Goodbye Almanara ‘Good Buy’
The Almanara Ship story came to a sad and abrupt end this week when the vessel was sold to a group of Seychellois investors for the meager sum of US $330,000.
The vessel has been valued at US $600,000 by Mr. Ignet Basset and the Judicial Sale was fixed for the 30th October 2006 at 9.00am. The Sale was conducted by the Harbour Master but apparently did not attract any bid above the US $330,000 offer made by the Seychellois Investors.
The Harbour Master then made an application to the Supreme Court under the Admiralty Jurisdiction to sell the vessel below its market value. The Court acceded to the motion last week and
the vessel was duly sold. In the meantime the fate of Captain Deea Abed Nashi in Syria is unclear. At the time of going to Press, Captain Deea Nashi was apparently languishing in Syria with his wife and children after being deported from Seychelles. When contacted Captain Nashi informed the paper that he is in dire strait and that he is likely to be evicted from his rented accommodation as he has been unable to pay his rent for lack of funds for several months now. His minor children are known to be sick and unable to receive medical treatment because he cannot afford the medical bills. Although the ship has been sold the crew is yet to receive their compensation as the Court has ordered the proceeds of sale to be deposited with the Courts. The Seychelles Port Authority and the crew, who are the only two creditors, will have to make an additional application for the Court to decide on priority of claims before the money is disbursed. It is believed that the crew will be paid first from the proceeds of sale as the law provides that in the event of a judicial Sale of a ship, salary of the crew takes priority over all other creditors.
The identity of the Seychellois Investors who have purchased the vessel is not clear as they have expressed a wish to remain anonymous. However, we expect the Seychelles Port Authority to make official announcement soon after all legal procedures have been exhausted.
Although Captain Deea Nashi begged the Immigration Authority to allow him and his family to remain in Seychelles until such time that the case is completed and his salary paid to him, the Principal Secretary of the Ministry of Internal Affairs, Mrs Marie-Ange Hoareau refused. The Captain had apparently provided proof upon request by the Immigration that he is able to support himself and his family whilst in Seychelles through payment of a Rs 25,000.00 advance provided by his attorney.
The Captain also received humanitarian aid from a Seychellois businessman who made available a house and all other facilities during his stay in Seychelles.
The Captain who originated from war torn Iraq intended to use his compensation money to go to Canada to his brother from Seychelles. His heartfelt appeal though fell on deaf ears and he was ordered to leave the country in tears and penniless to seek refuge in Syria as the owners of the vessel, also Iraqis, had threatened to kill him if he returns to Iraq.
It seems that the authorities here had been more concerned about acquiring the vessel rather than the welfare of the captain and his family. The case was controversial in that the President decided not to personally hear the appeal of the Captain against the decision of the Principal Secretary as is required by law but chose to refer the appeal back to the Principal Secretary who had made the initial order of deportation. As to be expected, the Principal Secretary promptly refused the Captain’s appeal and insisted that the Captain and his family have to leave Seychelles immediately. The procedure adopted in the case may be in contravention of the Constitution as the Principal Secretary in effect sat on appeal on her own prior decision. This was improper in all the circumstances of the case, to say the least, as it creates a perception that justice was not done.
