Bribery legal challenge highlights need for proper forensic processes when conducting investigations in Africa

Vishana Mangalparsad of Pinsent Masons said: “Having proper policies and practices in place is essential to mitigate risks around the way that investigations are conducted as steps taken during an investigation may come under scrutiny at a later stage.”

Lawyers for Israeli mining businessman Benny Steinmetz have launched a fresh attempt to have a bribery conviction overturned, alleging misconduct by prosecutors in Switzerland. The challenge is based on claims that a cache of hacked documents reveals illegal actions by the authorities during Steinmetz’s trial.

Steinmetz was originally convicted in 2021 by a Swiss court for bribing public officials in Guinea to secure mining rights for the Simandou iron ore project – one of the world’s largest untapped iron ore deposits. The court sentenced him to five years in prison and imposed a fine of 50 million Swiss francs. Steinmetz has consistently denied the charges, maintaining that the trial was marred by procedural errors and biased judgments. An appeal last year failed to overturn the conviction but saw the sentence reduced from five to three years.

The latest development revolves around a trove of hacked documents allegedly showing that Swiss prosecutors engaged in unethical practices, including manipulating evidence and coercing witnesses. Steinmetz’s lawyers argue that this new evidence is crucial and warrants a re-examination of the case.

Steinmetz’s case has drawn international attention, not only because of his high-profile status but also due to the broader implications for the mining industry and international business practices. The Simandou project has long been a focal point of controversy, involving multiple stakeholders and significant geopolitical interests.

While Steinmetz’s team argues that the content of the documents is vital for justice, the method by which they were obtained could raise ethical and legal questions. Swiss law, like many jurisdictions, has strict rules about the admissibility of evidence, particularly if it is acquired through illegal means.

The Swiss courts now face the task of determining the validity and impact of the new evidence presented by Steinmetz’s team. The legal process is expected to be lengthy and complex.

“Whilst this case involves an investigation and prosecution by authorities, it is relevant to internal investigations,” said Edward James, anti-corruption and bribery law expert at Pinsent Masons. 

James said: “Evidence obtained in an internal investigation may form a key basis of voluntary cooperation that results in a non-prosecution deal or lighter punishment for a company. If the evidence is compromised, this could diminish the value and depending on the circumstances, jeopardize the deal. When companies engage in high stakes investigations, they should ensure proper forensic processes are followed so that if the process is challenged down the road it will stand up to scrutiny.”