Scapegoat for political mismanagement

The deplorable injustice of the Spanish courts in sentencing 81 year old Captain

 Apostolos Mangouras to two years in jail for negligence in the 14 year old case where the Spanish Government refused a request for “Place of Refuge” that precipitated  the break-up of the tanker “PRESTIGE” is worrisome to Canadian mariners because the same thing could happen in Canada. 

            Just what the Court expects to punish by this ruling is a mystery.  If someone should be in jail, it should be the Spanish who turned a crisis into a disaster by their idiotic decision to order the ship AWAY from the coast into the teeth of a gathering storm, when they were downwind of the storm!  A classic example of the dangers of allowing non-mariners to make such decisions.

            Canada’s expert panel on Tanker Safety has recommended the formation of “a centralized marine casualty decision-making authority acting in the public interest, similar to those authorities established in the United Kingdom and Australia.” 

RECOMMENDATION 3-1: The Government of Canada should improve the timeliness of decision-making for marine casualties by establishing a centralized marine casualty decision-making authority acting in the public interest, similar to those authorities established in the United Kingdom and Australia.

https://www.tc.gc.ca/media/documents/mosprr/TC-Tanker-E-P2.pdf

           The Company of Master Mariners of Canada deplores the criminalisation of mariners who, in the process of obeying their employer and the law of coastal states, find themselves in the innocent victim by professional default.

            In Canada, the Migratory Birds Act administered by Environment Canada rather than the Canada Shipping Act 2001, has the power to incarcerate mariners first and ask questions later. This is great encouragement for young mariners seeking a career in the world’s greenest and most efficient mode of transportation.  Welcome aboard but read the disclaimer that you may be prosecuted in Canada if we experience a marine emergency and someone else on board violates the Migratory Birds Act – if we survive.  

            Turkey has just announced that it will prosecute the master whether he personally had anything whatsoever to do with a case of pollution.

            The Spanish court has just proven the old adage that “the law is an ass” and sentenced 81 years old Captain Apostolos Mangouras to two years for a crime committed by the Spanish government some 14 years ago!  They accused him of negligence for obeying their orders.  

            The Company of Master Mariners of Canada encourages the Government of Canada to act of the Tanker Safety Recommendation to establish a  centralized marine casualty decision-making authority who is GUARANTEED freedom from political interference once the crisis is declared.   Ships in search of places of refuge and ships in need of assistance to make a post of refuge are nothing new    to Canada and in most cases we are successful in saving live, property and the environment.  We need to keep doing it without the mariner having to think: “If I save your life, I might go to jail for it”.