Finnish Court Dismisses Case Against Crew in Baltic Sea Cable Breach Trial
A Finnish district court ruled on Friday that it does not have jurisdiction to prosecute the captain and two officers of the Eagle S oil tanker, who are accused of breaking undersea power and internet cables in the Baltic Sea last year.
The trial was among the first judicial attempts to punish suspected perpetrators for damaging critical underwater infrastructure. The three crew members denied the charges, with the defendants stating at trial that the vessel’s anchor had dropped unnoticed due to technical faults in the winch that was supposed to hold it in place. They also rejected the cable owners’ claims for tens of millions of euros in damages.
International Maritime Law Complicates Prosecution
The court’s decision is complicated by provisions of international maritime law and the difficulty of proving criminal intent. Under the United Nations Convention on the Law of the Sea, the power to prosecute any crime rests with the ship’s flag state or the defendants’ native countries. The Eagle S operated under a Cook Islands flag.
Charges Based on Allegations of Gross Negligence
Finland charged the Georgian captain, as well as the Georgian first officer and the Indian second officer, with aggravated criminal mischief and aggravated interference with telecommunications. The charges rested on allegations of gross negligence on the part of the crew regarding the poor condition of the vessel’s anchor winch, rather than firm evidence that the anchor was intentionally dropped to cause damage.
Technical Faults Blamed for Anchor Drop
The defendants stated at trial that the vessel’s anchor had dropped unnoticed due to technical faults in the winch that was supposed to hold it in place. The prosecutor had asked the court to sentence the defendants to prison for a minimum of two-and-a-half years each, but the court lifted the defendants’ travel bans at the end of the trial in September and they have since left Finland.
No Charges Brought Against Ship’s Owner
No charges were brought against the ship’s owner, and the vessel was released from Finnish custody in March. The ruling remains subject to appeal.
Original Article: Finnish Court Dismisses Case Against Crew in Baltic Sea Cable Breach Trial — Insurancejournal