James Whyte’s commentary on the Felderhof case (T.N.M. Aug. 13-19/07) is one of the most interesting, thought-provoking pieces on the mining industry I have read. Indeed, I have read it several times.
I agree that Judge Hryn reached the right decisions based on his premise that Felderhof exercised the same care as the other experts in the industry, none of whom raised a red flag. “Judge Hryn is correct to say that Felderhof should not be expected to do better than those specialists. . .”
However, what the judge did not consider is that Felderhof’s position as the chief technical officer of Bre-X, in charge of the Busang project, required a considerably higher level of diligence and oversight than that expected of outside experts.
It was Felderhof’s responsibility to see that the sampling procedures and the whole chain of sample custody, from the drill to the assay lab, were done professionally in a tamper-proof way. It would appear that Felderhof was neither diligent nor rigorously professional. (I might add that Paul Kavanagh, the senior geologist on the Bre-X Board, should have been inquisitive enough to have caught something on one of his visits.)
I rest my case. The man in charge has the responsibility, and authority, to see that things are done right. As I learned early in the military, there are only three answers: “Yes, Sir; No, Sir; No Excuse, Sir.”
Siegfried Muessig
Retired vice-president, exploration and international mining, Getty Mining
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