Firstly, let it be understood that any jurisdiction under public and political pressure will do what they feel is right, regardless of UNCLOS and IMO Conventions. This is what democracy is all about and what history has taught us. There is no point going on an emotional trip getting sentimental or thumping the chests. Laws do provide against negligence and whether it is criminal or not will depend on facts of the case, applicable law, jurisdiction etc. Preventive, pro-active and mitigatory measures would and should help sympathetic consideration and leniency.

Once it is criminalised –whether scapegoated or whatever- P&I Clubs would not be willing to help because that is not in their cover and brief. It is the ship that is entered with Club and shipmanagers are usually co-assureds with standalone covers, often. Crew has the standard covers for medical, loss of belongings, repatriation etc. Legal assistance and Defence cover may not be available to crew in critical cases.

Should the crew individually, collectively through shipmanagers and/or unions take such Cover is something the Administrations should lay down. Insurance is available against piracy, terrorism etc now-a-days. As for IMO, Fair Treatment of Seafarers has been on the agenda and this Convention should be fast-tracked though vested interests are stonewalling given the current crash and recessionary scenario. Maritime Labour Convention in the offing, likewise too.

As for law and lawyers, they would like to use every procedure and trick in the books and otherwise to carry and continue the case endlessly till the Judge draws the line. It is their duty to the client to pursue so as per client’s wish and documents/statements/evidences given by the clients without checking their veracity. The discovery process can be time consuming, expensive and often meaningless and fruitless in law. In Courts it is all about procedures and Law, and not about Justice really.

In hindsight, with benefit of doubt, one can say that Heibi Spirit is a turning point and a blessing in disguise. For, never ever have we so instantaneously come together for common cause vociferously on one platform, despite the inaction of the unions. The fact that the symbolic protest in London was called off so as not to upset Korean Supreme Court and its hoped for fairness, is another matter altogether.

V-ships does need to be appreciated for backing the two held and fighting the case through the system. Wonder what most other shipmanagers would have done! So the Indian DG stands lauded for the registration schemes we have to weed out undesirables.

Looking back, it is not unsurprising that we –the international mariner fraternity- were not united in cases of ERIKA and PRESTIGE and the earlier ones (Nissos Armigos..) in Venezuela concerning similar issues. Were the clubs and IG Group active?

As for pollution, it is well provided for through CLC (covered by Clubs) and FUND of the oil industry. Do recall that tanker owners and the oil industry had made voluntary provisions (TOVALOP & CRISTAL) after TORREY CANYON and it was only much later that the IMO created mandatory compensation regimes were legislated.

In other words, we are a very responsible and pro-active industry. But are the Master and Crew sacrificeable when it becomes inconvenient to face the facts and laws? The answer seems sadly yes and I am afraid that it will remain so, given the nature of shipping with one ship companies, outsourced management, asset and liability spread etc. Therefore, do please ensure that your ships are well insured and you too.

So what’s in store for Master and crew. Firstly, they will be viewed and treated separately. The Master as alter ego of the ship and in his own shoes, and the crew as part of the team at Masters’ disposal and as individuals also. To cite examples, a crew who throws garbage may be individually taken to task and the whole crew if they were desludging, say before dry-docking. It does create barriers between Master and crew, but don’t forget IMO’s avowed goals are Safe Ships and Clean Seas.

Form the preventive point of view “try and run a safe ship” no matter the market, manager, owner, crew and cargo, is the best surmise Masters can draw. For heavens sake, educate and enforce such with the crew. Will petty criminalisation happen again? Yes, for sure, as long world trade and humans exists because no legal system and lawyers will ever agree to everything surrendering their rights endangering their profession.

The big question that remains unanswered is whether the landlubbers understand and appreciate what marine adventure is all about. In this context, frankly, I dare to opine that ex-seafarers do not seem to have done their duty or played their part properly. In the positions they are, they must be able to convey to all concerned what shipping is all about and what risks exist, are known, are provided for and what cannot be known and ever provided for.

For instance, the surprises that await us beyond the horizon, despite technologies, funds etc. For, nature can be furious when calm and in storm. From the becalmed sailors to the one blamed for collision when safely riding at anchor to the ones that have gone down in ice, fog and storms, we are as yet sailing on steep learning curves.