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Captain’s error seen in ferry sinking--BMI initial report

By Katherine Evangelista
INQUIRER.net
First Posted 14:31:00 08/06/2008

Filed Under: Sulpicio ferry disaster

MANILA, Philippines -- ?Error of judgement? on the part of the captain of an inter-island vessel that sank in June during a storm was seen as the main reason for the accident, according to initial findings by the Board of Marine Inquiry that investigated the incident.

?The master had to take his extra ordinary diligence and must undertake his overriding authority as we call it to take evasive action, to save the vessel, the lives [of passengers]. But in a way he failed,? Captain Demetrio Ferrer, BMI vice-chairman said in an interview Wednesday.

Ferrer said other causes, such as the stability of the MV Princess of the Stars, and the responsibility of the ship?s owners, Sulpicio Lines Inc., were ?contributory factors of negligence and complacency.?

The BMI was convened to determine the cause of the sinking of MV Princess of the Stars, which sank in Romblon last June 21 during the onslaught of typhoon ?Frank? (international codename: Fengshen), along with some 800 passengers and crew.

The BMI submitted its initial report to Vice Admiral Wilfredo Tamayo, Philippine Coast Guard commandant, who returned the document to the board for revisions.

Ferrer added that the BMI was finalizing its revisions now that the hearings had been adjourned.

The BMI was supposed to have its final session this Wednesday wherein they invited Sam Lim, president of the Society of Naval Architects and Marine Engineers to clarify matters regarding ?modifications? made on the vessel after it was purchased in Japan.

During past hearings, the BMI found out that the former ?wagon deck? that held cars that were being transported had been transformed into an area where passengers could be accommodated and that windows had been carved through the walls for ventilation.

Ferrer said the board was now studying whether it was possible that given the weather conditions at the time of the ship?s sinking, that when the vessel had listed 40 degrees on the portside (left side), water had entered through the open windows that could have doomed the vessel, Rear Admiral Ramon C. Liwag, BMI chairman, said in a separate interview.

Lim need not be presented as an expert witness in the hearing since the members of the board are all highly capable of assessing the information that the panel has gathered so far, Liwag said.

?Sa appreciation namin, enough na information namin so kailangan na ng final deliberation ng [In our appreciation of the evidence gathered, we have enough information for a final deliberation by the] board to make the final corrections. Yung mga kulang kailangan na mai-reflect sa [Those that are lacking will also have to be reflected in the] report,? Liwag said.

Liwag said that the results and recommendations of the board would not be biased since the board would still seek the opinion of Lim but not necessarily in open court.

?The board can get its own expert not necessarily in open court. Kasi [Because] we seek advice from our expert without hearing in open court,? Liwag said.

The BMI has ?seen the picture? of what had caused the MV Princess of the Stars to sink but the board could only make conclusions once it had finished its deliberations, Liwag said.

He added that the BMI was handling the case very carefully to avoid ?sub judice? since there has been a civil case filed by Sulpicio Lines Inc. against Del Monte Philippines Inc, owner of the 10,000 kilos of toxic endosulfan that was discovered on board the sunken vessel.

During Tuesday?s proceeding, SLI legal counsel Arthur Lim filed an omnibus motion requesting that the BMI ?limit? its investigation on the endosulfan issue, particularly on the matter of which company would be liable for the presence of the toxic shipment on a passenger/cargo vessel.

?We are asking legal advise from our lawyers and legal bodies sa [at the] Coast Guard so we would have a commensurate response bago yun [before the] deadline ng [of] submission [of the BMI report],? Liwag said.

The shipping firm also filed civil charges before the Manila regional trial court against the BMI and Philippine Atmospheric, Geophysical and Astronomical Services Administration.

Liwag is confident that they will be able to submit the final report to Tamayo by Friday and to Transportation Secretary Leandro Mendoza by Monday.



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