The master of the wrecked bulker OS 35 will not be imprisoned over the grounding off Gibraltar last August.
GBC reported that 53-year-old Syrian captain Abdulbar Kaddoura was handed a four-month sentence suspended for a year by Gibraltar’s Supreme Court.
The 35,400-dwt handysize OS 35 (built 1999) was deliberately grounded off Gibraltar after a collision with the 165,000-cbm gas carrier Adam LNG (built 2014), which was at anchor.
Judge John Restano said the sentence had to reflect low culpability on the master’s part, while also taking into account the harm the incident had caused.
Kaddoura’s error was described by Restano as “a professional miscalculation over the space of a few minutes, nothing more”.
The judge acknowledged the extent of the pollution and environmental consequences, however.
The Supreme Court heard that Kaddoura had miscalculated the winds and tides in his exit manoeuvre on 29 August.
His lawyer, Freddie Vasquez KC, said the initial contact was with the Adam LNG’s anchor chain, which then pulled this vessel towards the OS 35.
The barrister added that Gibraltar is very busy, with lots of ships, making manoeuvres difficult and dangerous.
Negligence, not recklessness
Kaddoura had a previously unblemished record at sea and is of exemplary character, the court heard.
Director of public prosecutions Christian Rocca accepted that the captain had not been reckless, but said he was negligent.
The report said Kaddoura has suffered from insomnia and depression since the accident and has not been able to return to Syria.
Kaddoura is also due in Gibraltar’s magistrates court on Thursday to face an additional charge of damaging the breeding ground of a protected species.
