Gozo Channel cleared of operating unseaworthy vessel

Court says that a delay in the annual inspection of safety equipment does not constitute a danger to passengers

A magistrate has dismissed a criminal complaint filed by the captain of a Gozo Channel ferry, in which he had claimed that the company had operated an unseaworthy vessel.

Magistrate Neville Scerri was presiding over the criminal case initiated by the police on the complaint of Captain Mario Grech against senior engineering and maintenance manager Sammy Grech and operations manager George Borg. 

In the complaint, Capt. Grech reported that the MV Gaudos had gone to sea with the certification of one of its two Marine Escape Systems (MES) - an emergency escape chute – having expired. As a result, Sammy Grech and George Borg were charged with operating an unseaworthy vessel.

Capt. Grech explained how when he was preparing to embark the Gaudos on 30 April, 2012, he had noted that the MES certificate of one of the two systems had expired two days prior. As a precaution, the captain had allowed a lesser number of passengers on board.

It emerged that the date of expiry had coincided with the weekend and that the company that services the MES did not offer their service on weekends.

In addition, the court heard Captain Mark Chappelle, Senior Technical Manager at Transport Malta, testify that the fact that the MES certificate had expired only meant that the annual inspection had not yet been carried out. It did not mean that the system was unsafe, he said.

Both accused had told the police that the earliest possible date that the MES servicing could take place was the 30 April and that it had been carried out on that date.

The Magistrate held that it was clear from the evidence that the fact that the MES certificate had expired by two days did not mean that the vessel was not safe to operate. 

"In no way whatsoever did it result that the safety of passengers was in any way compromised when it continued to operate with an expired MES certificate.”  

The court recommended that the company amend its practises in such a way as to set a reminder to renew the MES certificate one week before the date of expiry.

Police Inspector Frank Tabone prosecuted.