Korean authorities 'colluding' ahead of Hebei Spirit retrial

Keith Wallis - Thursday 25 September 2008

SOUTH Korean maritime officials, prosecutors and lawyers working for Samsung Heavy Industries have been accused of colluding in the retrial of two senior officers involved in South Korea’s worst oil spill.

V.Ships president Roberto Giorgi told Lloyd’s List that the Korean side was giving information to court to “prove a case that is not really there”.

He cited the example of an accident report lodged by the Korea Maritime Safety Tribunal which uses hindsight to partially blame the master and chief officer of the very large crude carrier Hebei Spirit for the December 7 accident.

Speaking from Seoul where he met and offered support to Captain Jasprit Chawla, chief officer Syam Chetan and their families, Mr Giorgi said the report was “not balanced” and “unfair”.

He said the document was based on the crew of the tanker “predicting the future”.

“The captain could not foresee that the tow wire was going to break,” he said.

This was a reference to the crane barge which broke its tow with one of two tugs and smashed into the side of the fully-loaded Hebei Spirit which was at anchor. The collision holed three of the tanker’s cargo holds spilling more than 10,500 tonnes of oil about 100km southwest of Seoul. The crane barge and tugs were operated by Samsung Heavy Industries.

Capt Chawla and Mr Chetan and Hebei Spirit Shipping were acquitted on June 23 of all charges related to the oil spill, but the two officers have been prevented from leaving Korea pending appeal by prosecutors.

The first stage of the appeal, a retrial in South Korea’s high court, began at the start of this month although the court has so far only sat sporadically.

The trial judge is expected to give a judgment on December 23, but depending on the outcome prosecutors could appeal to South Korea’s supreme court.

The tribunal’s report said the tanker’s crew should have done more to prevent the accident without specifying what action could have been done.

The report also finds the master and chief officer were negligent in exactly the same manner that was alleged by prosecutors and Samsung when they made their appeal.

“I think there was some consultation between Samsung, prosecutors and the people that put together the report,” Mr Giorgi said.

None of the evidence submitted to the tribunal by lawyers acting on behalf of thee crew and the shipping company have been considered in the report.

Neither has Hong Kong’s Marine Department, as the Hebei Spirit’s flag state, been given copies of the tribunal’s report.

Under International Maritime Organization rules flag states, ship owners and other interested parties must be given the opportunity to comment on official draft accident reports before a final version is published.

Consequently, “I really hope the judge understands” the tribunal’s report had no credible basis, Mr Giorgi said.

Stephen Li, Marine Department accident investigator, confirmed that the department had neither been consulted or received a copy of the report.

Instead, he thought the document being referred to in the high court was prepared by Incheon Maritime Safety Tribunal for the Korea tribunal for domestic consumption and was not an official accident investigation report.

Mr Li said the department had completed its own report which it had circulated but no response had been received from the Korea Maritime Safety Tribunal or Samsung.
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