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Industry association blasts Spanish courts for injustice to oil spill captain

DEEP disappointment has been expressed over the conviction of the 589-dwt tanker Prestige's master for "serious disobedience", despite his acquittal on charges of criminal damage to the environment after his ship sank, spilling 50,000 tonnes of oil off the Spanish coast in 2002.

"We are deeply disappointed that Capt [Apostolos] Mangouras was convicted as criminally responsible for disobedience during the incident and that he has been sentenced to nine months in prison," said the industry association, Intertanko.

The sentence is unlikely to be served because he already spent two years in jail awaiting trial until the vessel's P&I Club put up EUR3 million (US$4.4 million) as bail.

Intertanko said conviction and sentencing "inexcusable and fundamentally wrong", setting a precedent for the treatment as criminals of ships' masters who try to do their best for seafarers, ship and environment when under extreme adverse circumstances.

"His actions have been described as 'exemplary' by the vessel's flag state [Liberia], and yet he has been outrageously treated as a criminal," said the group statement.

"Confronted with refusal by the Spanish authorities to give the damaged ship refuge, Capt Mangouras had done everything possible to protect crew, ship and cargo and to protect the environment by minimising pollution - including remaining on board with [chief engineer Nikolaos] Argyropoulos after the crew had been evacuated to try and save the ship," said Intertanko.

Also acquitted was Jose Luis Lopez Sors Gonzalez, the former head of Spain's merchant marine department, which means that the Spanish state will not be held responsible for the disaster, reported London's Tanker Operator.

The courts were unable to find anyone guilty of directly causing the tragedy in November 2002 when the laden tanker Prestige broke up and sank.

"However, against his judgment he was forced by the Spanish authorities to take a series of actions that resulted in the damaged tanker being taken out to sea in appalling conditions," said the Intertanko statement.

The Prestige sank off Spain's northwestern coast and polluted thousands of miles of coastline and beaches in Spain, France and Portugal - prompting Spain to close its fishing grounds for six months. The single-hull tanker was transporting 77,000 tonnes of heavy fuel oil.

Capt Mangouras asked to land his vessel which had a crack in its hull, but Spanish authorities refused and told him to go out to sea. France and Portugal also denied access.