200622 Befriending stowaways
| A recent incident at Durban, South Africa, involving stowaways allegedly forced off a vessel in the harbour has received worldwide coverage. The facts are that seven stowaways hid onboard a vessel while she was at Mombasa and then made themselves known to the crew after the vessel had sailed from that port. The vessel was on route to Durban. The crew followed the IMO guidelines with regard to stowaways found on board a vessel. They were kept in confinement and given three meals per day; they were given clothes; they were allowed 30 minutes of exercise each day; they were given bathroom facilities. However, the master failed to notify the owners of their presence on the vessel. The crew then broke the cardinal rule in these cases in that they allowed the stowaways to befriend them. When the vessel arrived in Durban, the stowaways were not declared to the port authorities and the crew agreed to allow them to sneak off since the vessel was not heading towards what they would term a favourable destination. The crew listened to the stowaways rather than following the proper guidelines. In order to avoid detection by port security personnel on the quayside, the stowaways climbed off the vessel by way of a rope, fixed to the offshore side of the vessel and dropped down into Durban harbour, where they would swim to a more remote quayside, no doubt in search of the next vessel to stowaway on. However, the plan went wrong and two of the seven stowaways drowned. The five surviving men made it to the quayside where they then alleged that they had been forced off the ship. The police were called in and the master and three crew members were arrested. The stowaways turned on the crew members whom they had befriended on the way to Durban in order to get off the vessel. These crew members were arrested and charged with murder, among other offences. This charge was subsequently dropped to culpable homicide. The crew members subsequently agreed a plea bargain. They were in a foreign country and were miles from home: they had no idea what would happen; they were frightened and scared. No doubt various people had told them grim stories about South African prisons. They missed their families and their support bases; and English was not their first language. They found themselves in a very difficult situation. In the light of this case, we emphatically urge all P&I clubs to advise their members on the need to inform their crews of the IMO guidelines with regard to stowaways. Once stowaways are found on board a vessel, the incident should immediately be reported to the owners and the crew should never think of the stowaways as their friends. They will not be the crews' friends if something goes wrong. In fact, as this case clearly illustrates, they will turn against the crew as quickly as they befriended them. The crew members in this matter were heavily fined and received suspended prison sentences in terms of the plea bargain. We would like to further warn shipowners that since this recent incident the police now attend on all vessels arriving at Durban with stowaways. They question the stowaways to find out where and when they boarded the vessel and how the crew have treated them. In view of the above, it is essential that the master and crew follow the IMO guidelines for handling stowaways and furthermore ensure that the master properly documents all actions taken within those guidelines. Editor’s note: This report is an extract from an open media letter from Michael Heads P&I Associates (Pty) Ltd, Durban, South Africa, published in full on www.ports.co.za/ legalnews/article_2006_02_02_1624.html - This url is no longer available |