August 2007

Master in Jail After Drugs Found in Cargo

Friday 31 August 2007 Lloyds List 
Master facing drugs trial slams charges as ‘a farce’      By Nigel Lowry

A VETERAN Croatian reefer master has highlighted the personal and professional indignity he and two shipmates are suffering after being thrown into a Greek jail when drugs were found stashed among thousands of boxes of bananas their vessel was carrying from Ecuador.  From Korydallos prison, where he has been held since mid-July, Captain Kristo Laptalo called the case against him and the other two crew members “a farce”.

In a brief telephone call to Lloyd’s List, Capt Laptalo said: “I am a seaman. I do not have a problem with the heat, or bad food or being in a small room. These are not things I cannot stand. But the awful thing is that at the age of 58 I am a prisoner when I should not be a prisoner. It is the indignity. ”

The master of the 1976-built reefership Coral Sea, together with Lithuanian first mate Konstantin Metelev and Filipino bosun Narciso Carcia, were arrested after 51.6 kilos of cocaine was found stashed in two boxes among more than 27,000 boxes of bananas that were unloaded at the Greek port of Aegion on July.

The discovery was made during a quality check carried out by the ship’s agent who notified the coastguard and police.  Although the Coral Sea had already been cleared to sail, Capt Laptalo said he voluntarily left the ship to inspect the suspect boxes himself just 10 minutes before the expected arrival of a pilot.

The Bahamas-flagged vessel remains under detention in Aegion. Its manager, Trireme Vessel Managemen of Antwerp, is said to be strongly supporting the men. Trireme managing director Kevin Bragg, who also heads a number of Bonita Bananas partner companies in Europe, was travelling yesterday but approved a pre-prepared statement. It concludes: “This is a problem which afflicts all companies involved in the banana trade from South and Central America.  No member of the crew could have known that the boxes containing the drugs would be unloaded in Aegion. Also, it would be impossible to introduce the drugs into the cargo while in the holds given the limited access to the holds and lack of space.”

Although they are confident the trio will eventually be acquitted, Greek lawyers have prepared them and their families for what could be a lengthy wait behind bars.

Stamatis Tzelepis of the Ioannis Iriotis law office, hired through the P&I club to handle the criminal defence of the three seafarers, said the first opportunity to seek bail again would be after September 17, with an investigating judge’s decision not likely until October.

He said the fight to have the men freed on bail would be “difficult”. Jailing of crew in drug cases was almost routine in Greece. “This is the mentality of the judges,” he said.

Mr Tzelepis said that even against this background of blanket charging of seafarers the Coral Sea case stood out.

“I personally have never seen such a case where there was absolutely no evidence before the judge. The big issue in this case is that when the ship left Ecuador the captain could not know the destination and therefore could have no plan to deliver any drugs.”

In his pleadings Capt Laptalo has said that the orders to call at Aegion were sent to him 13 days after the ship’s July 6 departure from Guayaquil.  Orders to unload 27,377 boxes at the Greek port came 17 days into the voyage.

Korydallos prison, on the outskirts of Athens, is a high security jail that has hosted some of Greece’s most notorious criminals, including dictator George Papadopoulos and urban terrorists.

General

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Otaki Scholar

Our annual meeting with members of the Durham Association was held at the Bay Plaza Hotel, Wellington on Monday 20 August 2007. This was to mark the visit of the 64th Otaki Scholar from Robert Gordon School in Aberdeen, Scotland.

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2007 Otaki Scholar Denesh Srikrantharajah with Captain Tony Date, Wellington Secretary of the Durham Association.

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Some of the Durham Association and Wellington Master Mariners members at the Annual Otaki Scholar meeting. From Left: John Davis, Richard Davis, Tony Spite, Brian Baggott, Ian Murray, Alfie des Tombe, Neil Bissell, Denesh Srikantharajah, Alan Darroch, Nicolas Wilson, Ian Dymock, John Brown, Tony Date, John Hermans, Cor van Kesteren, Graham Williams, John Withington, Ian Mackey, Peter Wright.

Wellington Branch

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Executive Council

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Executive Council members at the 2007 AGM.

Tim Wood (Warden Tauranga Branch), Richard Knight (Warden Christchurch Branch), John Brown (Master), Peter Attwood (Warden Wellington Branch), Jaap de Jong (Warden Auckland Branch), Ken Watt (General Secretary/Treasurer).  

Executive Committee

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Master’s Report to 2007 AGM

Masters Report – AGM August 2007

It is with pleasure that I submit my report for the past 12 months. 

Membership
Our membership as at 31 July is 248.

This includes 8 life members
 Captain Max Deane   Auckland Editor Retired Union Co
 Captain Tony Gates   Past Warden Retired British India
 Captain John Twoomy  Past Warden Retired Port Employers
 Captain Edgar Boyack  Retired Marine Department
 Captain Jack Dickinson  Retired Merchant Service Guild   
 Captain Jim Glyde   Past Warden & General Secretary 
 Captain Jim Varney   Retired Auckland Harbourmaster
 Captain Fred Kelner   Past Warden Retired Union Company

And 9 Honorary Members 
 Rev W Law    Retired- Missions to Seafarers, Auckland
 Cdr Larry Robbins   Past CEO Maritime Museum Auckland
 Piers Davies    Honorary Solicitor Auckland
 Dr J Frew    Retired Port Doctor Auckland
 Alister Macalister   Honorary Solicitor Wellington
 H McMorran    Retired long time Gen Secretary/Auditor  
 Rev J Pether    Retired -Missions to Seafarers, Wellington
 John Woodward   Honorary Solicitor Christchurch
 George Hill    Christchurch

Finances
Our finances have changed little from last year and the Executive can see no reason to change the present capitation levy which goes towards funding it’s activity. The main expenditure in this area is the General Secretary’s honorarium and the cost of the Annual General Meeting. It will be seen from our financial report that the balance sheet for the Company (executive) reflects a $124 surplus for the year whereas in the consolidated assets of the Company (Company and all Branches) our total assets, at $34483, are down $260 from last year. 
 
Management
Quarterly reports from the General Secretary have been circulated on a 3 monthly basis as required by the rules. Branch Committees have met regularly and minutes received by the General Secretary. Branch Newsletters have been received by the General Secretary from all Branches on a regular basis. We also receive newsletters from kindred organisations in Canada and Australia.

The General Secretary arranged to publish the first edition of the revised “On Deck”. This was generally well received although it was not intended that some articles sourced from other publications would be included. This was done at the last minute to fill the available pages and because we had run out of contributions from members. A greater effort is being made with the next issue which should be published soon.

In an endeavour to improve our visibility generally in the shipping community the Wellington Branch committee recently authorised the development of a web site. The ongoing costs are minimal through the pro bono generosity of web site company Signify Ltd. If taken on board, this facility could be used by all branches of the Company and we would have links to kindred organisations in other countries. Our notices, newsletters, photographs and controversies would have a much wider audience. 
 
General  
It is probably time to once again look at the future of seafaring in New Zealand and to decide if we want to be involved with the future direction of the industry or simply walk away from it. In the past 25 years Master Mariners have been noticeably conspicuous by their absence from any advisory roles to Government, government agencies and ship owners. Some of this was no doubt because of conflicting interests of members or the lack of a united voice. This is understandable as we were all trained to make decisions without reference to others, however our place has been now taken in these advisory and management roles by other professionals such as doctors, lawyers, and accountants and in some cases even by marine engineers.

Some decisions have been made which have not made the master’s position any easier. I have no doubt that within our ranks there is a wealth of experience that can, and in my view, should be used for advice on maritime rule making, rule interpretation and assisting the industry to make sensible progress.

Examples of the above are Maritime Rule 22 which is a politically correct sanitisation of the International Collision Regulations and which has yet to be tested in any New Zealand Court. New Zealand Marine Weather forecasts have slowly dropped the beaufort wind scales used for many years by mariners and associated with descriptions of sea states.  

In the next few months three documents will be published for public consultation. These are maritime rules that detail harbourmaster qualifications and competencies and updated pilot age rules, including the use of exemption certificates and a Ministry of Transport discussion paper. I make a plea for any members to make submissions regarding these documents if there are any parts that they do not agree with.  

It will be remembered that after  a couple of incidents of ships grounding at Gisborne and Bluff, the MSA set up a National Advisory Committee to look at Port and Navigation Safety.  The committee consisted mainly of local authority officers and has resulted in risk assessments, safety management plans and continuing audits being made. The risk assessments have been described as good and helpful. The safety management plans are a pulling together what was already carried out in most ports. One master mariner said the manuals produced detail what a competent Harbourmaster should know to do his job and its contents would be well known to any harbourmaster of the past. The continuing audits will result in a paper war similar to that which has been introduced on board ships.

It is my view that if the position of harbourmaster, which was in most cases the senior pilot or at least an experienced pilot, had remained as it was for the previous 100 years, the incidents which resulted in the creation of the National Advisory Committee would have not occurred. There would be a career path for pilots to progress to in what should be the highest paid and most senior nautical position in any port.

A recent letter to the NZ Herald from one of our members reminded me of a rule change made some 15 years ago when obviously no Master Mariner was consulted. The letter referred to the refusal by the roads authority, Transit, to fly the NZ Red Ensign from the Auckland harbour bridge to mark Merchant Navy day. With the introduction of the NZ Flags Emblems and Names Protection Act the exclusive right of merchant ships to fly the red ensign was removed. According to the Act, the red ensign can now be flown “on land or places or on occasions of Maori significance” and NZ ships may fly either the NZ National Flag (Blue) or the red ensign but government ships must fly the NZ National Flag (Blue). The Taupo coastguard, a quasi government body, was recently given permission by the Governor General, supported by two cabinet ministers, to fly the NZ Red Ensign at their rooms – a long way from the stern of a merchant ship.

Recent press reports indicate that the culture of blame which has overtaken the industry resulted in Melbourne pilots refusing to move ships during periods of reduced visibility. The chairman of Port Phillip Sea Pilots said that this was the first time that he could recall in his 28 years as a pilot that no ships moved while the port and its surrounds were shrouded in fog. He said that since the decision to recommend criminal proceedings against pilots, they have become reluctant to put their licences in jeopardy.

In New Zealand the investigation of incidents by both the Transport Accident Investigation Commission and also by Maritime New Zealand appears to be unnecessary duplication. As the administrators of the Maritime Act, Maritime New Zealand should only need to investigate those incidents where a prosecution is considered necessary. If prosecution is not proceeded with then the results of any investigation should certainly not be published as has been done on many occasions in the past 10 years.

In a recent court case where a ferry master was found guilty of not reporting an incident to the authorities, the court did not resolve the question of ultimate responsibility where on some New Zealand ships there are two masters of supposedly equal rank and authority, both serving on the same ship at the same time. The masters do not change “watch” at the same time as the rest of the crew – all departments working their own unique rosters. This must lead to uncertainty especially when an incident does occur. There is erosion of control with one master being played off against the other. The excuse for this system is that this is the only way to run a ship 24 hours a day. This seems strange when ships have been running 24 hours a day since time immemorial. It is my opinion that there can only be one master on board at any one time but he can delegate authority and control to whoever is qualified and experienced.   

Our organisation is in good heart socially, but I think it is time we took more than a passing or nostalgic interest in our industry.

Finally while on the subject of nostalgia, some members are curious as to what has happened to vast amount of shipping memorabilia that was housed and on display in such places as the Wellington Maritime Museum and the New Zealand Shipping Company Wellington Office. It has been suggested that some has been sent offshore. Many countries prohibit the export of heritage items and most of this material surely falls into this definition.

In closing, I wish to record my thanks to the General Secretary/Treasurer and to the various Branch Wardens, committees and newsletter editors for their continuing efforts.

Captain J A Brown
30 July 20007

Executive Committee

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Recent Incidents

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General

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