The case of the “Hebei Spirit” and the jailing of Captain Chawla and Chief Officer Chetan has aggravated and aggrieved the entire shipping industry. In slamming the verdict based on “flawed, unreliable and unjust evidence” the Nautical Institute joins many respected maritime entities, including V Ships, Intertanko, the International Chamber of Shipping, (ICS), and the International Transport Workers Federation (ITF), in calling for their release. 

As the “Hebei Spirit” suffered blow after blow from a loose Samsung Crane Barge, and as the officers reacted to the very best of their ability and with every regard to best practice and seamanship, they could surely never believe they would languish in jail for simply doing their best to save their fellow crew, the environment, cargo and the vessel itself.

The prosecution of these two highly professional seafarers, has left us shocked and dismayed, and has ramifications for all linked to the sea. Given the misgivings surrounding the investigation and subsequent report submitted to the court, the entire case and verdict seemingly fly in the face of any concept of “natural justice”. To many, the findings appear biased and certainly lacking good faith. 

As an organisation, The Nautical Institute exists to promote the very highest standards of professionalism in shipping, and this year saw Captain Chawla Highly Commended in the Lloyd’s List “Shipmaster of the year” award, of which we are sponsor. Chawla’s actions onboard “Hebei Spirit” were recognised and applauded, not for political reasons or to court controversy, but because in the face of adversity his response reflected that of all professional Mariners. He and his crew did all they could to mitigate the risks, and yet here we are with two fellow seafarers unfairly jailed.

The Republic of Korea asserts their tribunal’s motto as “fairness and justice”, yet for many these words ring hollow. When the Korean Appeal Court found Chawla and Chetan guilty, it was a blow to professional seafarers of all generations, from yesterday, today and even tomorrow, and is a tragedy from many perspectives. 

The effect on the local environment from the ensuing oil spill has been devastating, and we sympathise greatly with the citizens and nation as it works to remedy the damage from the spill. However, two wrongs do not make a right – and in finding these two officers guilty we are seeing blame placed in the wrong, yet most convenient, quarter.

When the two men were led from court in handcuffs, as common criminals, it was a tragedy on a personal level for proud, family men being made to suffer humiliation. It is also a tragedy for shipping. As an industry we face major problems in recruiting the young, talented people we need into the future. In attacking seafarers, in vilifying them and making them out to be criminals regardless of their actions, then we are in danger of effectively killing seafaring as a career, and in the process damaging world trade. 

While many organisations, quite understandably, call for black listing of Korean products or ports, a backlash from this dreadful miscarriage of justice appears inevitable. As such we wish to add our voice to the calls for the decision of the Court to be overturned. 

Our members are rightly outraged by this verdict but while attention rests today on South Korea, it is worth remembering the proposed European Union regulations seeking to criminalise those involved in maritime accidents; the trial of Captain Mangouros of the “Prestige” and others, approaches in Spain; Captain Laptalo of the “Coral Sea” and his colleagues have been deported from Greece despite eventually being found innocent in the ‘drugs in bananas’ case; France set out to criminalise all and sundry involved with the “Erika”; the “Tasman Spirit” eight had a torrid time in Pakistan; and Venezuela held the master of the “Nissos Amorgos” for many months; and these are only a high profile selection of cases. There are many more instances, such as the Zim Mexico III and Cosco Busan, which a recent BIMCO study, supported by the Institute, brought to the attention of the IMO. 

The time has come to understand and recognise the importance of professional seafarers, not to view them as scapegoats to be threatened and made to suffer at the hands of unenlightened politicians and judiciary. Enough is enough, and the pall of criminalisation, which hangs so heavy on the profession, needs to be lifted immediately.

Furious reaction from international shipping community at South Korean court decision

THE international shipping community reacted with fury yesterday after a South Korean court jailed the ‘Hebei Two’, the master and chief officer of Hebei Spirit, the tanker involved in the country’s worst oil spill.

National Union of Seafarers of India general secretary Abdulgani Serang told Lloyd’s List: “We are very furious. We condemn this decision. It’s unfair and unjust.”

Mr Serang warned of a possible backlash against South Korea following the jailing of the ship’s master, Jasprit Chawla, and chief officer Syam Chetan who had previously been found innocent at a court hearing on June 23.

He said: “There is a strong possibility Indian seafarers will not take ships to South Korea. The seafaring and shipping communities are deeply disturbed. Reactions are bound to follow.”

The International Transport Workers Federation said the decision was “incomprehensibly vindictive”.

ITF maritime co-ordinator Stephen Cotton 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 added: “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.”

V.Ships Shipmanagement managing director Bob Bishop 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 the meantime, the pair would have to serve their sentence in jail.

The appeal court in Daejeon jailed Capt Chawla for 18 months and fined him Won20m ($14,400) after finding him guilty on two charges related to the oil spill. The court said Capt Chawla should have gone full astern to drag anchor to prevent the collision with the drifting crane barge Samsung No 1, which had earlier broken its tow.

The court said the master should not have pumped inert gas into the tanker’s cargo holds because it increased the spillage of oil when the explosive risk was low. It added the Hebei Spirit should have been ballasted to create a 10 degree list, which would have prevented the oil spill, while three and a half hours to transfer oil between cargo tanks was too long.

Mr Chetan was sentenced to eight months in prison and fined Won10m after being criticised by the three appeal court judges. They said Mr Chetan should have been more vigilant and called the master by 0550 hrs. They also slammed Mr Chetan for pumping inert gas into the cargo holds and taking too long to transfer oil between the holds.

In what could be seen as a further insult, the appeal court slashed the prison terms for two of the tug captains directly involved in the incident. One captain had his jail term cut from three years to 30 months, while the other had his sentence reduced from one year to eight months.

The court also confirmed a Won30m fine on Samsung Heavy Industries, which owned the crane barge and tugs involved in the collision. The master of the barge, who was asleep until just before the collision occurred, and who was exonerated at the June hearing, was jailed for 18 months.

The accident occurred after the Samsung No 1 broke its tow and drifted in stormy conditions before colliding with the fully loaded 260,000 dwt Hebei Spirit, which was at anchor. The crane barge holed three of the vessel’s tanks spilling more than 10,500 tonnes of oil into the sea, which polluted a vast stretch of Korea’s west coast causing its worst environmental disaster.

A probe by Korean investigators has been strongly condemned by an expert witnesses as being biased against the tanker.

BIMCO, the world’s largest shipping organisation, warned that the custodial sentences and heavy fines send out a troubling message to the industry and to professional mariners worldwide.

“The verdict will do nothing to promote the image of the industry, when two senior officers, who have dealt professionally with a maritime emergency to the best of their abilities, end up in prison, with criminal records,” BIMCO said in a statement issued following the judgment.

“The organisation believes that the verdict, along with other cases where seafarers have faced criminal charges, emphasises an urgent need for international discussion on the fair treatment of seafarers.”

Intermanager general secretary Guy Morel said: “It is unacceptable that these two dedicated seafarers should be treated in this way. They have behaved professionally throughout this sorry affair and are being made scapegoats by South Korea.”

He added: “These men followed correct procedures and ensured lives were protected but have been unfairly criminalised as a result. We believe that the evidence against them was flawed and manipulated and we will campaign vigorously on their behalf to overturn this unfair decision.”

Intermanager is not alone in its views.

A statement on behalf of the vessel’s owners said: “All of the parties related to the Hebei Spirit are very disappointed, of course, and find the reasons given for the decision technically flawed — just like both of the Korea Maritime Safety Tribunal reports — and are considering our options.”

Independent tanker owners association Intertanko also expressed its disappointment.

“Intertanko expresses disappointment with the Korean authorities given all the efforts of owners, managers and the industry in general, which seem to have fallen on deaf ears,” said Peter Swift managing director of Intertanko.

Earlier this week Intertanko wrote to South Korean president Lee Myung-bak, saying that it hoped the court would “reach a fair and just decision”.

The Singapore Shipping Association said: “The SSA is very disappointed at the sentence meted out by the appeals court in Korea on the Master of the Hebei Spirit.

“This is despite the acquittal by their lower court and numerous protests from international shipping associations, including the Asian Shipowners Forum and Singapore Shipping Association. This is in clear violation of the principle set forth in the IMO guidelines on the Fair Treatment of Seafarers in the Event of a Maritime Accident.”

THE news that the master of the very large crude carrier Hebei Spirit, several crew, and indeed the owners of the ship, have been charged by the South Korean authorities, is profoundly depressing, demonstrating once again that the perils of the sea have become but a minor part of the risks run by those involved in marine transport.

It also illustrates the dilemma faced by maritime employers, who have to consider how best to support staff so disgracefully treated by the authorities, despite demonstrating great professionalism and seamanship in difficult circumstances.

The charges against Capt Chawla and his team are quite ridiculous and betray profound ignorance of ship operations. They also suggest that political pressure to placate those who have suffered from the pollution has been a major factor.

The facts speak for themselves. A VLCC was anchored in the authorised position. A crane barge, owned by South Korea’s biggest company, attempted a coastal passage in adverse weather. Its manoeuvres to avoid the anchored ship were inept and ineffective. The VLCC crew employed every reasonable and practical effort to avoid the collision and are now unfairly charged by the authorities.

Capt Chawla and his officers now join a depressingly long list of fine professionals who have been treated appallingly by authorities after a maritime accident.

Without exception, all the states whose treatment of those involved leaves so much to be desired, are members of the International Maritime Organization. Most will have attended the most recent meeting of the IMO’s Legal Committee, where recommendations for the fair treatment of seafarers involved in maritime accidents featured. All such administrations, and not just that of South Korea, need to examine themselves and consider the consequences of their disgraceful behaviour on those who make their living upon the sea.