News • 09 FEBRUARY 2003

Families of Umm El Faroud tragedy victims expect timely compensation

Eight years after the tragic accident that claimed the lives of nine Drydocks workers, RAY ABDILLA takes a closer look at compensation prospects

The Malta Drydocks is adopting delaying tactics to prevent families of the victims of the Umm EL Faroud explosion tragedy from receiving timely compensation a lawyer to some of the families told MaltaToday.

The ship was being repaired at the Docks eight years ago when an explosion on board killed nine dockworkers.

Families of the victims have still not been compensated for their loss.

MaltaToday spoke to Dr Aaron Mifsud Bonnici, one of the lawyers representing some of the victims. Mifsud Bonnici believes the Malta Drydocks is playing for time and denying the families right to justice.

The Malta Drydocks, on its part, has claimed the court cases are taking their normal judicial course. Council Secretary Vince Laiviera told MaltaToday: "Plaintiff started judicial proceedings in mid 2000. The cases are complex and involve not just the quantification of compensation due to the victims, but also the question of responsibility, involving the ship owner.

He explained: "The fact that the plaintiff chose to take action also against a number of MDD employees, personally, and past and present directors, personally, increased the complexity if the issues involved.

"Nobody expects the Malta Drydocks – which is responsible to government and, ultimately to the taxpayer – not to pursue the matter properly."

Laivera added "Malta Drydocks extended full co-operation so that thousands of Maltese Liri could be paid on account to the victims, or their families, under its insurance policies.

Mifsud Bonnici told MaltaToday that the payment was relatively small and surely not enough to keep the families satisfied.

The last time there was a court hearing was on the 21 January of this year and a number of witnesses were called in by the families of the victims.

The witnesses included gas experts which had testified in the inquiry conducted by then Magistrate Noel Cuschieri. That enquiry had decided the ‘yard was mainly responsible for the explosion.

Dr Mifsud Bonnici said the Dockyard’s lawyer, Dr Paul Lia objected to the witnesses on the grounds that they already had their say in the government investigations on the Umm El Faroud explosion. The Court has to decide whether the experts will be eligible to testify on 6 March, 2003.

"It is already eight years since the Umm El Faroud explosion and it’s unfair on the victims families. There are people who lost their relatives at a very young age. Rita Seguna for example lost her husband and has been taking care of a disabled girl since then.

The explosion is believed to have been caused by an accumulation of gas which ignited at about 10.30 p.m devastating the mid and bow sections of the vessel.

It was among the worst accidents involving multiple victims, at the Drydocks. Nine workers aged between 22 and 58 died and many were left injured, two of them critically.

The nine victims were Carmelo Callus, 47, of Valletta, George Aquilina, 25, of Qormi, Simon Pisani, 22, of Msida, Simon Mifsud, 27, of Vittoriosa, Mario Hales, 40, of Mqabba, Angelo Sciberras, 52, of Zabbar, George Xuereb, 58, of Qormi, Paul Seguna, 37, of Zebbug, and Anthony Vassallo, 30, of Dingli.

Seven were killed instantly and two - Mr Xuereb and Mr Seguna - died at St Luke’s Hospital. Mr Mallia and Toni Bonnici, 41, of Msida, were critically injured.

The inquiry following the tragedy found that four ‘yard employees could be asked to answer to charges of manslaughter and involuntary bodily harm. It was established that employees were trained in a fallacious and inadequate manner and the inquiry termed this an extenuating circumstance in any eventual criminal responsibility. The Libyan owner General National Maritime Transport was found minimally responsible.

Dr Aaron Mifsud Bonnici told MaltaToday that even GNMTC lawyer Dr Anne Fenech had agreed the experts should give witness in the case because their evidence is relevant to the court proceedings. The lawyers of the dockyard victims have indicated they were not happy with the fact that the government and the yard had decided to sink the Umm El Faroud when the court hearing was still on going.

Drydocks Council Secretary Laiviera on his part said: "the sinking of the Umm El Faroud took place after consultation with all concerned, including the Malta Port Authority, after the release of the vessel by the Court of Inquiry.

"The sinking of the vessel was announced months before it actually took place and no objection was ever raised from any quarter."

Relatives of nine people killed on a ship had protested outside the yard several years ago. Malta Drydocks had offered Lm275,000 in compensation to the families of victims.

The protest followed a meeting between the relatives and the yard, when the two sides could not agree on the deal. The families claim the compensation should not be related to any damages awarded by the court. Around 1,000 employees at the yard had demonstrated in support of the families.

The Umm El Faroud, a 109m former Libyan tanker, now lies at a depth of 35m off the south-west coast of Malta, close to the Blue Grotto.

ray@maltamag.com