VILLA DE PITANXO
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Die letzten Häfen
Die letzten Wegpunkte
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Shipowner deposited offered compensation at court
On Nov 2, the owner of the 'Villa de Pitanxo', Pesquerías Nores Marín, has deposited with the court the €6.2 million it had offered as compensation to the families of 20 of the sailors who died in the vessel's sinking off the coast of Newfoundland in February 2022, after the majority of claimants rejected the company's proposal. This was clarified on that day by the lawyers for the Nores Group, who explained that the offered amounts were calculated according to the traffic accident compensation scale, which is usually applied by analogy to workplace accidents. In a statement released through the law firm Amya Abogados, the company indicated that the offer was made to the families who had proven their right to claim compensation, with the aim of resolving disputes related to civil liability, without prejudging potential criminal liability or requiring the families to waive their right to legal action. However, the shipping company acknowledged that, with a few exceptions, the families rejected the proposed compensation. Therefore, it decided to deposit the funds with the court and request that they be distributed to those who had properly submitted documentation proving their familial relationship with the victims. The company emphasised that accepting these amounts would not prevent the claimants from continuing with the criminal proceedings related to the shipwreck. Regarding the families who did not submit the required documentation correctly, it has been indicated that they have been asked to rectify the identified deficiencies so that, if applicable, the corresponding compensation offers can be made. Last week, the insurer of the 'Villa de Pitanxo', the shipowner, and the fishing vessel's captain, Juan Padín, announced an offer of a total of 6.2 million Euros to the families of 20 of the victims who had sufficiently proven their right to claim. The families, for their part, demanded a "fair" trial and asserted that they were not negotiating anything and would not meet with anyone, thus rejecting the shipowner's compensation proposals.
Insurer, owner and captain proposed a total financial compensation of €6.2 million to the families of 20 deceased sailors
The insurer of the 'Villa de Pitanxo', along with the shipowner Pesquerías Nores Marín and the captain Juan Padín Costas, have proposed a total financial compensation of €6.2 million to the families of 20 sailors who died in the shipwreck. This offer was for those who have properly demonstrated their right to claim compensation following the accident. The proposal also included a specific payment of over €123,500 for Samuel Koufie, the sole survivor of the shipwreck. The compensation amounts varied, depending on the degree of kinship and the damages proven by each claimant, demonstrating an individualised assessment of the personal circumstances of each affected family. Sources from the law firm Amya Abogados, which represents the three parties involved, have indicated that the shipping company has intended to "resolve the families' claims from the outset, regardless of the existence of civil and criminal liability." However, the final resolution has been delayed because some affected parties have not submitted the required documentation or have done so incorrectly. The company was also facing obstacles stemming from the "excessive demands of many claimants." For their part, the families of the deceased have stated that they "continued to seek justice" and that they wanted "those responsible to be held accountable," emphasising the emotional and legal dimensions of the case. The complexity in processing the claims has stemmed from the requirement that each family member provide rigorous documentary evidence to justify their right to payment. Despite the efforts made by the shipowner and the insurer, not all those entitled to compensation have satisfactorily met this requirement. Furthermore, the existence of several claims with amounts and conditions that some sources describe as excessive has further complicated the negotiations, hindering the completion of the process. Meanwhile, the legal representation has maintained its objective of resolving the situation without waiting for the conclusion of any potential investigations or legal proceedings regarding criminal or civil liability.
Two of three defendants appeaed on court
The captain of the 'Villa de Pitanxo', Juan Enrique Padín Costas, and one of the directors of the shipping company, José Antonio Nores Ortega, appeared at National Court in Madrid again on Aug 5. The other, José Antonio Nores Rodríguez, justified his absence with a medical report. The two who appeared were served with the notification of the opening of the trial and the requirement to post the €44 million bail imposed on all three, which could be paid until Sep 15. This precautionary measure has been adopted to guarantee the payment of the financial and civil liabilities arising from the crimes, should a conviction ultimately be handed down. The captain, the shipowner's administrator, and the fleet manager, as well as Pesquerías Nores and British Marine Luxembourg, the P&I club, were jointly and severally liable as civil parties. The Public Prosecutor's Office of the National Court has requested nine years in prison for each defendant for their alleged responsibility in 21 counts of manslaughter due to gross negligence, one for each deceased crew member, one count of negligent injury to the survivor Samuel Koufie, one count of violating workers' rights, and one count of falsifying documents. In the order to open the trial, Judge Ismael Moreno saw reasonable grounds for criminal activity, considering that the fishing vessel was operating with altered stability, inoperative lifesaving equipment, and extreme working conditions, the captain having attempted to save the fishing gear and the catch, before cutting the cables and ensuring the vessel's buoyancy. Regarding the managers of Pesquerías Nores, they consented to and maintained this risk structure continuously, tolerating the overloading of the vessel and the lack of rescue resources.
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