REPORT OF THE INVESTIGATION OF THE M/V SEABOARD TRADER

Transcription

1 REPORT OF THE INVESTIGATION OF THE M/V SEABOARD TRADER JUNE 26,

2 Ships Particulars Name of vessel: Nationality: Port of Registry: Call Sign: Registration #: Seaboard Trader Panamanian Panama 3FLH B IMO #: Owner: Manager: CHARTERERS AND COMMERCIAL OPERATORS: Type of Vessel: ALMACENAJES DEL ISTMO, S.A. SEABOARD SHIP MANAGEMENT, INC 1551 SAWGRASS CORPORATE PARKWAY, SUITE 200 SUNRISE, FLORIDA 33323, USA. SEABOARD MARINE LTD 8050 NW 79 th, AVENUE, MIAMI, FLORIDA 33323, USA. RO/RO and Containers Keel Laid: 1971 Delivered: April 1972 Builder & Class of Ship: Engine output: Propellers x 2: Bow thruster: Service speed: Wertsila, Turku, Finland +100A1 / +LMC / ICE Class 1 Wertsila, Pielstick x 2, 4000 BHP each engine Fixed pitch, inward turning when going ahead 500 HP 14 knots Int l gross tonnage: Int l net tonnage: Summer DW: 6592 L/Tons 2

3 Displacement: 11,442 L/tons Length over all / Lpp: m / Breadth extreme: m / Depth moulded: m / Drafts: (based on LL Cert.): Summer: 6.592m Winter: 6.454m Fresh: 6.720m Tropical: 6.730m Trop. FW: 6.858m Lt. Ship: L/T Ramp S.W.L: 50 L/Tons L-39,36 W-26,24 Stern door: W H 19,68 Available surface: Weather deck: Ramp deck: Lower deck: 21,124sqft (With wings) 17,085sqft H ,270 sqft H-14 3

4 Foreword The undersigned, Capt. Aksel Huus, was contacted by the Panama Maritime Authority Mr. Carlos Lung on Tuesday June 27, 2006 at 5:50pm with a request to assist in an investigation onboard the detained vessel the M/S Seaboard Trader presently alongside pier B-172 Dodge Island in the Port of Miami. The vessel is a RO/RO container ship trading between Miami, Florida and two ports in the Dominican Republic, port of Rio Haina and Puerto Plata. The vessel has operated on the same itinerary for approximately 10 years. The crew onboard is 25 in total. The nationality is mixed 10 from Poland, 13 from the Philippines, 1 Bulgarian and 1 crewmember from Chile. Incident Voyage Saturday, June 24, 2006 On June 24, 2006 at 9:15pm the vessel departed Puerto Plata in the Dominican Republic bound for Miami Florida. The vessel was loaded with containers. The voyage was routine and nothing out of the ordinary happened until June 26, Monday, June 26, 2006 On June 26, 2006 at approximately 06:10am tank cleaners Oliver P. Roxas (crew # 24) and Pancho D. Patco (crew # 25) who were sweeping the main deck informed the Bosun Fernando S. Alvarez (crew # 10) of noises coming from container # SMLU The Bosun informed the Captain and the Chief Officer. The Captain together with Bosun Alvarez and O/S Nunez (crew # 13) went to the cargo hold to investigate the noise. The noise turned out to come from people (stowaways) inside the container. O/S Nunez managed to communicate from outside the container in their native language (Spanish) with the stowaways. He learned that there were four of them and two were already diseased. At this time the seals on the container were still intact. At this point, the Captain decided to cut the seals and to open the container. When the container was opened they discovered four men inside. Two of the men showed no signs of life. The remaining two showed signs of exhaustion, exposure to heat and dehydration but were still alive. The survivors were immediately given water, attended to, and placed in a spare cabin. The two deceased stowaways were left inside the container for further investigation by the authorities upon arrival in Miami. Immediately 4

5 after the discovery, the port agent, Charteres-Seaboard Marine and DPA from Seaboard Ship Management Inc. was informed for further notification to the Coast Guard and other relevant Authorities. Vessel s arrival Miami At 5:20pm At 6:20pm At 7:46 pm At 8:05 pm USCG Boarding Team onboard Pilot onboard on arrival Immigration & Customs, Police, Fire Rescue Team and the Company representatives boarded the vessel. the two stowaway s survivors were transferred to a local hospital. At 10:40pm the two deceased stowaways were transferred off the vessel to the Coroner s Office. 5

6 Events of the Investigation Tuesday, June 27, 2006 At 9:00pm the undersigned, Capt. Aksel Huus as the party representing the Flag State Panama Maritime Authority arrived onboard the vessel. I was met on the vessel, by the Captain and two representatives of the Seaboard Ship Management Company, namely, the Operations Manager Captain Robert Kirkpatrick and the Seaboard Agent Mr. Frank Fajardo. At this time, the vessel was already loaded and ready for departure. I was informed then by the Captain of the vessel, Capt. Kasprzycki that the container # SMLU where the four (4) stowaways were discovered was re-sealed, unloaded and confiscated by the local law enforcement authorities for further investigation. The stowaways personal belongings found inside the container were also confiscated by the same authorities. This particular container was loaded with textiles in Haiti and shipped to Puerto Plata by trailer, to be, thereafter, brought onboard the vessel. During questioning by the Captain of the vessel, the two surviving stowaways replied that they boarded the container in Haiti. They had paid US$ each for the passage. This was paid to a local helper in Haiti. Security The investigation started instantly. The ship s Captain and SSO Chief Officer were interviewed concerning the vessel s security procedures. Search Procedure for Cargo Containers 1. In Puerto Plata, empty containers are opened, searched by the crew and by a local security agent and sealed prior to loading. 2. Loaded containers are visually checked by the local security. In Puerto Plata the security uses dogs. The vessel s crew checks that all containers seals are intact. 3. After completion of loading the vessel, cargo compartments are searched by crew and shore side security personnel. In Puerto Plata the vessel is searched by personnel from the Navy in addition to local security and vessel s crew. 4. After departure from each port all cargo compartments are searched once again by the crew. The crew uses a Search Check List and the search is entered into the deck log. 6

7 5. A day prior to arrival at Miami port, the cargo compartments are searched one more time by the crew. 6. During the night the watchman carries out Fire and Safety patrols every four hours. Cargo compartments are also checked during these rounds. The vessel is a member of the U.S. Customs Carrier Initiative Program. Attached is also the Port State Control Report of Inspection from the U.S.C.G. from June 27, On January 24, 2006 the SSMI (Seaboard Ship Management, Inc.) issued a memo Comment of Enhanced Security Measures on Seaboard RO-RO Vessels. This memo is attached to the report for your review. Crew on duty during loading of cargo in Puerto Plata on Saturday, June 24, 2006: Overall in charge from arrival 4:45pm to departure 9:08pm: Chief Officer (SSO) Jaroslav W. Zborowsky 4:45pm Stern door open. 4:45pm 6:00pm Second Mate Jose Melvin B. Reyes 4:45pm 8:00pm A/B Reyfre Matavia 6:00pm 9:08pm Third Mate Jose E. Decenteceo 8:00pm 9:08pm A/B Allan Sy 9:08pm Stern door closed Ramp security watchman: 4:45pm 6:00pm OS Oliver P. Roxas 6:00pm 9:08pm OS Pancho D. Patco. Local Authority Friday June 30, 2006 On this day, I called Mr. Baswell at the U.S. Immigration and asked if they could share any of the information with me concerning the case. The answer was a negative and I was told that one of the survivors was going to be sent back to the Dominican Republic the same day. The other survivor was sent to Chrome Detention Center in South Miami for further investigation. 7

8 General Interrogation of the Crew Wednesday July 05, 2006 On this day I went back to the vessel for further statement and interrogation of all officers and crew onboard. During the interrogation representative from Seaboard Ship Management Attorney Mr. Jan M. Kuylenstierna was present. The statement is attached in separate (black) binders. Conclusion After completing with the investigation, with the interrogation and collecting evidence of the crewmembers on board the M/V Seaboard Trader, it would be reasonable to conclude that the crew of the vessel is most likely not involved in the activities of bringing/smuggling stowaways by vessel into the U.S.A. The container # SMLU was loaded and sealed in Haiti and, thereafter, shipped by land to Puerto Plata to be loaded onboard the vessel in Pto. Plata. It appears that all smuggling of people is organized by local individuals in Haiti and in the Dominican Republic. The stowaways made a verbal statement to the onboard crew that they had paid U$ each for the passage. Documents included in the binder: 2 CD containing final report 2 CD / with pictures of stowaways Ship s particulars Final Report Report of vessel Casualty or Accident Company Accident / Incident Report Including Personal Belongings Inventory Pictures of stowaways Copy of vessel deck log June 23 to 26, 2006 Crew List Crew List Copy of ISSC Declaration of Security Vessel Security Procedures Gangway Visitor Log Deck Watch Plan Vessel Drug and Stowaway Search List Inspection Certificate for search in Puerto Plata Vessel Search Inspection Certification from Puerto Plata Voyage Plan Copy of Port State Control (USCG) 8

9 Bill of Lading Cargo Manifest Cargo Plan Records of Seals for Empty containers Pictures of broken seals from container # SMLU Statement/Interrogation List of all crew Capt. Aksel Huus ID #: DGMM-48 SafeShips Consulting International Inc. 9