Court rules in Al Manara case |23 August 2006

Judge Perera said that after hearing the evidence of the ship’s captain, Deea Abed Nashi, and considering the various contract documents, he had awarded a total sum of  US $107,600 to the captain and 17 crew members, and directed that that amount be recovered by appraisement of the value of the ship and sale.

Likewise, the judge said that after listening to towage and other claims by the Seychelles harbour master, and considering the invoices and other documents produced by him, had settled the claim in a total sum of US $180,858.92. 

The vessel Al Manara was towed to Port Victoria on February 11, 2006 upon a request for towage services made by its captain, Deea Abed Nashi.  It is now anchored in the outer harbour since then. The Seychelles Ports Authority, who towed the vessel after it had drifted close to Amirantes, filed a claim under Admiralty Law claiming US $76,2000 as towage charges.

They also claimed port dues amounting to US $14,246.69, hire of motor boats US $38,515.15, supply of gas oil US $47,373.11, supply of food US $3,699.26, supply of spares US $232.36, hire of vehicles US $141.51, medical expenses US $409.97, overtime work done by officers US $40.87, all amounting to US $180,858.92.

In a parallel case, the captain and 17 members of the crew claimed wages from September 2005 amounting to US $129,880,  but were awarded a total sum of US $107,600 by the Court.

The vessel was arrested in terms of Admiralty Law and notice of the claims were posted on the mast of the ship and its wheelhouse as required by that law.  Copies were also served on the captain of the ship who could inform the owners regarding the claim.  As the owners failed to file an acknowledgement of service or file a defence, the Seychelles Ports Authority and the captain and crew applied to the court to enter judgments by default.

One Sahed T. Bahar of Al Mutahem Shipping (L.L.C.) of  Dubai  claiming to be the owner of the ship, appeared before the Supreme Court on July 4, 2006 with a lawyer and asked for time to contest the claims.  Later he changed his lawyer and retained another, who withdrew as no instructions had been given to her by Mr Bahar.  The court gave him two more occasions to show cause why the order fixing the case for judgment in default of appearance should be set aside, but on the dates fixed he sent fax messages informing the court that he was unable to come.

Thereupon, Justice Perera allowed the applications for entering default judgment as the owner was not taking any meaningful steps to contest the case.

At the hearing of the wages claim, Captain Nashi testified that the ship left  Port Brava in Somalia laden with a cargo of 95,964 bags of charcoal destined to a port in the United Arab Emirates (UAE).  As the fuel and provisions were inadequate to complete the journey, he requested the owner, Mr Bahar, to make arrangements for some, but was asked to proceed to Port El Ma’an, also in Somalia, where he was told that a tanker would provide fuel.  However when the ship arrived there, there was no such tanker.  He then purchased 40 tons of fuel, which was still inadequate for the journey.

The court heard that the owner engaged two Somali gunmen at that port to accompany the crew.  The gunmen allegedly threatened to kill the captain if he did not proceed to UAE, along the Somalia Coast.  Due to the presence of pirates in that area, the court heard, the captain decided to enter the Indian Ocean.   However, the engine failed 27 times and finally stalled with no spares on board.  Captain Nashi contacted a US naval vessel in the area and got food and fresh water.

The two gunmen were arrested by the US crew and locked up in  a cabin.
Later the ship was drifted by the current towards Amirantes. Captain Nashi then contacted the Seychelles Port Authority for towage services.  After arriving in Seychelles, 10 crew members who were Indian nationals were repatriated by the Indian High Commission in April 2006.  Further, five other crew members who were of Burmese, Sudanese and Ethiopian nationalities were also repatriated by Apostolat de La Mer in May 2006.  Hence the ship presently has only the captain, the chief engineer, electrical engineer and the boatswain.

In an earlier order, the judge allowed the owners of the cargo to remove the entire shipment for transshipment on payment of any dues payable to the Seychelles Ports Authority.

Senior State Counsel Fiona Laporte appeared for the Seychelles Ports Authority, while Mr Frank Elizabeth appeared for the captain and crew during the hearings.