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Trial regarding tug loss in the wake of Wakashio grounding adjourned to July
The trial of Deputy Port Master Kavidev Newoor has been adjourned until July 10, 2026, pending a court ruling on the admissibility of questions concerning the accused's relationships in the event of disagreements with his subordinates. The prosecution maintained that this was a central element of its case. The trial of Deputy Port Master Kavidev Newoor resumed on Jnue 5 before Magistrate Magalie Lambert-Henry, sitting in the Intermediate Court. He was facing charge of manslaughter by negligence following the sinking of the Mauritian flagged tug 'Sir Gaëtan', 275 gt (IMO: 9065340) on Aug 31, 2020, off the coast of Poudre-d'Or, which has claimed the lives of four men, all employees of the Mauritius Ports Authority (MPA), one of whom, Captain Moswadeck Bheenick, remained missing at sea. However, the court must decide on the admissibility of the questions to the witnesses. This dispute arose during the questioning of Vishal Tewary, a skipper with the Mauritius Ports Authority (MPA), by Mr. Nataraj Muneesamy, the representative of the Director of Public Prosecutions (DPP). Called to the witness stand as a prosecution witness at a previous hearing, the witness explained that he was involved in the response after the accident of the 'Sir Gaëtan' aboard another tug. He also explained that he had previously worked under Captain Newoor, whom he described as "very professional." Mr. Muneesamy asked the witness what Newoor's reaction would have been if he, Vishal Tewary, had disagreed with his orders. Mr. Neelkanth Dulloo, Kavidev Newoor's lawyer, objected to this line of questioning and elaborated on his arguments, drawing on several judgments already rendered in other cases, both in the United Kingdom and Mauritius. He pointed out that asking a witness how he assessed the character of an accused person would constitute opinion evidence and therefore be inadmissible, given that a witness must testify to the facts and not offer their opinion. Mr. Muneesamy, also relying on case law in the United Kingdom and Mauritius, insisted on the validity of his question. He maintained that Kavidev Newoor's character, in the face of his subordinates' refusal to obey his orders in certain circumstances, was central to this case. Magistrate Magalie Lambert-Henry indicated that she would issue her ruling on this matter on July 10. According to the indictment, Kavidev Newoor allegedly forced Captain Moswadeck Bheenick to set sail aboard the 'Sir Gaëtan' to tow the barge 'L’Ami Constant' from Pointe-d’Esny to Port Louis. Thed barge was filled with drums of toxic waste, recovered in the wake of the 'Wakashio' oil spill. This occurred despite Captain Bheenick's request to postpone the operation due to the rough seas. The tug then capsized off the coast of Poudre-d’Or. A Court of Investigation, presided over by former judge Gérard Angoh, was established to investigate the case. It was in the wake of this Court of Investigation that the DPP had brought a formal charge of manslaughter by negligence against Captain Newoor. Report with photo: https://www.lemauricien.com/actualites/societe/proces-naufrage-du-remorqueur-sir-gaetan-les-relations-de-kavidev-newoor-avec-ses-subordonnes-au-coeur-des-debats/709059/
Liability of owner for costs of oil spill cannot be capped
The liability for the oil spill caused by the grounding of the 'Wakashio' on the Pointe d'Esny reef on July 25, 2020, cannot be capped. In a ruling issued on Feb 23, 2026, the Supreme Court decided a key issue: the ship's owner, Okiyo Maritime Corp., cannot limit its liability to damages related to the oil pollution. The shipowner had sought authorisation to establish a "limitation fund" — a mechanism provided for in the Merchant Shipping Act 2007 that allows a ship owner to cap their financial liability based on the vessel's tonnage. In this case, with a gross tonnage of 101,932 tonnes, the invoked ceiling amounted to approximately 12.7 million Special Drawing Rights (SDRs), an amount to be converted into rupees at the exchange rate applicable at the time the fund was established, or nearly Rs 720 million. In its affidavit, the company acknowledged that the grounding was caused by a navigational error or negligence on the part of the captain and/or crew members. It also admitted that approximately 4,000 tonnes of fuel oil were on board at the time of the accident. Despite pumping operations, during which nearly 2,700 tonnes were recoveredm a significant quantity spilled into the lagoon, causing major damage: destruction of coral reefs, contamination of mangroves, harm to marine life, and temporary disruption of fishing and tourism. The Mauritian State and several intervening parties opposed the request for an overall limitation, arguing that damages resulting from pollution could not be capped under any circumstances. The Court agreed with them on this point. It relied on Article 195(d) of the Merchant Shipping Act, which expressly excludes claims for "oil pollution damage" from any limitation. Arguments based on international conventions, particularly those concerning the limitation of maritime liability, were dismissed. The Court reiterated that Mauritius was a dualist state: international conventions only have effect if they have been explicitly incorporated into domestic law. However, Mauritian law, as drafted, indiscriminately excludes any limitation for damages due to hydrocarbon pollution, whether from cargo or bunker fuel. The Court authorised the creation of a limited fund for potential claims unrelated to the pollution, such as certain direct material damages caused to the reef by the initial impact or specific costs related to the removal of the wreck. The amount will be recalculated when the fund is actually established, with interest at the legal exchange rate, starting from July 25, 2020. A bank guarantee may be provided in lieu of a cash deposit.
Report: drunken captain, a distracted crew, and a flawed chain of commands caused grounding
A long awaited investigation report, published on Oct 2, 2025, has blamed human negligence and alcohol consumption for the grounding of the 'Wakashio' on July 25, 2020,off the southeast coast of Mauritius, causing the worst maritime environmental disaster in the country's history. The Court of Investigation highlights a series of human and institutional failures, exacerbated by alcohol consumption on board. The ship had on board nearly 3,800 tons of heavy fuel oil and 200 tons of diesel, when it ran aground on the reefs of Pointe-d'Esny, less than two kilometers from the shore, enroute from China to Brazil. The vessel was attempting to connect to the sister island's internet network. The watchdog officer, in charge of surveillance, had left his post. The 2nd officer, responsible for navigation, admitted to prioritizing family communications over maintaining the required watch. The Court's findings are unequivocal. The disaster was the result of a series of serious errors: improper use of electronic navigation instruments, and the absence of large-scale nautical charts. Above all, the investigation pointed to inappropriate alcohol consumption by the captain and his 1st mate. According to the report, four glasses of whisky were consumed on deck on the evening of the sinking, in violation of internal safety regulations. The captain even provided details, admitting to sharing two glasses of 40% alcohol Johnnie Walker with a crew member, before downing two more glasses on deck. The ship's data recorder confirmed that, shortly before the impact, the officers were discussing their phone connections and alcohol consumption, instead of focusing on navigation. Hoping to prevent future accidwents, the report recommended the establishment of a mandatory alert and notification system in the event of maritime drift. Above all, it outlines a culture of irresponsibility: a drunken captain, a distracted crew, and a flawed chain of command were enough to precipitate a disaster, which the authors readily compare to the major shipwrecks of the last century.
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