Rough justice for the Hebei Two?
On 23 April 2009, the Korean Supreme Court handed down its judgment against the Master and Chief Officer of the Hebei Spirit, the fully laden VLCC which was struck by a crane barge in December 2007 resulting in Korea's largest oil spill.
The two officers, who have faced charges of violating Korea's Marine Pollution Prevention Act and negligence leading to the destruction of the Hebei Spirit, had been found innocent of all charges in the first instance judgment in June 2008. However, upon appeal, this decision was reversed and in December 2008 they were found guilty of a variety of offences, resulting in the imposition of both fines and prison sentences.
In Thursday's final appeal verdict, it is understood that the Supreme Court held that the decision that the two officers were in breach of the Marine Pollution Prevention Act should stand, but that the finding that they were guilty of destruction of a vessel by negligence (the finding which gave rise to the prison sentences) should be reversed. However, even though the Master and Chief Officer of the Hebei Spirit are now free from the threat of imprisonment, some aspects of the case have been ordered by the Supreme Court to be re-considered and re-examined by the lower appeal court. The two officers remain in Korea as they are in principle required to attend these lower court hearings.
BIMCO, along with several other industry bodies, is greatly concerned that after over 500 days separated from their home and families, the two officers are still detained in Korea despite no longer facing prison sentences. Throughout this disturbing case, several appeals have been made by the industry, including BIMCO, for a return to the original innocent verdict and for the two officers to be allowed to return to India. Whilst the latest developments are for the most part encouraging, the fact that the officers have not been exonerated and are still not free is highly disturbing, and the industry continues its appeals to secure their release.
Contact: international@bimco.org