A year has passed since a bulker grounded off Pointe d’Esny in Mauritius, spilling more than 1,000 tonnes of fuel oil and causing devastating environmental damage.
While compensation negotiations and the clean-up continue, the master of the 203,000-dwt Wakashio (built 2007) has been held in custody.
Sunil Kumar Nandeshwar, a 58-year-old Indian national, has twice been denied bail by Mauritius’ criminal courts, as he is considered a flight risk, even though police hold his passport and seafarer documents, and he has no contacts on the island.
By contrast, the master of the tanker Prestige, which sank off the coast of northern Spain, causing devastating pollution in 2002, was allowed out on bail by the Spanish courts after 83 days.
The Wakashio's chief officer and other crew members also remain detained on the island as witnesses. Some of the crew will have been away from home for more than 18 months.
Change of charge
Nandeshwar’s continued detention reopens questions over the criminalisation of seafarers in maritime accidents and has been criticised by the International Transport Workers’ Federation (ITF) and National Union of Seafarers of India. The ITF is ready to write to the Mautritius' government to complain about the treatment of the Wakashio crew.
The initial provisional charge of breaching the Piracy and Maritime Violence Act 2011 has reportedly been changed to the lesser charge of breaking the United Nations Convention on the Law of the Sea in relation to innocent passage.
According to testimony cited in Nandeshwar’s bail applications, the Japanese-controlled Wakashio sailed within five nautical miles (9.3 km) of the coast on the evening of 25 July 2020. It grounded while being navigated by the second officer and with the chief officer as officer on watch.
The diversion from the original voyage plan, to keep 30 nautical miles from the island, was made to secure a mobile phone connection. A birthday party had been held on the ship two hours earlier.
Nandeshwar reportedly told an inquiry into the accident: “There was no internet on the ship and I agreed to dock in Mauritius so that the crew members could communicate with their relatives, as it helps keep the morale of the crew high.”
Complacency blamed
The vessel’s owner, Nagashiki Shipping — which was Nandeshwar’s employer at the time — and charterer Mitsui OSK Lines have issued statements in effect blaming navigational failures for the accident.
MOL said the crew had attempted the change in direction by using a chart that did not have sufficient scale to confirm distance from the coast and water depth. The crew had also neglected to carry out adequate watchkeeping, the company added.
“They may have taken unsafe behaviours due to overconfidence that stems from complacency,” MOL said.
Similar statements have been made by Nagashiki Shipping.
The crew had reportedly made similar movements in the past.
However, there is no mention of mitigating circumstances for the action taken by the men to secure a mobile connection.
There appears to have been limited connectivity for the crew, at a time when many owners were increasing wifi access during the Covid-19 pandemic that would keep seafarers at sea and away from their families for extended periods.
In safety reforms outlined since the accident, MOL said it is encouraging owners to improve onboard connectivity for crew. Nagashiki Shipping also said it plans to improve high-speed connectivity.
