News - Volkswagen
Judge wants evidence from VW expert
Explanation: Exhaust gas recirculation is not a defeat device, according to Volkswagen.
Volkswagen creates confusion in Federal Court evidence
17 December 2015
THE Federal Court has today ordered Volkswagen Group Australia to clarify a
written submission it made to a class action hearing being brought on behalf of
tens of thousands of VW, Skoda and Audi owners in Australia, over the worldwide
diesel emissions scandal presently consuming the German car-maker.
In the document before the court, VW referred to exhaust gas recirculation and
said that EGR was not a “defeat device” which is the cheating mechanism under
scrutiny and at the centre of the scandal.
Given that the company has been widely on the record in the United States and
elsewhere, saying that it had used a defeat device and had apologised for doing
so, Justice Lindsay Foster ordered that Volkswagen Australia should brief him
with a full explanation of EGR.
“I want to know what it is technically and how it works,” he said.
The barrister for Volkswagen Group, Ruth Higgins, told the court that the
person best placed to provide the explanation to the court was out of the
country and would not be returning to Australia until late February.
Bannister Law principal and founder Charles Bannister said consumers could be
forgiven for feeling confused at the apparent contradictions in VW’s position
and cited Michael Horn, CEO of Volkswagen US who appeared before US Congress on
October 8, 2015.
“On behalf of our company, and my colleagues in Germany, I would like to offer
a sincere apology for Volkswagen's use of a software program that served to
defeat the regular emissions testing regime,” said Mr Horn at the time.
Mr Bannister went on to explain that “VW will need to reconcile its position
that there is no defeat device and no contravention of standards, yet they talk
of the need for a ‘fix’ or solution to a problem that they don’t seem willing
The case is due to resume on April 8, 2016.