MALTA (24 Oct 2007) — A Court of Appeal upheld a decision by the Court of Magistrates which found CMA/CGM Verlaine Captain Karl Bargmann and Head Engineer Herman Dieter Raake not guilty of the death of Raymond Van Beek, a Dutch diver who died after being caught by a propeller of the vessel during an underwater inspection of the same vessel at the Freeport on 11 July 2004. Thus, Judge Joseph G Galea Debono's judgment, who was presiding the court, dismissed the appeal. But in his judgment he remarked that he was not in any way prejudicing the rights of deceased's dependants to seek redress in any court or tribunal of civil jurisdiction against any members of the crew or the owners of the vessel in view of the "very special circumstances that shroud this case in mystery." On the day, Mr Van Beek was conducting inspections on the vessel when the bow thruster was switched on, sucking in the diver's body onto its propeller or was tugged in because his life line and communication cables were caught in its propellers. The captain and chief engineer, both Dutch residing in Germany, were charged in court accused of causing the death of the diver. They were acquitted by a Magistrate's Court decision on 8 March 2007. Despite keeping the decision by Magistrate's Court, Judge Joseph G Galea Debono said that there is "very strong suspicion that either it [the engine] had not been properly and completely turned off in the first place or else that some member or members of the crew had put the bow thruster into operation by direct interventions both in the engine room and on the bridge." At the time of the accident there were twenty-three members of the crew on board. The Judge also said that alternatively there could have occurred some general technical malfunction of the vessel's equipment which caused these various items of machinery to start up without direct human intervention. The Court said that it could not find criminal responsibility "on the basis of mere suspicion however strong and nagging that may be." | | Mr Justice Galea Debono remarked also that the Attorney General did not provide any concrete facts which could convince this court [of appeal] to the degree of moral certainty of the defendants' guilt beyond reasonable doubt. Peter Karl Bargmann and Herman Dieter Raake were charged, and acquitted from: - At the Malta Freeport in Birzebbuga, on the 11 July 2004 in their capacity as Captain and Chief Engineer respectively, of the sea vessel CMA CGM Verlaine, through imprudence, carelessness, unskillfulness in their art or profession, or non-observance of regulations, caused the death of Raymond Van Beek.
- As per decree of the 23 July 2004 also charged with having on the same day, time and circumstances, in their duty of an employer failed to ensure the health and safety at all times of all persons who may be effected by the work carried out for the as an employer.
SOURCE - Malta StarSCUBA FORUMDISCUSS THIS TOPIC - Dive in and have your say at Scuba ForumCDNN Related NewsMALTA - Accused captain denies responsibility for diver's deathMALTA - Captain, crew charged with death of commercial diverMALTA - Ship propeller kills commercial scuba diver |
