Page 20 - 42 SAYURUSARA
P. 20
18 Sayurusara 2020 December
Commander of the Navy Expressed and one-fourth the crude oil on board due to an
Gratitude to ICG oversight by Sri Lanka’s maritime authorities.
6. This is suspected be a deliberate action
Concluding Remarks against Sri Lanka. This is very old ship and
owners wanted to let it to catch fire with a hidden
Difference of Opinions... agenda for an insurance claim. Else, they wanted
to destroy our marine environment and coast to
There are various comments made by fulfill someone’s political/diplomatic interests.
subject and legal experts in the country with There is a doubt on seaworthiness of the ship and
various interpretations and arguments on how the necessary certification for the sea passage as it
best we could handle the matter for our favour as is 20 years old, though it is said to have ‘NKClass’.
follows. So, we could have properly check all of them
making it difficult for them to bargain or escape
1. We should not allow Salvor company from our payment demand. This idea supported
to take hold of the ship. Instead we could have with the facts that owners are reluctant to produce
undertaken the task as a Statutory salvor and such certifications, no proper methods followed
we may hire expertise assistance of SMIT for the for distress signaling and fire extinguishing and
task. Then, we could have obtained whole award the ambiguities on the statements given by crew
for salvage and pay some amount for those who members and the Captain on the incident included
assisted. their less confidence on ship’s equipment and
2. We could arrest the ship and tow to Sri safety systems available.
Lankan port, preferably to Trincomalee and file 7. Some personnel believe that matter is
a case. Then we can have the ownership of the sorted out in this way as a result of political/
vessel. Further, we could sell the crude oil to diplomatic interference mostly from our mighty
another party. neighbour where the ship’s charterer (IOC) is
3. The action taken to tow the ship towards based on.
deep sea in the north-east direction is wrong. It was
the cause for the re-ignition of fire once doused as Something to Understand...
winds came from South-West direction supported
the fire. We could tow or let the ship drift more Even though, the wind effect by that time
towards land. It could be advantageous by taking was from the South-West direction, the total drift
the land cover against the wind for easy firefighting during most of the time a day was on the other
operation. Should the oil spill occurred, not much way (towards land) due to effect of resultant force
different of the effect if it happened 40 miles away from the other factors like current, tidal streams
or close to land within territorial waters. Thus, and many other wave formations. The decision
within 12 nmiles, we could have more authority taken to tow her towards sea provided safe room
and gains in terms of law with the applicability of for salvage missions, best under water column for
the Merchant Shipping Act No.52 and 36 of 1971 the cooling effect and to avoid possible grounding/
and 1988 which involves utilization of government stranding which was the main cause for oil spills
salvors (military). according historical records.
4. We could file a case in Sri Lankan courts for
the pollution and can charge some more fine. We Towing the vessel towards or giving refugee
should not allow ship to leave Sri Lankan waters status at the Port of Trincomalee as requested by
until the case on pollution and payment is over. the owner and opinion of some locals, found not a
5. Sri Lanka lost the opportunity of claiming good option due to many reasons. This ship floats
one-fourth the value of the MT New Diamond with a large consignment of crude oil but merely a
hull as her machineries are out of order. The hull is
highly stressed due to fire and entire superstructure
is damaged due to the effect of fire and sustain
underwater damages under the engine room
as well. Therefore, the place of refuge demands
proper repair facilities which Trincomalee port
does not possess with. If the crude oil consignment
exposed into the marine environment due to
any reason, that would create unrecoverable
environmental damage and enormous economic
Commander of the Navy Expressed and one-fourth the crude oil on board due to an
Gratitude to ICG oversight by Sri Lanka’s maritime authorities.
6. This is suspected be a deliberate action
Concluding Remarks against Sri Lanka. This is very old ship and
owners wanted to let it to catch fire with a hidden
Difference of Opinions... agenda for an insurance claim. Else, they wanted
to destroy our marine environment and coast to
There are various comments made by fulfill someone’s political/diplomatic interests.
subject and legal experts in the country with There is a doubt on seaworthiness of the ship and
various interpretations and arguments on how the necessary certification for the sea passage as it
best we could handle the matter for our favour as is 20 years old, though it is said to have ‘NKClass’.
follows. So, we could have properly check all of them
making it difficult for them to bargain or escape
1. We should not allow Salvor company from our payment demand. This idea supported
to take hold of the ship. Instead we could have with the facts that owners are reluctant to produce
undertaken the task as a Statutory salvor and such certifications, no proper methods followed
we may hire expertise assistance of SMIT for the for distress signaling and fire extinguishing and
task. Then, we could have obtained whole award the ambiguities on the statements given by crew
for salvage and pay some amount for those who members and the Captain on the incident included
assisted. their less confidence on ship’s equipment and
2. We could arrest the ship and tow to Sri safety systems available.
Lankan port, preferably to Trincomalee and file 7. Some personnel believe that matter is
a case. Then we can have the ownership of the sorted out in this way as a result of political/
vessel. Further, we could sell the crude oil to diplomatic interference mostly from our mighty
another party. neighbour where the ship’s charterer (IOC) is
3. The action taken to tow the ship towards based on.
deep sea in the north-east direction is wrong. It was
the cause for the re-ignition of fire once doused as Something to Understand...
winds came from South-West direction supported
the fire. We could tow or let the ship drift more Even though, the wind effect by that time
towards land. It could be advantageous by taking was from the South-West direction, the total drift
the land cover against the wind for easy firefighting during most of the time a day was on the other
operation. Should the oil spill occurred, not much way (towards land) due to effect of resultant force
different of the effect if it happened 40 miles away from the other factors like current, tidal streams
or close to land within territorial waters. Thus, and many other wave formations. The decision
within 12 nmiles, we could have more authority taken to tow her towards sea provided safe room
and gains in terms of law with the applicability of for salvage missions, best under water column for
the Merchant Shipping Act No.52 and 36 of 1971 the cooling effect and to avoid possible grounding/
and 1988 which involves utilization of government stranding which was the main cause for oil spills
salvors (military). according historical records.
4. We could file a case in Sri Lankan courts for
the pollution and can charge some more fine. We Towing the vessel towards or giving refugee
should not allow ship to leave Sri Lankan waters status at the Port of Trincomalee as requested by
until the case on pollution and payment is over. the owner and opinion of some locals, found not a
5. Sri Lanka lost the opportunity of claiming good option due to many reasons. This ship floats
one-fourth the value of the MT New Diamond with a large consignment of crude oil but merely a
hull as her machineries are out of order. The hull is
highly stressed due to fire and entire superstructure
is damaged due to the effect of fire and sustain
underwater damages under the engine room
as well. Therefore, the place of refuge demands
proper repair facilities which Trincomalee port
does not possess with. If the crude oil consignment
exposed into the marine environment due to
any reason, that would create unrecoverable
environmental damage and enormous economic
