Three employees of the Demerara Harbour Bridge (DHB) have been sent on leave to enable a probe of how the ship that slammed into it last month departed without official notification.
The attorney for the ship, the MV Tradewind Passion however told Stabroek News yesterday that an action on behalf of the government to stall the departure of the ship had failed in court and there had been no impediment to its departure. The departure is seen as a major embarrassment to the government which has said that the ship caused $1b in damage. No money has yet been paid over but the court has accepted the lodging of a Letter of Undertaking to the value of $247.4m. This would ostensibly be paid over if court action by the government against the ship owner succeeds.
Yesterday, Kamal Ramkarran, the attorney for the ship’s owner, Canama Trading told Stabroek News that the vessel was finally released by the court on November 19 but that there was an appeal of that decision by the DHB and Andy Duke, the bridge employee who was injured in the collision.
“The appeals and application for a stay were heard on 21 November in the Full Court and the Chief Justice [Roxane George] and Justice [Simone] Morris-Ramlall dismissed them as being completely without merit. And [they ordered] both the DHB and Andy Duke to pay $1,000,000 in costs to the vessel, each,” he added.
However, Minister of Public Works Juan Edghill yesterday argued that there is still ongoing court litigation and that regulatory approvals for the vessel’s departure were not given.
“There is ongoing litigation,” was all Edghill would say noting that he did not want to transgress the sub judice rule.
Nonetheless, he spoke on the probe which was initiated to ascertain how the vessel left its anchorage station and sailed off without requisite regulatory permissions.
Three persons were sent home to facilitate the investigation, Edghill explained. They are the Traffic Manager who coordinates with the company and with all vessels passing in and out of the river; the Radio Operator who communicates with incoming and outgoing vessels to allow for smooth passage and the Shift Supervisor. “People who are directly responsible for the operations were sent home to allow for the investigations,” he said.
Mandatory
He noted that it is mandatory that all vessels coming into the country that have to pass through the opened bridge follow lawful processes that include notifying Guyana’s Maritime Administration Department (MARAD) and the Demerara Harbour Bridge General Manager. Edghill said that MARAD officials will also be questioned during the investigation.
“The boat left the jurisdiction without the approval of the General Manager of the bridge .Any vessel transiting the Demerara Harbour Bridge, in or out, the General Manager must be notified,” he said.
“No vessel passes out [through] the bridge without the DHB giving clearance. Certain processes have to be followed, this includes that a shipping agent ensures that the vessel’s time is correlated to the DHB and a time stipulated is given when it can happen…,” he noted, explaining the procedures.
The collision occurred just about 2 am on October 8th after the MV Trade-wind Passion crashed into the bridge damaging four spans. At the time, the Panamanian registered vessel was navigating the channel to offload fuel at GuyOil’s Providence Terminal.
The vessel shifted the bridge about 45 degrees out of alignment while damaging spans 8,9,10 and 11. The damage has been labelled as extraordinary and requires a lot of technical work to restore the bridge to its previous state.
DHB Company Ship Supervisor, Duke was also seriously injured after he was forced to jump from a tower to get to safety.
Earlier this month, the High Court allowed the owner of the Panama-registered ship to lodge the sum of $247.4m as limited liability, compared to the more than $1b being sought by the bridge company.
The limited liability application which was made by Canama Trading was granted by High Court Judge Fidela Corbin-Lincoln.
Canama Trading’s position has been that if it is at all liable for any damage, it would be only for $244,944,006.21.
The Judge in granting the Order sought by Canama Trading on limitation of liability in the action brought against its ship by the bridge, also ordered that the vessel be released, once a letter of undertaking constituting the limitation fund has been lodged with the Registrar of the Supreme Court.
According to the Order seen by this newspaper, Justice Corbin-Lincoln directed that the letter be lodged no later than November 25th and that thereafter the DHB Company forthwith release the vessel to return to service and leave Guyana.
But on Saturday afternoon, the Ministry of Public Works expressed annoyance at what had occurred.
“It is public knowledge that on the 8th day of October, 2022 at around 2:00am, during a scheduled retraction the vessel – Tradewind Passion, an oil tanker (collided) with the Demerara Harbour Bridge, causing substantial damages and halting economic and social affairs of residents in regions 2,3,4 and 7. Being aware of the magnitude of the damages, the Maritime Administration Department, (MARAD) through the Harbour Master served a Notice of Detention on the vessel Tradewind Passion which is provided for under the Guyana Shipping Act. To secure a claim against the oil tanker, the Demerara Harbour Bridge, through its legal counsel, on the first available working day since the incident filed a claim for damages caused as a result of the allision in the sum of one billion dollars. The Demerara Harbour Bridge also indicated in their claim that expenses were, not at the time, finalised and the initial sum of damages was likely to be much higher,” the release stated.
“A requisition was also made for the arrest of the vessel, which was granted on the very day. Almost immediately the legal team for the Tradewind Passion launched proceedings against the Demerara Harbour Bridge. And, for the remainder of the month of October and most of November, there have been several court hearings concerning the arrest of the vessel and its release. Honouring the principle of sub judice, this is all that will be disclosed concerning ongoing litigation on this issue. What can however be stated, is that the Honourable Madam Justice Corbin- Lincoln, being satisfied with the Letter of Undertaking to the value of two hundred and forty seven million, four hundred and three thousand, six hundred and seventy-one Guyana dollars (GY$247,403,671.), lodged by the vessel owners, granted orders for the release of the vessel. It must be noted that there was no actual payment of monies into the Court. However, as a Government that upholds the Rule of Law, we view the Orders of the Court as sacrosanct,” it added.
The release stated that consequent upon these Court Orders, and without notification to the General Manager and Management of the Demerara Harbour Bridge, the Tradewind Passion sailed on Monday 21st November, 2022.
“All of Guyana is assured that 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,” it added.
