Berlian Laju Tanker is going into battle against oilfield services giant Schlumberger in London over a smuggling case that left the master of one of its vessels under arrest in Thailand and facing a fine of up to $4m.
The Indonesian company said the captain is innocent and is being unfairly criminalised for something he had no control over.
While Berlian Laju has made securing the release of its master its first priority, it has also filed a case against Schlumberger in the High Court in London, seeking unspecified damages it claims it suffered because of the prolonged seizure of the vessel and the arrest of its captain.
The saga began last January, when the 7,500-dwt product tanker Celosia (built 1997), owned by Berlian Laju subsidiary Brotojoyo Maritime, arrived at the Thai port of Ranong to discharge a cargo of lubricating oil.
Schlumberger was the consignee on the cargo after buying it from the ship’s charterer, Malaysian oil major Petronas.
Berlian Laju has argued that under the charter contract and bill of lading, Schlumberger was responsible for arranging the necessary customs clearances.
The lubricating oil was to be held in transit at a free zone facility, as it would be transshipped to rigs operating off the coast of Myanmar.
Customs raid
Berlian Laju claimed that the ship’s port agent and two Schlumberger employees, one of whom was its local branch manager, said that all was in order and the vessel could begin discharging its cargo into a fleet of tanker trucks waiting on the dock.
Halfway through the discharge, Thai customs officials raided the ship and ordered the offloading to stop. They claimed the cargo had not been declared prior to the ship’s arrival, and they considered it smuggling.
The Celosia and the trucks were seized and held as evidence. The ship’s master, Captain Sugeng Wahyono, was arrested on smuggling charges, as was an agent.
Berlian Laju managers told TradeWinds this week that it was only after they lodged a protest with the Thai public prosecutor that Schlumberger and its two employees were listed as suspects in the case.
The Thai customs and police departments held the Celosia for six months. Only after Berlian Laju appealed to the public prosecutor was the ship released.
Smuggling charges
The company was less successful in its attempts to have the charges against Wahyono dropped. He is being held in Thailand on charges of facilitating smuggling.
Berlian Laju has provided him with hotel accommodation and a lawyer and has continued to pay his salary throughout his year-long ordeal. His trial is scheduled for 4 February. If convicted, he faces a potential fine of up to $4m.
“We believe we have strong evidence that will prove that the master is not guilty. On our side, all the paperwork was correct and in order prior to the ship’s arrival,” a senior Berlian Laju official told TradeWinds.
“We have taken this matter up with Indonesia’s Foreign Ministry, but because of sovereignty concerns, they cannot interfere. They can only monitor the situation.
“It is very unfortunate that the case progress has been very slow and the court trial is only now starting, without any certainties when it will end.”
Schlumberger declined to comment for this story, citing the pending litigation.
