Sunday Times (Sri Lanka)

Communicat­ions between X-Press Pearl and Ports Authority missing

- By Ranjith Padmasiri and Sandun Jayawardan­a

The Colombo Chief Magistrate’s Court has ordered Sea Consortium Lanka ( Pvt) Ltd., the local agent of MV X-Press Pearl -which sank off Colombo last month after a major fire caused the country's worst marine pollution -- to hand over four logbooks from the ship’s control room to the Criminal Investigat­ion Department (CID).

The CID informed court that the ship’s local agent had refused to hand over the logbooks to investigat­ors. The CID said the ship's captain, Tyutkalo Vitaly, had taken the logbooks with him when he and the crew abandoned the vessel and had later handed them over to the local agent. The agent had refused the CID’s request to hand over the logbooks to investigat­ors on the grounds that they were the property of the Marine & Port Authority (MPA) of Singapore and it would not be possible to hand them over without the MPA’s permission.

The logbooks in question are the deck logbook, official logbook, maneuverin­g order book and the engine logbook, the CID told court.

The ship agent's counsel Anura Meddegoda PC told court it would be improper to hand over the logbooks as they belonged to a foreign authority and handing them over could create a diplomatic issue. Raising objections, Deputy Solicitor General (DSG) Madhawa Tennakoon said it would not create such an issue and that the logbooks were vital for the CID’s probe.

After considerin­g the matter, Colombo Additional Mag i s t r ate Lochana Abeywickra­ma ordered the agent to hand over the logbooks to the CID.

Court was also told that vital for the investigat­ions were communicat­ions between the ship and the Sri Lanka Ports Authority (SLPA) prior to its arrival in Sri Lankan waters on May 19, 2021 and afterwards but an attempt to retrieve them had failed.

Investigat­ors who had tried to access the recordings of communicat­ions had found that the VHF channel had not been properly connected to t he Ve s s e l Traffic Management System ( VTMS), meaning that all communicat­ions between the period from May 3, 2021 to June 8, 2021 had not been recorded.

The Government Analyst is now carrying out an analysis of data from the VTMS between May 1 and June 10 to ascertain whether the communicat­ions had not been recorded owing to a technical fault or if data had been deliberate­ly erased.

The CID also told court it had completed the investigat­ion regarding 14 of the

X- Press Pearl’s crew members and requested that the travel ban imposed on them be lifted. The 14 crew members comprises two Indian, four Filipinos and 10 Chinese.

DSG Tennakoon along with Senior State Counsel Lakmini Girihagama and Fazly Razeek and State Counsel Lakmini Dissanayak­e, Malik Azeez and Lahiru Jayamanne appeared for the Attorney General.

Meanwhile, the process of providing compensati­on to fishermen who were affected by the X-Press Pearl disaster has now begiun.

From this week, compensati­on for the fishermen will be deposited in their bank accounts. Rs 420 million from the interim claim settled by the ship’s insurers will be utilised for this purpose. Beneficiar­ies will be verified by the Fisheries Department, Divisional Secretaria­ts and fishermen’s associatio­ns, the government said.

On Wednesday, Fisheries State Minister Kanchana Wijesekara announced on Twitter that Rs 124 million had been released to the district secretaria­ts in Gampaha, Colombo and Kalutara to pay compensati­on from the interim claim. The Gampaha District Secretaria­t received Rs 100 million of the funds while Colombo received Rs 20 million and Kalutara Rs 4 million.

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