heritage Oil tax case in London
Day 6 Tullow Uganda Limited vs Heritage Oil tax case in London

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Categories:Types, Business/Law
Published by: The New Vision on Apr 15, 2013
Copyright:Attribution Non-commercial


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Day 6 Tullow Uganda Limited v (1) Heritage Oil & Gas; (2) Heritage Oil Plc 20 March2013Page 1
1 Wednesday, 20 March 20132 (10.15 am)3 MR ALLAN GRAHAM MARTIN (continued)4 Cross-examination by MR QURESHI (continued)5 MR QURESHI: Mr Martin, we were looking at a document, 5476,6 and I identified the fact that it was prefaced by being7 a draft, 5473, and that the version that we had was8 unsigned.9 MR JUSTICE BURTON: Has a signed copy been found?10 MR WOLFSON: My Lord, no. I don't think there is a signed11 copy. If there was, we would have disclosed it.12 MR QURESHI: I understand that. Mr Martin, in terms of the13 provision of the opinion in draft form, the fact that it14 is in draft form suggests that it has not been15 finalised, doesn't it?16
A. Yes.
17 Q. And the fact that it has not been signed indicates that18 the people who have produced the opinion have yet to19 confirm its content in its final form, yes?20
A. Yes.
21 Q. If I could ask you to turn to page 5477, and before I do22 so ask you whether you recall on 21 February or 23 thereabouts being given a copy of this document as it24 was sent to Reshma Shah, Richard Inch, Alasdair 25 Murray -- we can see that at 5473 -- Peter Kabatsi,
Page 2
1 Elly Karuhanga, Oscar Kambona, and the background to2 this we had already looked at yesterday, was what3 I described as the fairly clear and unequivocal message4 sent by Miss Reshma Shah as to what was required from5 Mr Mpanga and Mr Kambona. Do you recall being given6 a copy of this document?7
A. I recall having seen it before. I don't recall exactly
when I received it. I clearly wasn't copied on that
email trail.
10 Q. Is it possible that you -- just tell me whether or not11 it is the case that you would have looked at this at12 some stage, end of February/March, 2011?13
A. I think that's more than likely, yes.
14 Q. You say it is more than likely. Can you help us as to15 why you say it is more than likely?16
A. As I say, I believe I've seen it before. I can't
exactly recall when around 21 February I got round to
looking at it. There were a lot of things going on at
that time.
20 Q. Right. But again you have no specific recollection21 between 21 February and the end of March of having22 looked at this document?23
A. I believe I saw this document around that time.
24 MR JUSTICE BURTON: Did you read it?25
A. Yes, my Lord, I believe I did.
Page 3
1 MR JUSTICE BURTON: Did it make any impact on you?2
A. Well, it confirmed what I understood at this time,
my Lord, to be the advice from Mr Kabatsi.
4 MR QURESHI: We will get to that in a second. If that is5 the case, and you are saying that you saw this at some6 stage between 21 February and end of March and not just7 saw it, that you read it and that you considered this to8 be confirmation of the advice that Mr Kabatsi had9 provided, just help me: is this the comprehensive10 opinion of 30 November, is that what you are referring11 to in terms of the advice that Mr Kabatsi had provided?12
A. I'm referring to the post-Gulu discussions of Mr Kabatsi
and 30 November opinion, yes.
14 Q. After having read this, did you communicate back to15 Mpanga, Kambona, Mr Karuhanga, Kabatsi in any way to16 acknowledge what you received and/or to confirm that you17 had understood this was reiterating what Mr Kabatsi had18 said?19
A. No, I don't believe I did.
20 Q. Did anybody, so far as you can help us who received the21 document on 22 February directly or was subsequently22 given a copy of the document, pass on any queries or 23 comments for Mr Mpanga, Mr Kabatsi, Mr Karuhanga or 24 Mr Kambona at any stage during February/March 2011?25
A. I don't know that, I am afraid. I wasn't dealing

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