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IN COURT THIS WEEK

M/V Almanara Case

SUPREME COURT HANDS OVER JUDGMENT

The Supreme Court presided over by Justice Runjan Perera has handed over its judgment in the Al Manara case. The case was brought by the 18 man crew of the vessel against its owner for payment of salaries due. The Court ordered the owner of the vessel to pay the crew over USD 100,000 for salaries due since August 2005.

The vessel M/V Almanara came to Seychelles after it experienced engine trouble in the Indian Ocean and was towed to Seychelles after it radioed for help. The Captain of the vessel, an Iraqi national, claimed that he was shot at by pirates who had boarded his vessel at EL Ma’an Port, Somalia.

The Captain testified that he took over the vessel on the 3rd of October 2005 in Somalia from another Captain after the owner contracted his services from Iraq. At the time he took over the vessel the ship was empty and was to be loaded at Bossasso Port in Somalia before heading to UAE. After being loaded with 95,000 bags of charcoal, the vessel was supplied with provisions by the agent of the owner in Somalia to go to UAE. However, the Captain claimed the provision was insufficient for the 22 day journey and he informed the owner that he needed more supplies. The Owner then instructed the Captain to go to the port of El Ma’an in Somalia where he would be given additional supplies for the journey. However, on arriving at El Ma’an the ship was given limited supplies which were not enough for the voyage. The Captain was then forced at gun point to start the journey with the limited supplies to UAE. He was advised to proceed close to the Somalia coast which he deemed extremely dangerous at the time. Instead he decided to go to Mombassa Port in Kenya which was close by. He radioed for help on the high seas and was duly assisted by an American navy ship. He was given some food and the pirates onboard were arrested and locked up. The Captain said that the engine broke down 26 times on the journey and he maneuvered the vessel towards the Amirantes group of Islands by using the current and the wind. He then radioed for help and he was assisted by the Authorities in Seychelles.

The Seychelles Port Authority has also brought a separate case against the owner of the vessel claiming towage fees, fuel, food and water cost as well as administrative fees. Their claim was for over USD 270,000. The Court on Monday awarded the Port Authority judgment on their claim as well in the sum of USD 180, 858.92.

Meanwhile the owner of the cargo had also sought and obtained the release of their cargo which was left on the ship. The cargo owner has also expressed an interest in purchasing the ship. The ship which will now be sold by auction in accordance with the Court order is likely to fetch around USD 400,000.

The Court has also ordered the proceeds of sale to be deposited in Court for the Court to decide on priority of claims. This will eventually bring to an end the saga of M/V Almanara which had an 18 man crew of different nationality including Indians, Iraqi, Ukrainian, Ethiopian, Sudanese and Burmese. Most of the crew has already been repatriated except for four who are now on the vessel.

The crew was represented in Court by lawyer, Frank Elizabeth. When contacted the lawyer simply stated that justice has been done and that the rest of the crew will now be sent home as well. He said he was doubtful whether the owner of the vessel would appeal against the judgment.