From : Lloyds list- 30th June 2008.
TWO senior officers from the Hebei Spirit who were cleared last week of pollution charges will face a retrial after South Korean prosecutors gave notice they would appeal against the decision.
Hebei Spirit Shipping, the single ship offshoot of China’s Hebei Ocean Shipping, also faces a retrial along with three South Korean tug and barge masters and Samsung Heavy Industries.
Jasprit Chawla, master of the Hong Kong-flagged tanker, and chief officer Syam Chetan will have to remain in South Korea until the case is heard even though they were found innocent last Monday.
Insiders said they may have to remain in the country until at least next year.
Sources said that while the two men have been given their passports back they would be unable to get an exit visa allowing them to leave. Efforts are being made to persuade South Korean officials to let the men leave the country on bail.
“They have been told Capt Chalwa and Mr Chetan will come back for the trial if they are allowed to leave, but so far there has not yet been a positive response from prosecutors,” said one source close to the case.
Insiders point to the example of Apostolos Mangouras, the Greek master of the Prestige who was freed from prison in Spain in February 2003 after the London P&I Club agreed to provide his €3m ($3.24m) bail.
Nobody at Skuld, the Hebei Spirit’s P&I Club, was available to comment on whether the club would be willing to post a similar surety to let Capt Chawla and Mr Chetan return home. But insurance sources said that while each case would have to be considered on its merits, the fact the two Indian nationals had been cleared at the earlier hearing would bode well.
Commenting on the case, Hong Kong Shipowners’ Association managing director Arthur Bowring said: “It is very disappointing. We wish them well and hope they are out soon.”
Hebei Ocean Shipping is a member of the association through is North China Shipping subsidiary.
Asked by Lloyd’s List if there was anything Hong Kong’s Marine Department could do to try to get them out of Korea pending the retrial, department director Roger Tupper said: “As the flag state we have been monitoring this case closely through our representatives in the Republic of Korea. We are aware of the intention to appeal by the authorities in the ROK.”
Prosecutors have a month to lodge their grounds for appeal against the decision by the Seosan branch of Daejeon district court to clear the two officers of any involvement in causing South Korea’s worst oil spill. But a retrial date has yet to be agreed.
Samsung Heavy Industries must also lodge its appeal documents by the end of July. The firm is unhappy about the Won30m ($29,120) fine and the jail sentences imposed on the masters of two barges. One barge captain was jailed for three years marine pollution offences and fined Won5m for falsifying navigation records, while the other was jailed for one year for pollution offences.
These relate to the collision on December 7 between the 1993-built, 268,605 dwt single-hull tanker Hebei Spirit and a crane barge operated by Samsung. The barge smashed into the fully-loaded tanker ripping open three cargo holds after one of the two tow lines broke in heavy weather. More than 10,500 tonnes of oil spilled from the anchored vessel to cause extensive pollution along South Korea’s west coast.
This article is from Lloyds List
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