Court orders release of Panamanian vessel which slammed into Harbour Bridge

Nov 16, 2022 News

Kaieteur News – High Court Judge, Fidela Corbin-Lincoln has ordered the release of the Panamanian vessel that slammed into the Demerara Harbour Bridge (DHB) on October 8, 2022.

The Demerara Harbour Bridge after it was slammed on October 8, 2022.

The vessel was detained after the collision caused extensive damage to critical components of the DHB, which not only left it inoperable but resulted in thousands of passengers and tons of agricultural produce stranded on both sides of the Demerara River.

While repairs were being carried out on the bridge which was reopened on October 10, 2022, water taxis which normally operate for 12 hours were allowed to work for 24 hours.

The Demerara Harbour Bridge Corporation (DHBC) has filed a lawsuit against the Panamanian company Canama Trading S De RL vessel which owns the MT Tradewind Passion vessel which slammed into the structure causing over $1B worth in damages.

The Panamanian company in turn has filed an action calling the detention of the vessel unlawful as it was done without or in excess of jurisdiction, without reasonable grounds, and not in compliance with statutes and the Constitution of Guyana.

On November 11, 2022, the High Court ruled that the Canama Trading S De RL Company is entitled to constitute a limitation fund under Section 414 (1) of the Shipping Act by paying or lodging with the Court, as security, $245,567,288.01 in keeping with an agreement it has with the DHBC.

According to the Statement of Claim (SoC) filed at the High Court, the DHBC said that the collision caused $1B and counting in damages and that there has been no compensation despite several oral requests demanding payment of the sum.

As such, the Corporation is claiming $1B for special damages and $50M in damages for negligence since the master of the vessel owned by the Panamanian company was negligent and failed to exercise the relevant international safety conventions for safety at sea.

The DHBC through its attorney Sanjeev Datadin explained said that the vessel’s master was negligent since he failed to sail at a safe speed; failed to report difficulties being encountered upon approaching the bridge; and failed to use reasonable care and skill in its operation so that the fuel tanker could veer away from, thereby avoiding collision with the bridge.