The Selendang Ayu prosecution
Today’s commercial mariners work in a world where errors in
judgment or poor seamanship have the potential to result in
criminal prosecution. Look at the environmental sector… marine
pollution violations that might have been handled under a legal
theory of negligence in the past now subject the offenders to
criminal prosecutions. This is apparent from the string of
prosecutions of cruise ship engineers who used so-called “magic
pipes” to by-pass ship’s oily water separators and pumped oily
waste water directly overboard. This issue is covered in the
“Tugboat News” section of this site.
Would you think that a criminal prosecution could be ultimately tied
to failure to maintain a ship’s main propulsion engine. You might
think, “No, that wouldn’t be the case because the act of by-passing
the oily water separator is an intentional criminal act, and failure to
maintain an engine is not done intentionally. It is a wrongful act, but
criminal law wouldn’t apply there.” Most people would probably think
along those lines. However, when the cargo vessel Selendang Ayu
lost power and foundered in the Bering Sea in December 2004, a
fundamental element of the Attorney General’s prosecution was that
the owner’s of the Selendang Ayu failed to properly maintain the
main diesel engine, and that’s why the head cracked in no. 3
cylinder.
The Selendang Ayu’s owners pled guilty to violations of the Refuse
Act and the Migratory Bird Treaty Act in the U.S. government’s case
against them. The Selendang Ayu sailed from Seattle, Washington
on November 28, 2004, bound for Xiamen, China. She was loaded
with over 60,000 tons of soy beans. Shortly into her voyage, she
encountered sea conditions between Beaufort 7 (near gale) and
Beaufort 11 (violent storm). In the Bering Sea, she sustained a
crack in no. 3 cylinder of the main engine. Losing power, the
Selendang Ayu ran aground off Unalaska Island. As a result, the
ship released its cargo of soy beans as well as 340,000 gallons of
bunker fuel. The U.S. Attorney argued that the cylinder crack was
caused by thermal loading, which in turn was caused by a failure to
properly clean and seal the cylinders. Another issue argued by the
U.S. Attorney as causing the failure of the ship’s plant was improper
adjustment of the injection timing. Unfortunately, weather was not
on the ship’s side when the engine problems arose. The severe
weather served to further stress the crippled engine.
Since the efforts were in vain, they were ordered off the ship. Six
crew members of the Selendang Ayu were killed when an extremely
large wave rose up, struck the bow of the ship and engulfed the
Coast Guard rescue helicopter. The helicopter fell to the sea.
Although the three Coast Guard crew were recovered, rescue efforts
by another helicopter retrieved only one of the seven Selendang Ayu
crewmembers aboard.
Copyright 2006 - Copyright Warning
Rights reserved - U.S. Copyright Law Carries Criminal & Civil
Penalties for Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319
Today’s commercial mariners work in a world where errors in
judgment or poor seamanship have the potential to result in
criminal prosecution. Look at the environmental sector… marine
pollution violations that might have been handled under a legal
theory of negligence in the past now subject the offenders to
criminal prosecutions. This is apparent from the string of
prosecutions of cruise ship engineers who used so-called “magic
pipes” to by-pass ship’s oily water separators and pumped oily
waste water directly overboard. This issue is covered in the
“Tugboat News” section of this site.
Would you think that a criminal prosecution could be ultimately tied
to failure to maintain a ship’s main propulsion engine. You might
think, “No, that wouldn’t be the case because the act of by-passing
the oily water separator is an intentional criminal act, and failure to
maintain an engine is not done intentionally. It is a wrongful act, but
criminal law wouldn’t apply there.” Most people would probably think
along those lines. However, when the cargo vessel Selendang Ayu
lost power and foundered in the Bering Sea in December 2004, a
fundamental element of the Attorney General’s prosecution was that
the owner’s of the Selendang Ayu failed to properly maintain the
main diesel engine, and that’s why the head cracked in no. 3
cylinder.
The Selendang Ayu’s owners pled guilty to violations of the Refuse
Act and the Migratory Bird Treaty Act in the U.S. government’s case
against them. The Selendang Ayu sailed from Seattle, Washington
on November 28, 2004, bound for Xiamen, China. She was loaded
with over 60,000 tons of soy beans. Shortly into her voyage, she
encountered sea conditions between Beaufort 7 (near gale) and
Beaufort 11 (violent storm). In the Bering Sea, she sustained a
crack in no. 3 cylinder of the main engine. Losing power, the
Selendang Ayu ran aground off Unalaska Island. As a result, the
ship released its cargo of soy beans as well as 340,000 gallons of
bunker fuel. The U.S. Attorney argued that the cylinder crack was
caused by thermal loading, which in turn was caused by a failure to
properly clean and seal the cylinders. Another issue argued by the
U.S. Attorney as causing the failure of the ship’s plant was improper
adjustment of the injection timing. Unfortunately, weather was not
on the ship’s side when the engine problems arose. The severe
weather served to further stress the crippled engine.
Since the efforts were in vain, they were ordered off the ship. Six
crew members of the Selendang Ayu were killed when an extremely
large wave rose up, struck the bow of the ship and engulfed the
Coast Guard rescue helicopter. The helicopter fell to the sea.
Although the three Coast Guard crew were recovered, rescue efforts
by another helicopter retrieved only one of the seven Selendang Ayu
crewmembers aboard.
Copyright 2006 - Copyright Warning
Rights reserved - U.S. Copyright Law Carries Criminal & Civil
Penalties for Infringement - 17 U.S.C. § 506 and 18 U.S.C. § 2319
| the Selendang Ayu prosecution |
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In addition to being an
environmental disaster and well-
known criminal prosecution, the
story had a tragic side as well.
The ship’s engine room staff
worked valiantly in difficult
conditions in trying to restore
propulsion power.
environmental disaster and well-
known criminal prosecution, the
story had a tragic side as well.
The ship’s engine room staff
worked valiantly in difficult
conditions in trying to restore
propulsion power.
Source: NSTB
| Back to Criminalization of the Mariner's Conduct. , the page that discusses how the conduct of the commercial mariner has fallen under criminal law. |