MSC SURABAYA VIII

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Case against captain discontinued

The case against the captain of the 'Maersk Surabaya', actually sailing as 'MSC Surabaya III', for allegedly dragging anchor through Vocus’ Australia-Singapore Cable in Aug 2021, has been discontinued. The ship was allegedly anchored adjacent to the Perth protection zone for submarine cables when high winds caused it to drift through the zone, damaging the Vocus cable in about 20 meters of water depth. The total damage bill came to about $1.5 million, though a nearby cable repair ship meant that the cable was repaired faster than usual. The CDPP [Commonwealth Director of Public Prosecutions] discontinued the prosecution after having applied the Prosecution Policy of the Commonwealth. The policy underpins all of the decisions made by the CDPP throughout the prosecution process and promotes consistency in decision making. It was not immediately clear when the case was discontinued, however it was still active earlier in 2023. The decision to pursue any charges resulting from the incident was entirely a matter for the relevant authorities. Vocus is strongly pursuing the recovery of costs incurred as a result of the cut.

Police charged Master for damaging cable

The Australian Federal Police has charged the Master of the 'Maersk Surabaya' which allegedly damaged the Australia Singapore Cable (ASC). The police claimed that the 'Maersk Surabaya' was behind the submarine cable break on Aug 1, 2021, which caused about AU$1.5 million (US$1.1m) in damages. The Captain has been arrested for allegedly engaging in negligent conduct as the Master of a maritime vessel, and was thought to be the first time someone has been charged under Section 37 of Schedule 3A of the Telecommunications Act 1997. He faces up to three years in prison and an AU$40,000 ($29m) fine. Vocus turned to SubCom to repair the cable, with the m/v 'CS Reliance' being deployed after four days. Another four days later, it had spliced the south end of the break and laid a new cable to the north. But bad weather forced the ship to anchor and wait out the storm, before finally fixing the cable on Aug 13. The 4,600-kilometre ASC connects Australia to Christmas Island, Jakarta, and Singapore. While the break caused some increased latency, the company was able to re-route traffic, so that there were no major outages.

Master charged for dragging anchor through protected zone

The master of the 'Maersk Surabaya' has been charged after his vessel allegedly dragged anchor through a protected zone and damaged a subsea communications cable off the West Australian coast. A section of the Australia Singapore Cable in the Perth Submarine Cable Protection Zone, approximately 10 kilometers offshore from City Beach, was disabled early on Aug 1, 2021, and allegations that a passing vessel had damaged the cable were reported to the Australian Federal Police (AFP) on Aug 3. The 'Maersk Surabaya' had been anchored approximately 500 meters from the protection zone, and the ship allegedly dragged its anchor through the area in high winds, snagging the 20-meter-deep cable and causing approximately $1.5 million damage. The master was arrested following an investigation by AFP officers in Western Australia and Victoria, and the 59-year-old man was charged on Aug 11 after AFP investigators searched the vessel and seized its logs when it docked in Melbourne. He appeared by video-link in Melbourne Magistrates Court on Aug 11 for "engaging in negligent conduct as the master of a maritime vessel, which resulted in damage to the Australian Singapore Cable, contrary to section 37 of schedule 3A of the Telecommunications Act 1997 (Cth)", the AFP said. If convicted, the mariner is facing a potential maximum penalty of up to three years in prison and a $40,000 fine, the agency added. The captain was granted bail with strict conditions and is currently in COVID-19 hotel quarantine. "The protection zone is clearly marked on maritime charts and all vessel masters should ensure vessels operate in a manner which does not interfere with critical communications infrastructure," said AFP detective superintendent Graeme Marshall.