Two-Billion Typo: Will Former ANPZ Director Be Acquitted?

A crucial appeal hearing for Murat Dosmuratov, the former head of the Atyrau Oil Refinery, is set for January 21.

The case took an unexpected turn when the initial appeal hearing was postponed last week, Orda reports.

The reason: the appointed judge recused herself after finding no criminal elements in the case.

The appointed judge did not see any elements of a crime in the case and found no other option but to recuse herself. That is the reason for the postponement of the hearing - the judge's self-recusal, revealed an ANPZ employee familiar with the proceedings.

At the heart of the case is a paraxylene production unit repair.

The unit was shut down in April 2022 due to issues with a recently purchased heat exchanger. The equipment had operated for barely a month before failing.

The raw material moved too slowly, heated up more than it needed to, and this overheated the plates. As a result, they broke. When checking, it turned out that in the technological regulations, which describe the rules for operating the equipment, the gas consumption was specified less than required by the heat exchanger manufacturer, explained a former ANPZ employee.

The manufacturers, Alfa Laval and AVC Production LLP, refused to provide warranty coverage. 

Repairs conducted in April-May 2022 significantly altered the equipment's factory condition, voiding the warranty.

After these unsuccessful repairs, ANPZ management recommended a complete replacement to KazMunayGas.

A June 27, 2022, investigation report identified improper operation as the cause, explicitly pointing to errors in technical documentation prepared by Technical Audit and Diagnostics LLP.

The actions of the ANPZ were in line with the business processes of KazMunayGas. The options for repairing the heat exchanger were presented at the scientific and technical council on June 30, 2022. When the repair option was approved at the expert council, procurement procedures began, during which no violations were found. The new heat exchanger was delivered and put into operation in June 2023, stated a former plant employee.

Despite taking the general director position on July 20, 2022 - months after the incident and after the replacement decision - Dosmuratov became the target of the criminal proceedings. 

In November, while Court No. 2 of Atyrau found him guilty of improper performance of duties, he was released due to the statute of limitations.

However, he still faces a 1.9 billion tenge compensation charge.

Plant employees argue that while the repairs were costly, inaction would have been more expensive.

Each hour of downtime rounded out to about 8.4 million tenge, with potential months-long shutdowns affecting paraxylene production and exports.

The appeal's outcome might hinge on the current position of head Galymzhan Zhusanbayev.

If he withdraws claims against Dosmuratov, it could prove decisive. Should the original verdict stand, Dosmuratov will owe two billion tenge compensation due to the technical documentation error.

Notably, Zhusanbayev hasn't faced consequences for incidents during his tenure, including problems with a crucial installation and a significant gasoline spill.

Next week's appeal hearing will determine whether Dosmuratov's defense can prove he operated within KMG guidelines and the law.

Original Author: Nikita Drobny