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National 067/01
27 February 2001

MCA BRINGS SUCCESSFUL PROSECUTION

On 26 February 2001 Today at Canterbury Crown Court the Master and 2nd Officer of the Netherlands Antilles registered cargo vessel ‘Unden’ received sentence. The two officers had pleaded guilty at an earlier hearing into various shipping offences following a collision with the Panama registered cargo ship ‘Star Maria’ in the Dover Straits on 2nd January 2001.

The Master, Captain Jan Hansen was fined £3,000 and the 2nd Officer, Mr. Jan Debrowski, was fined £1,000 for failing to keep a proper lookout in accordance with the international Regulations for Preventing Collisions at Sea.

The Court heard that just after 12:30 am on Tuesday the 2nd of January 2001, whilst transiting the Dover Straits, the ‘Unden’ was in the traffic separation scheme some distance astern off the cargo vessel ‘Star Maria’. Mr. Dabrowski, who was in charge of the navigational watch, allowed the lookout to go below to the engine room. He then absented himself from the bridge to go to the toilet. When he returned it was too late to prevent the ‘Unden’ from hitting the stern of the ‘Star Maria’. Although no injuries were sustained on either vessel, the ‘Star Maria’ sustained substantial damage and Dover Coastguard initiated a full-scale rescue operation.

Captain Hansen condoned the process of allowing the lookout to leave the bridge for considerable periods of time.

In her summing up the judge said "Any collision in the straits of Dover is a serious matter, and each defendant has been negligent in a different way. The Master must take responsibility for the systems on his ship and the 2nd Officer left the Bridge unattended." The Judge also stated "The greatest care is necessary when you have
responsibilities to carry out."

Captain John Garner, the MCA's Head of Operations said, "Fortunately nobody was injured as a result of this incident. However, the consequences of the actions of these two individuals could have been tragic, both in terms of loss of life and pollution. The court today has recognised the seriousness of failing to maintain proper vigilance by those in charge of a vessel. The MCA will continue to bring such breaches of safety legislation to the attention of the courts, as and when they occur."

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