Latest update April 18th, 2024 12:59 AM
Nov 30, 2022 News
– says abnormal high tide, negligence of DHB staffers resulted in the collision
– wants over $200M in compensation
Kaieteur News – Owner of the MT Tradewind Passion – the fuel tanker that slammed into the Demerara Harbour Bridge on October 8 rendering it inoperable for approximately 48 hours, is denying liability for any of the damages caused.
The owner of the vessel which is said to be registered in Panama claims instead that the accident was as a result of “abnormally high tides,” and negligence of the Harbour Bridge staffers.
The Demerara Harbour Bridge Corporation (DHBC) is locked in a lawsuit with the owner of the Panamanian registered vessel for damages to the bridge. The DHBC is seeking in excess of $1.050B in damages. Despite several oral demands for the sum, the company has refused to pay it and has instead brought a counter claim against the DHBC for the damages it experienced as a result of the incident.
In the counter claim, the owner of the vessel who is listed as the defendant in the matter has asked that the Court grant the company in excess of $200 million to compensate for the damages done to the vessel as a result of the collision to the bridge on October 8 last. In a written defence to support the claim, the lawyer for the defendants, Kamal Ramkarran set out the series of events which led to the vessel being damaged in the collision. He explained that on October 8, 2022, the vessel was at all times proceeding in accordance with good seamanship and applicable regulations, and under the advice of Pilot Kenneth Cort. He said that the incident occurred without fault on the part of the master, crew or the vessel.
The lawyer explained in the document that as the vessel approached the bridge, it was caught in an extraordinary combination of circumstances. It encountered “irresistible and unpredictable natural forces or force majeure.” According to the lawyer, “The period from 7th to 13th October 2022 was a period of abnormally high tides. High tide on the 8th October 2022 was a height of 3.08m, being above the monthly average of 2.71m.”
Ramkarran went on to state that at about 01:00 hours, the flood tide at the retractable span of the Bridge was unusually strong and was not predictable to the highly experienced Master of the Vessel, Captain Freddy Mendoza and Pilot Cort.
He said too that, “No warning was given by the bridge to the vessel during its approach of the unusual effect of the current at the time and on the night in question.”
Additionally, Ramkarran said in the pleading that the lights displayed on the bridge at the material time were misleading and/or not in compliance with requirements, regulations or international standards for bridge navigation lights.
Consequently, he said, “The vessel was caught by the current on its approach to the retractor section of the Bridge.”
Further, the attorney noted that the Claimant (the DHBC) failed to advise the vessel that it was on a collision course with the Bridge, but only that the vessel was on a course “close to the cluster piles”. He said that there was no indication or direction that the vessel was required to change course at this time.
“…The claimant apparently realized its mistake in inviting the vessel to transit the bridge under the particular prevailing conditions and directed the vessel to ‘turn around, demonstrating a striking lack of familiarity for an experienced bridge operator accustomed to inviting and directing vessels to transit the bridge with the capabilities of vessels underway to manoeuvre in restricted waters, in particular, when subject to strong tidal conditions and/or caught in a fast-moving current,” Ramkarran said
Added to this, the lawyer spells out in the document that the construction of the bridge interfered with the safe navigation of the vessel resulting in the collision. “…The increasingly strong current together with the way which the bridge was constructed made transit navigation of the Vessel subject to force majeure.”
As such, the lawyer of the DHBC is put to strictly prove that there was negligence by the Master, crew and the vessel. On those grounds, defendant counterclaims for damages arising from the incident in excess of GYD100,000,000 arising in respect of damage suffered by the vessel as a result of the incident; loss of use of the vessel, damages for detention of the vessel; damages for wrongful imprisonment of the vessel; such further or other losses or amounts as the Court deems just. The defendant also claimed damages for the wrongful detention of the vessel. The operator of the fuel tanker claimed to have suffered loss and damage in excess of GYD100, 000,000 for the detention of the ship, which has since been released.
Vessel escapes
Meanwhile, only on Sunday this newspaper reported that three workers of the Demerara Harbour Bridge (DHB) have been sent on leave pending an investigation after the vessel left Guyana without paying up. Minister of Public Works, Juan Edghill on Saturday confirmed that the staff was sent on leave. The vessel was detained to facilitate an investigation and subsequently released as a result of a court order failed to lodge $247.4M. 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. However, Justice Fidela Corbin Lincoln had ordered that the vessel be released after the owners agreed to lodge some $247.4M at the Court.
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 claimed $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.
However, on Saturday, Minister Edghill said, “It must be noted that there was no actual payment of monies into the Court.” Edghill noted that the Vessel sailed out of Guyana’s waters without notifying the General Manager of the DHB. The Minister said that Guyana, through its regulatory agencies, has no control over its waters and marine traffic so there was nothing could be done to stop the vessel from leaving. “All of Guyana can be assured that this Government will continue to vigorously pursue its claims in this matter to ensure that the Demerara Harbour Bridge is justly compensated for the damages caused by the Tradewind Passion,” the Minister assured.
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