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Detained freighter released months after collision

The "Amber L" which had been involved in the collision with the fishing vessel "Carmel Matha" 14 miles off Kochi on June 11, 2017, and detained at the Kochi port was released on Jan 8, 2018, by the Mercantile Marine Department (MMD). Two persons were killed and one went missing in the accident. The Department has allowed the ship to leave the port of Kochi, subject to clarification from the Kerala High Court that the order of release would not impede any lawful direction passed by any other authorities, including the police, in any investigation pending in respect of the accident. The vessel had been detained following a High Court directive that came on a petition filed by surviving fishermen and the legal heirs of those killed in the collision seeking compensation. According to a release of the Mercantile Marine Department, the Kerala High Court had clarified that pendency of any action before court “ipso facto will not prevent the release of the ship, unless there are any prohibitory orders in force in such actions”. The release added that the Assistant Solicitor General had given legal opinion to the Department that there was no order in force as on date of the High Court order (December 29) from prohibiting the release of the ship. The MMD also pointed out that relevant documents and records of the ship had been taken into safe custody by the Department on a directive of the High Court and handed over to the investigating officer of the Kerala State Coastal Police. The Preliminary Inquiry Officers (PIOs) appointed by the Director General of Shipping had confirmed the satisfactory completion of the inquiry under Section 359 of the Merchant Shipping Act,1958, into the collision in accordance with the Marine Casualty Investigation Code promulgated by the International Maritime Organization.

Amber L detained in Indian waters

The Kerala High Court directed the detention of the "Amber L" on July 17.. It had on June 15 collided with an Indian boat killing two fishermen. The court directed the master of the vessel to keep the ship in Indian territorial waters. Justice P. B. Suresh Kumar also directed the central government to ensure that the vessel remained anchored in Indian territorial waters. The order was issued on a petition filed by the victims of the accident. Earlier, the coastal police had arrested the captain and two crew members of the merchant ship. The Mercantile Marine Department (MMD), Kochi, which conducted an inquiry into the collision that took place off the coast here, had ordered the detention of the ship at Kochi until further orders. In its initial report submitted to the Directorate General of Shipping on June 15, MMD had said that based on digital and physical evidence, it prima facie concluded that the "Amber L" was the merchant ship involved in the collision with the Indian fishing boat "Carmel Matha" on June 11 at 02.23 a.m. off the Kerala coast". Two fishermen were killed and 11 others injured. They were rescued by other such vessels in the vicinity and two bodies were recovered. One fisherman, Motidas from Assam, was missing.

Crew of Amber L was aware of collision

A police probe into the collision between the "Maber L" and the fishing boat "Carmel Matha" on June 11, about 14 nautical miles off the Kochi coast has confirmed the episode as a hit-and-run case. The interrogation of the ship’s crew revealed that they were aware of the collision with a fishing vessel but decided not to stop. It was revealed during the interrogation of the vessel’s captain Georgiannakis Ioannis, second officer Galanos Athanasios, and Zewana, a seaman, who have been under police custody since July 4. The ship was proceeding towards Kochi for bunkering operations when the collision took place. They, however, had no idea about the events that unfolded afterwards, including the death of the fishermen. The police custody of the accused ended on July 6 at noon when they will be presented before the Thoppumpady Magistrate Court. Meanwhile, the Ernakulam Principal Sessions Court will hear the bail plea of the accused on July 7. Two persons were killed in the accident, and one went missing.