Incarceration of Master & Mate of VLCC tanker HEBEI SPIRIT for accidental pollution on Korean coast by Appeal court, after the lower court had exonerated them, is manifest injustice. This after all the professional and commercial international shipping organisations as well as free press had called attention to the suspected collusion and highlighted the fall outs of a feared judgment. Aren’t there published evidences to allege influencing witness?

It is an insult to seafaring and humanity. Do recall that seamen who risked everything were the ones who brought together civilizations on continents separated by oceans. With 90% of international trade borne by ships, especially food, fertilisers, fuels and most industrial goods, humans on earth are all interdependent. Humane treatment of seafarers toiling for a living -risking their lives in pursuit of marine adventure on behalf of trade- is necessary, if they are to be counted upon. Progress and prosperity of over half a millennium is owed to them indeed.

There is dearth of seafarers and reluctance of youth to consider seafaring as a career. Their criminalistion –for no fault of theirs- is the last despicable act one can stomach from hallowed courts of justice. Blame it on EU for having ovulated such a genie, that the Koreans have shamelessly fathered. This reprehensible Order will instill unnecessary fear in youth and soon we will be short of goods as seafarers become few and reluctant to sail.

Whilst making protests and noise in the press, TV, roads and elsewhere could be good propaganda, what is required is organized persistent action to get concerns across. Giving Korea the benefit of doubt, legal eagles should take initiatives to educate them on niceties of law, practice and justice. As this may not have an immediate effect, we might as well plan to administer them a dose of their own punishment at the first opportunity.

Let it not be a veiled threat, but an imminent act of unavoidable retaliation. Aren’t such steps resorted to by diplomats and their ilk, when lines are transgressed? As implicit trust is frustrated, let us explicit (verb) faithlessness, revolt and demand justice. Aren’t we still in the hangover of persuasive English Law used and left behind by the colonisers? Lws are stretched and that’s how jurisdictions are established with unreasonables trampling reasonables. Aren’t we proud of the Navy for tackling pirates in no man’s land?

Basic canons, doctrines, tenets and principles of law have not been honoured by the Justices. Mens rea –awareness, intent and reckless action with knowledge to cause harm- is a must for foisting criminal charges for conviction. It is grossly different from `strict liability’ for pollution compensation, as ignorance is no excuse anyway.
Preventive action taken by the crew prior to (when the tow passed dangerously close ahead) and remedial measures after the accident –when towing wires parted in heavy weather resulting in unavoidable collision and resultant pollution- clearly underscore their competence and mitigating efforts. There is no question of negligence/tort by the alter ego Captain unless it is vicariousness in wildest dreams of the misinformed. Hence there is no way willful neglect or conspiracy can be charged/found for conviction.

The case and sentence is fit to be analysed in all international forums of civilized countries, International Court of Justice, UN Human Rights Commission etc and recommendations drawn up to address such future eventualities.

As all these efforts will take time –considering how slowly justice is dispensed- our lawyer brethren should take up the matter with Members of Parliament, concerned Ministries- Shipping and External Affairs in particular- and canvas for a review, speeding up the appelate process convincing them for remission and release at the earliest. Let them save face and be seen to be meting out justice.

The technologists must educate the Koreans on Inert Gas, Pollution prevention, Compensation provisions and the difficulties in handling VLCCs in heavy weather. Koreans as shipbuilders very well know, but have been acting difficult, just to mollify their public and the fishing community affected by pollution.

Should such genuine and honourable efforts fail, it must be made clear that we reserve the right to retaliate in the way we feel fit with economic, social and legal boycott, isolation and unfairness as they have done unto the mariners. The distressed seamen can be counted to take law into their own hands if there is none to saviour them.

It is a shame on international organizations like IMO, INTERTANKO, BIMCO, ICS, IG Clubs, IACS, IAPH, etc and labour unions like ITF, MUI, NUSI etc for collective failure to stop the skullduggery; they should now work in unison for redressal. Insurers should think of imposing a stiff punitive premium and P&I Clubs should raise vessel specific Supplementary Calls for Korea port calls so that these would jolt them to differentiate between right and wrong. Despite jurisdictionary prerogatives, what is unlawful/illegal is malevolent as law is nothing but common sense, though it may be asinine and jungly at the worst. In all fairness, in a grossly unfair predicament we have been pushed into, we have a duty to set right the stupidities.

As for the mariners, shipmanagers, owners and seafaring community at large, refusing to trade/proceed to Korea, delaying and non-co-operation when in Korea are the possible measures. Contractually there would be ramifications and one could invent and argue `act of Korea’ exemption, citing that it is worse than `act of god’, invoking force majeure. Let no waters be left unchurned, lest we face worse judgments we can’t live with. No shore leave, lack of jurisdiction/enforceability against piracy in known waters and the temerity to criminalize against all norms of jurisprudence has landed us at the inflexion point where sailors feel unwanted and are forced to abandon shipping unless rescued.