This article is from lloyds list.
By Keith Wallis in Hong Kong - Thursday 19 June 2008.
Hebei Spirit: The collision caused South Korea's worst oil spill.
SOUTH Korean prosecutors are seeking jail terms of up to three years for the masters and crew of four vessels, including the tanker Hebei Spirit, that were involved in the country’s worst oil spill last December.
This is despite the Hebei Spirit being anchored at the time of the collision with the drifting crane barge, Samsung No 1, which had broken its tow.
Prosecutors have also called for a Won30m ($29,120) fine against both Samsung Heavy Industries and Hebei Ocean Shipping for their role in the incident. The three year prison terms and fines are the maximum allowed under Korean law.
Jasprit Chawla, master of the 1993-built, 268,605 dwt single-hull Hebei Spirit, faces three years imprisonment for breaking maritime pollution laws. Prosecutors want a two year sentence against chief officer Syam Chetan for the same offence. Capt Chawla and Mr Chetan have been living in Korea since the incident and while they have not been detained they have been unable to leave the country.
Prosecutors also demanded that the master of one of the tugs should be jailed for three years and fined Won5m, while the masters of another tug and the Samsung No 1 should be jailed for one year for pollution and maritime related offences.
The Seosan branch of Daejeon district court in South Chungcheong province, on South Korea’s west coast close to where the incident occurred, is expected to issue its verdict next Monday.
The tug and barge masters have been on remanded in custody since the end of December and under South Korea law must be released or sentenced within six months of being detained. Insiders said that because the court is due to give its verdict close to the end of that six month period “it did not bode well” and all those involved would be jailed.
“There’s still a chance the Hebei Spirit’s Indian master and engineer will be released. There is also a chance their jail sentence will be suspended” meaning they could go free, said one insider.
But the source added that even if the sentences were suspended it would still result in a criminal conviction for both men "who are still in the 30s and in the prime of their careers". Consequently, "their whole shipping careers would be finished because with criminal convictions they are not going to get visas for the US and other countries".
The insider added: "There are limits to what they would be able to do. And their 20 year future service would be down the drain.”
The incident occurred around 0650 hrs on December 7 when the Samsung No 1 was being towed by the two tugs during stormy weather conditions. A tow line between the barge and one of the tugs broke, causing the barge, still with the other line attached to drift into the tanker in the storm force winds.
Despite taking emergency measures, including loosening the anchor chain, the crew onboard the fully loaded tanker were unable to prevent the collision which holed three cargo tanks and spilled about 10,500 tonnes of oil.
The oil came ashore along South Korea’s west coast causing the country’s worst environmental disaster with economic losses estimated in billions of Won. The most badly affected area was a 375km stretch around Taean county.
The Hebei Spirit is owned by an offshoot of Chinese company Hebei Ocean Shipping and managed by V.Ships who were not prepared to comment in case it prejudiced court proceedings.
Commenting at the time, V.Ships chief executive Bob Bishop said: “The master and chief officer followed in an exemplary manner the procedures and practices of the utmost good seamanship, to the extent that I think they went far beyond what might have been considered normal good practice.”
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