A defence witness in the Atimpoku fuel contamination case has admitted before an Accra High Court that petrol sold to a customer at the Atimpoku Shell Fuel Station was mixed with water. 

John Delase-Michael, a retailer at the station and the first defence witness, made the admission under cross-examination, stating that after dispensing fuel into a container from the plaintiff’s car, it turned out that the product was contaminated with water. 

The plaintiff, Edmund Barwuah, a businessman, is suing Vivo Energy over the sale of contaminated petrol at its Shell station at Atimpoku near the Adomi Bridge in the Eastern Region.  

He argues that the company breached its duty of care to the public by failing to ensure that fuel sold at its outlets met required standards. 

According to court documents, the incident occurred on August 28, 2022, when several customers purchased petrol that was later found to be mixed with water, prompting the National Petroleum Authority to close the station.  

Vivo Energy subsequently explained that heavy rains had caused water to leak into the station’s underground tank and issued an apology. 

The defence witness told the court that he initially hesitated when asked to dispense fuel into a container to test for contamination, explaining that station policy discouraged dispensing fuel into containers due to fire and safety risks.  

He said he eventually complied after customers mounted pressure, adding that the step was taken to prevent a commotion and assure the public that nothing was being concealed. 

Under further questioning, the witness denied that his hesitation was because he was aware the fuel being sold was contaminated.  

He maintained that the incident was the first of its kind at the station and said he had no choice but to carry out the test to avoid the impression that staff were hiding something. 

The witness also rejected suggestions that the company had been reckless in handling its fuel products and stated that no customers returned to the station to threaten or attack staff following the incident. 

He told the court that the station temporarily halted operations after the incident and later resumed work in February 2023.  

He said about 4,000 litres of fuel remained in the tanks at the time and was subsequently removed by officials. 

In his statement of claim, the plaintiff contends that his 2017 Ford Explorer developed severe engine problems shortly after leaving the station, causing the vehicle to jolt violently before stalling on the road.  

He said the experience caused shock and fear and exposed him and his companion, John Michael Appiah-Acheampong, to the risk of a serious accident. 

The plaintiff further alleges that the station continued selling contaminated fuel despite prior complaints and that the situation demonstrated reckless disregard for public safety.  

He also claimed the incident caused him to miss a business meeting, resulting in the loss of a business opportunity valued at GH¢2.5 million. 

He is seeking special damages of GH¢2.5 million and an order for Vivo Energy to replace his vehicle with one of similar specifications. 

The case, presided over by Justice Isaac Addo, has been adjourned for further cross-examination of the witness.