Korean Court Sysytem comes under spotlight in Hebei Spirit Case

Immediate Release
29 September 20o8

Roberto Giorgi, President of V.Ships, technical managers of the Hebei Spirit, visited Korea last week, to demonstrate the company’s commitment and moral support for the Master and Chief Officer of the Hebei Spirit, who have been detained in Korea for nearly ten months. The visit resulted in both AFP and Lloyds List publishing some interesting and controversial comments from interviews with the V.Ships’ President.
The Hebei Spirit’s Master and Chief Officer have been detained in Korea since December 7th, 2007 for their part in the country’s largest oil spill. The trial against them and against Samsung - who were responsible for the Marine Spread (MS) of 3 tug boats and 1 large crane barge, which ultimately crashed into the fully laden VLCC, Hebei Spirit, after one of the tug’s towing wires broke in heavy weather - concluded on June 23 2008, with Not Guilty verdicts against the Master and Chief Officer of the Hebei Spirit and Guilty verdicts against Samsung and members of the crew of the MS.
Unfortunately, the Korean Prosecutor’s Office immediately lodged an appeal and refused to allow the Master and Chief Officer to leave Korea, despite being found innocent and various assurities being given by the crew, the company and the P+I Club that they would return when hearings commenced.
In both interviews, comments were directed at the perception given to the outside world - during the recent appeal court hearings which commenced in September, that Samsung and the Prosecutor’s Office were in collusion to overturn the initial “innocent” verdict for both Master and Chief Officer, brought down on June 23, by another Korean judge.
Mr Giorgi also questioned why Samsung (who were found guilty in the earlier trial) were allowed to join the appeal, alongside the Prosecutor’s Office against the innocent verdict of the Master and C/O of the Hebei Spirit. In a criminal case, is it common practice for private companies to be allowed to act as a 2nd prosecutor? We would suggest not in most modern countries with a “rule of law” system.
In a story published on September 24, on AFP newswire, the interviewer reported: “The developments "look to be designed to ensure that the master and chief officer are found guilty on appeal," Giorgi said, "I am worried that the captain and chief officer may not get a fair trial this time around."
The report went on: "This criminalisation of seafarers is having a detrimental effect on the industry, and at a time when there is a chronic crew shortage," Giorgi said.”
The Master of the Hebei Spirit, Captain Chawla also spoke to AFP, stating: My life has come to a standstill,"
The Master, Captain Jasprit Singh Chawla, 39, is married with two children, while the ship’s Chief Officer, Syam Chetan, 33, is married with a one-year-old son.
Lloyds List also reported Giorgi’s comments on the possibility of Samsung and Korean authorities ‘colluding’ for the retrial: “V.Ships President Roberto Giorgi told Lloyd’s List that the Korean side was giving information to the court to “prove a case that is not really there”.
“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.
The trial judge is expected to give a judgment on December 23, but depending on the outcome, prosecutors could appeal again, this time to South Korea’s supreme court, which could extend the HS crew’s enforced stay up to a further 6 months, taking one a half year’s out of their professional and personal life.
The Korean tribunal’s report on the accident said the tanker’s crew should have done more to prevent the accident without specifying what action could have been taken.
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, before the report had been written.
“I think there was some consultation between Samsung, prosecutors and the people that put together the report,” Mr Giorgi said.
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.
Stephen Li, a Hong Kong Marine Department accident investigator, confirmed that the department (as the Flag State for the Hebei Spirit) had neither been consulted nor received a copy of the report.
Can the industry unite to ensure justice – by international standards – is done without interference for political or economic reasons?
At a time when the shortage of Officers is at a critical stage, refusal by officers to sail to Korea, based on the treatment of the Master and Chief Officer of the anchored Hebei Spirit being rammed by a Samsung owned MS of crane barge and tugs – is not as improbable as it may sound.
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