* MV Taimareho sailed without any clearance of the boarding officer
* Shipowner and master did not comply with the requirements of the safety certificate
By IAN M.KAUKUI
Newsroom, Honiara
MINISTER for Infrastructure Development (MID) and Deputy Prime Minister Manasseh Maelanga has finally released the much-awaited report into the tragic sea disaster on the early morning hours of 3rd April 2020 onboard the ill-fated M.V Taimareho which claimed the lives of 27 people.
Maelanga said a preliminary investigation report was conducted on 3rd April 2020 on the M.V Taimareho tragedy and recommended that a full Board of Inquiry be conducted.
“Accordingly, the Board of Marine Inquiry was commissioned on 7th April 2020 in accordance with section 86 of the Shipping Act 1998,” he said.
He said the Board which consisted of Captain Starling Daefa, Captain Percy Biliki, and Batiara Naniseni as part of their investigation, conducted a number of interviews of relevant persons including the crew, the management of M.V Taimareho, Officers of the Solomon Safety Administration, and passengers.
Maelanga said a report outlining the findings and recommendations of the Board was handed over to his office on the 10th of June 2020.
He said upon receipt of the Report, the Office of the Attorney-General (AG) was instructed to provide advice on the report.
“An advice was received from the AG and therefore, as Minister responsible for Marine Inquiry under the Shipping Act 1998, I now hereby, in accordance with the Shipping Act 1998, hereby formally make public the findings of the Board of Marine Inquiry report No. 04/2020 dated 30th May (the Report),” he added.
He said the ship also set sail despite a tropical cyclone category 1 existed in Solomon Islands and warnings were issued by the Solomon Islands Government through the Solomon Islands Maritime Safety Administration (SIMSA), Solomon Islands Port Authority, and Solomon Islands Meteorological Services (SIMA) as early as 15:00hrs on Thursday, 2nd April 2020.
“According to the report, the incident occurred at 0220hrs on Friday, 3rd April 2020 at an estimated position of Latitude 09’22’.9 South and longitude 160’ 42’.8 East and it occurred as a result of gusty cyclonic wind and very high swells in which 27 passengers were washed overboard,” he said.
Apart from many other findings, Maelanga said MV Taimareho departed without the clearance of the Solomon Islands Maritime Safety Administration (SIMSA) Boarding Officer.
“Therefore, MV Taimareho sailed without any clearance of the boarding officer and with the knowledge of the existence of the category 1 cyclone,” he said.
Maelanga said the ship on 2nd April 2020, held a valid safety certificate however, the shipowner and master did not comply with the requirements of the safety certificate.
He said the master of the ship also did not prepare and ensure that the following documents; Voyage Plan, Night Order, and Log Book were on board the vessel.
He added that MV Taimareho according to the safety certificate required a total of 30 crews; however, the ship only has a total of 13 crews and 10 supporting staff on board at the time of the incident.
“The conditions of the life rafts were in a good state however, as a result of lack of knowledge that passengers were overboard, the life rafts were not deployed,” he said.
The minister said in light of the above, the Board, therefore, concluded as follows:
(a) That the Shipowner and Master violated the following:
(1) Sections 78 (1) and (2) of the Shipping Act 1998;
(2) Sections 8 (1) and (2) of the Shipping Act 1998;
(3) Sections 115 (1) and (3) of the Shipping Act 1998;
Meanwhile, section 78 (1) of the Shipping Act 1998 states “Neither the owner nor master shall permit more persons to be carried in a vessel than the number stated in the passenger ship safety certificate issued in respect of the vessel as being the maximum number of persons that may be carried in the vessel.
Section 78 (2) stated; “Every owner and the master of the vessel who contravenes this section each commit an offence, and each shall be liable upon conviction to a fine not exceeding ten thousand dollars and to a further fine of not more than two hundred dollars for each person carried on board the vessel in excess of the number stated in the passenger ship safety certificate.”
Sections 81 (1) (c) however states every vessel is unsafe if –the vessel is overloaded or improperly loaded and section 81 (2) states “Where an unsafe vessel goes to sea, every person who knowingly sends, and the master who knowingly takes, the unsafe vessel to sea commit an offence, and each shall be liable upon conviction to a fine not exceeding sixty thousand dollars..
Section 115 (1) states “No person shall be employed on a vessel as a seaman unless there is in force an employment agreement approved by the principal shipping officer, in writing in the English language, between the owner, or licensed shipping agent, or master and the seaman which agreement maybe-
(a) With respect to employment in one or more vessel; or
(b) For a particular period not exceeding one year; or
(c) For one or more particular voyages.
Section 115 (3) however states every person who acts in contravention of subsection (1) or subsection (2) commits an offence, and shall be liable upon conviction to a fine not exceeding ten thousand dollars.
Maelanga said there are a number of recommendations also contained in the report dated 30th May as recommended by the Board.
“These recommendations will now be forwarded to the relevant authorities including the Royal Solomon Islands Police Force and the Director of the Solomon Islands Maritime Authority for their necessary actions,” he said.
He said once it reaches the police, they have the ball in their court to deal with the issue according to the law.