The master of an arrested tanker has warned that his distressed ship is in danger of grounding in heavy weather, after it ran out of bunkers and began dragging its anchor off Hazira in the Indian state of Gujarat.
But instead of fuel, Captain Asad bin Sayeed has received legal threats from cargo owner Oleo Energy. The charterer is seeking to compel the 11,479-dwt Sol (built 2007) to discharge its cargo to shore tanks or its captain and crew will be jailed for contempt of court.
Now, after the dispute was reported by TradeWinds with defiant stands taken by the master with union backing, Oleo is threatening International Transport Workers’ Federation (ITF) representative John Wood as well.
Despite orders of the Gujarat High Court to discharge the cargo, Wood counselled the master and crew to refuse any commercial operations until they are paid over two months of back wages.
The Saint James Shipping-owned Sol and three other small chemical or product tankers are at the centre of a stalemated dispute among the shipowner, Oleo, financier EnTrust Global, suppliers, former protection and indemnity insurer American Club and the crew.
After running out of food last week, the crew finally received provisions on Tuesday but not water nor fuel, and remains short more than two months-worth of wages. Crew members are collecting rainwater for drinking.
The ship subsequently ran entirely out of marine gasoil and labour union officials said it has no means of coming to shore or heating its cargo for discharge.
The captain told Indian authorities in a message on Friday that his ship is unable to manoeuvre and casualties could result, possibly with pollution.
“If the anchor-dragging continues, then please do not hold the vessel or its master responsible for any worst situation which might arise,” Asad wrote.
“[Unfortunately] the vessel has been abandoned by the owners as our repeated calls for our basic amenities have not been answered by the owners. The vessel after the failure of all options called ITF to intervene, as I myself being a Pakistani cannot go ashore to file a legal suit in defence of the case filed against the vessel.”
Still, cargo owner Oleo is standing on its rights.
“[In] the event the master of the vessel continues to defy and obstruct the orders …, then we have our client’s instructions to move an application before the honorable court for arrest of the master [and] crew by Indian Coast Guard…and to seek assistance of the English courts in arrest of Mr Wood,” wrote lawyers for the company in a message on Thursday.
Wood responded: “Perhaps you could get an order from the court compelling the crew to paddle the vessel in. [Taking] action to imprison an unpaid, unfed, and abandoned crew is totally despicable.”
London and Athens-based shipowner Sam Tariverdi of Saint James Shipping and officials of New York-based American Club — the four ships’ former insurer — told TradeWinds they believe mortgage holder EnTrust Global had agreed to fund the fuel.
But in a 9 July message to authorities, port agents and several parties, the lawyer for the lender wrote that EnTrust Global would fund the provisioning through the court only on the condition that their expenses be considered “sheriff’s expenses”, to be paid back from the proceeds of an auction sale.
‘Attempt to wash their hands’
The Entrust Global lawyer, Bose & Mitra managing partner Amitava Majumdar, claimed that Saint James Shipping had untruthfully told the court they were under American Club cover when in fact cover had been withdrawn.
“The owners then sought to try and state that such insurance was to be taken by our clients [EnTrust], which again was not true as our clients cannot take out the insurances which are required by the owners to take in terms with the law. The owners are clearly misrepresenting facts in a desperate attempt to wash off their hands from their liabilities,” wrote Majumdar.
Club officials reiterated a previous statement that they will fulfil their responsibilities under the Maritime Labour Convention, but they underscore that the ship is now without P&I cover and local authorities will pay the cost of any pollution clean-up or wreck removal if it comes to that.
An official of EnTrust Global did not respond to a request for comment.
