Business | Opinion
Conviction of two sailors grips shipping community
The shipping community has once more been gripped by the ongoing court battle convicting the two sailors, the Master and the Chief Officer of the Hong Kong registered VLCC Hebei Spirit, for 18 months and eight months - by a South Korean court.
- By Frank Kennedy, Special to Gulf News
- Published: 23:17 December 14, 2008
The shipping community has once more been gripped by the ongoing court battle convicting the two sailors, the Master and the Chief Officer of the Hong Kong registered VLCC Hebei Spirit, for 18 months and eight months - by a South Korean court.
They and the shipowner, Hebei Ocean Shipping, were each given a heavy fine. Both officers are of Indian nationality.
The sentencing followed a decision by a South Korean Appeal Court and has provoked outrage by the worldwide shipping community.
The original court ruling last June found the officers innocent of all charges and both tug masters involved in the incident guilty.
Scapegoating
The International Transport Federation (ITF) has conducted a longstanding campaign against the "criminalisation of seafarers", Stephen Cotton, ITF Maritime Coordinator said, "This is not justice, it's not even something close. What we have seen today is 'scapegoating', criminalisation and a refusal to consider the wider body of evidence that calls into question the propriety of the court. This decision is incomprehensibly vindictive and will impact on all professional mariners."
He went on to say, "The one thing we can promise today is that this isn't over. The campaign to free these men will go on growing until the justice that was so glaringly absent in this court today is done."
The shipping journal Lloyds List quoted Abdulgani Serang, the general secretary of the Indian National Union of Seafarers, "We are furious. We condemn this decision. It's unfair and unjust" and Bob Bishop, the managing director of the Operator, V Ships (as quoted by Exim India) said the guilty verdicts and the jailing of the two men "was a complete travesty" and an appeal would be lodged with South Korea's supreme court within two weeks.
In December 2007 the Hebei Spirit was lawfully anchored in Korean waters near the port of Daesan when the tanker was hit by Samsung No 1, a barge owned by Samsung Heavy Industries, after it broke its tow.
The collision ruptured three tanks on the ship causing 10,500 tonnes of oil to spill into the sea in South Korea's worst pollution incident. Public outrage was extensive with many fishing communities put in jeopardy.
In handing out its decision, the court acknowledged that primary responsibility for the incident rested with Samsung but it penalised the two Hebei Spirit officers as being partially responsible because (according to the Korea Times) "... they did not take immediate and proper measures to minimise the oil leak."
There is much to be concerned with this case. Firstly, that "passive parties" who were clearly in no way, shape or form responsible for the incident should be found guilty by a reversal of an original decision, is disgraceful.
Secondly, the fact that the appeal was instigated by the Korean Maritime Safety Tribunal (KMST) that (according to Intertanko) did not produce its reports in accordance with the IMO Interim Guidelines for the Investigation of Marine Casualties (MSC/Circ 1058).
Indeed, Intertanko had earlier issued a statement to this effect also expressing its concerns that the KMST process was technically flawed and that the reports "draw upon unjust conclusions".
MSC/Circ 1058 clearly emphasises the requirement for the body conducting an enquiry (in this case KMST) to consult with all interested parties before a final report is made. This was not done in this case and may indicate a pre-concluded desire to attach blame to the officers of the Hebei Spirit.
Detained since incident
Thirdly, the two officers had been detained since the incident and then were not released when the first judgement of innocence was made.
Such treatment of seafarers is sadly not unusual with many documented instances of ship's officers being held to account for situations that certainly had no pre-meditation on their part and, as far as proportionate blame is concerned, they often receive more than their fair share (most certainly with respect to the Hebei Spirit).
Current concern with the environment is justified, but what is not is the scapegoat mentality that so often puts seafarers in the firing line.
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