Ship captain, local agency directors indicted; travel ban imposed
Eighteen months after the worst maritime disaster in Sri Lanka’s history, the Attorney General on Friday indicted eight accused over the environmental pollution caused by the fire and subsequent sinking of the stricken container vessel X-Press Pearl.
Five accused were present in court when the indictments were served at the Colombo High Court before Judge Damith Thotawatta.
Sea Consortium Lanka (Pvt.) Ltd., the company which acted as the ship’s local agent, has been named as the second accused in the case. Those who were present in court when indictments were served were the vessel’s Russian Captain Vitaly Tyutkalo (first accused) and Sea Consortium Lanka directors Arjuna Hettiarachchi, Aminda Hettiarachchi, Panduka Weerasekara, and Sanjeewa Lakpriya Samaranayake.
They were released on two personal bails of Rs. 1 million each. The court also imposed an overseas travel ban on them.
The judge ordered the accused to strictly adhere to their bail conditions and report to the CID on the last Sunday of every month. He also ordered that the passports of the accused be confiscated and said they should obtain the court’s permission if they wished to travel abroad.
The court, however, granted a request made on behalf of the third accused, Arjuna Hettiarachchi through his attorney Anura Meddegoda PC, to travel overseas from December 3 to 11 for medical treatment.
Nipuna Wimalasekara PC, who appeared for X-Press’s Pearl’s Captain Vitaly Tyutkalo said his client was not a citizen of Sri Lanka, but had been forced to remain in the country for more than a year now and urged the court to take this into consideration.
Sarath Jayamanne PC informed court that he represents Sea Consortium Lanka (Pvt.) Ltd.
Asoka Weerasooriya, who appeared for the eighth accused, Sanjeewa Lakpriya Samaranayake, noted that his client’s laptop, which had been confiscated by the CID, had been damaged and queried about the progress into the complaint made in this regard. Deputy Solicitor General Madhawa Thennakoon said an inquiry had been launched into the incident on the instructions of the Inspector General of Police and said he would brief the court about its progress at a later date.
The indictments were filed under the Marine Pollution Prevention Act No. 35 of 2008. The AG’s Department said that 45 types of waste had been identified as having leaked into the environment from the vessel and have attached a list of these items to the case file.
The prosecution said it intends to produce 28 court products during the course of the trial. Additionally, 65 witnesses are to take the stand.
The prosecution told the court it intends to produce computer data and digital discs at the trial. The defence requested copies of such data and discs.
The case will be called again on December 12.