MISJE VERDE
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Captain and pilot appealed verdict
Both the captain and the pilot of the 'Misje Verde' were appealing the verdict following the accident off Tjörn. They were both convicted of, among other things, causing death to another and negligence in maritime traffic, but wanted to be acquitted of liability. Since the incident, both the captain of the ship and the pilot who was on the ship have denied responsibility, but the Gothenburg District Court ruled that they should be convicted. Now they have both submitted their appeals. The captain did not believe that the prosecutor has proven that he failed in "good seamanship" and the pilot claimed, among other things, that the pleasure boat, which was in collision with the 'Misje Verde', was periodically not visible on the radar. He also wants the Court of Appeal to await the investigation carried out by the Swedish Maritime Accident Investigation Board so that conclusions from it will be available at the Court of Appeal hearing. Their investigation was not expected to be completed until just before the end of May2027. The Swedish Accident Investigation Board was collecting facts until the New Year, which would then be followed by the analysis phase.
Verdict to be appealed - division of responsibility clarified
The Swedish Maritime Administration introduced a new routine to clarify the division of responsibility on board during pilotage after the conviction of the captain andthe pilot of the 'Misje Verde'. In a letter to the ports, the Swedish Maritime Administration wrote that it wanted to clarify the responsibility between the master and the pilot: "Before the legal situation is clarified, the Swedish Maritime Administration therefore sees a need to introduce a new routine in connection with pilotage." According to the agency, it should be clarified already when the pilot boards who is responsible - an arrangement that, according to the Swedish Maritime Administration, had always applied, but which was now being further clarified. Following the verdict, the employer temporarily stopped all pilotage in the Marstrand area on Oct 1, citing the pilots' feelings after a colleague was sentenced. However, the stoppage was lifted the same afternoon and pilotage resumed at 4:30 p.m. According to the Swedish Maritime Administration, no one was on sick leave, and work was done during the afternoon to clear the queue that had arisen. The captain and pilot of Misje Verde were convicted of, among other things, causing death, after the court ruled that they failed to look out when the 'Misje Verde' collided with the pleasure boat. Now, the captain's lawyer Taavi Tuula has announced that the captain - just like the pilot - will appeal the verdict.
Pilots stopped their work after verdict in Misje Verde case
On Oct 1, the pilots based in Marstrand have stopped carrying out pilotage after the verdict against the pilot and captain of the 'Misje Verde'. Almost ten vessels were affected and in Uddevalla, vessels that needed a pilot could not enter or leave. Behind the stoppage was strong concern about how the court has assessed the pilot's responsibility on board. The Swedish Maritime Administration stated that several pilots in the Marstrand area did not consider themselves fit to carry out their assignments. The situation was described by the authority as an acute stress situation after the high-profile verdict. The reaction is primarily about the division of responsibility between the ship's master and the pilot who comes on board. On Sep 30, the Gothenburg District Court had convicted both the captain and the pilot of the 'Misje Verde' of negligence in maritime traffic, causing death to another person and causing bodily harm. The master received a suspended sentence. The pilot was sentenced to a suspended sentence and daily fines. The District Court found that the 'Misje Verde' was the overtaking vessel and should have kept clear of the pleasure boat. According to the court, the boat could have been detected and the collision avoided if sufficient lookout had been maintained. The court considered that the master had the overall responsibility, but also that the pilot had taken on greater responsibility for the vessel's conduct than necessarily follows from a normal pilotage assignment. It was primarily this part of the verdict that has raised concerns within the pilotage community. A pilot comes on board to contribute local knowledge and help with safe navigation, but the master still has overall responsibility for the ship. At the same time, a pilot can have a very active role on the bridge and specify or monitor navigation and maneuvering measures. After the verdict, the Swedish Maritime Administration has pointed out the risk of ambiguity regarding who is responsible for what on board. The Swedish Pilots' Association also reacted strongly and believed that the verdict could have an impact on how pilots in the future dare and can perform their work. The question was how other pilots should relate to the verdict when they themselves board ships and take an active role in navigation.
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