CESMA News, December 2012

On 17th October 2012, the long awaited trial for the “Prestige“ oilspill has begun in A Coruna, Spain“. Captain Mangouras had to wait 10 years before he was to appear in court and testify. He is now 79 years of age and faces a prison sentence up to 12 years when he is convicted of environmental crimes. Also, along with the ship insurers, paying US$ 5 billion in claims brought by the Spanish and French governments. Also before the court are the chief officer, the chief engineer of the vessel and a Spanish merchant marine government official. They face lesser charges. To remember. In November 2002, the tanker “Prestige“ reported a gash in her single hull. Some 70.000 tons of her cargo of fuel oil had already started to pour out of the vessel during a severe storm. Against the advice of internationally renowned salvage experts, the Spanish authorities ordered the vessel to move away from the coast in a nortwesterly direction. After six days of battling in atrocious weather, she eventually broke up and sank, continuing to leak oil on the seabed. Many consider it obvious that the vessels demise and the extent of the pollution that ensued, was overwhelmingly caused by the refusal of the Spanish government to allow the vessel in a place of refuge where the oilspill could  eventually have been contained. The trial is expected to take many months, involving 70 lawyers and 1.500 claimants represented in 55 associations.
During the trial which continued on 28th November, discussion intensified between Captain Mangouras and the Spanish state attorneys. Mangouras again argued that it would have been necessary for the “Prestige“ to reach a nearby port of refuge and proceed there with smaller tankers to empty the fuel. He however confirmed that the Spanish authorities denied him to do so. He remembered with emotion the moment when the tugs received definitive orders to proceed to course 320 degrees into the sea in stead of going to a port of refuge.
State attorneys again accused him of disobedience for not following and even resisting the orders of the Spanish authorities and crime against the environment and asked for a prison sentence of 13 years. The Council of the Spanish state argued that many large vessels find alternative methods of navigation to prevent damage to the vessel if the sea is disrupted. Captain Mangouras retorted that the size of the vessel only allowed him to reduce speed, which he actually did.
The Spanish authorities ordered eight seaman, including Captain Mangouras, back to the stricken ship in order to try and start the engine and proceed further into the heavy seas. According to Mangouras, they did so with contempt for the safety of human life. Also testifying was the former General Director of the merchant marine, Mr. Lopez Sors. According to our colleagues in Barcelona, the statements of Mr. Sors were full of contradictions and lies.
CESMA has asked its member association ACCMM in Barcelona to carefully follow procedures in A Coruna. The President, Captain Mariano Badell, has assured us that he will inform the CESMA secretariat of any new developments in the case. One of the staff members of ACCMM, Captain Joan Zamora has very close connections to the lawyer of Captain Mangouras, Dr. Jose M. Ruiz Soroa. Captain Zamora is present in court and regularly reports his impressions in www.naucher.com. Captain Mangouras has been actually informed of our interest in the case and our willigness to assist if necessary.
(Partly based on the Maritime Executive, Tuesday, November 20, 2012)

For more CESMA News click on link: CESMA News December 2012