—Canama Trading countersues; claims detention of vessel ‘unlawful’

THE Demerara Harbour Bridge Corporation (DHBC) has filed a more than $1 billion lawsuit against the Panama-registered vessel which slammed into the bridge several weeks ago causing extensive damage and rendering it inoperable for over 48 hours.

Canama Trading S De RL, a company registered in Panama which owns the MV Tradewind Passion, has also countersued the DHBC seeking the immediate release of the oil tanker, which it claims was unlawfully detained by the port authorities.

The DHBC is asking the court to award in excess of $50 million in general damages for negligence.

Particulars of the negligence include the failure to sail the vessel at a safe speed, and failure to report difficulties being encountered upon approaching the bridge.

In its court documents, the bridge company claims that the vessel failed to use reasonable care and skill in its operation so that the ship could be veered away from the bridge, thereby avoiding the collision.

The additional $1 billion in damages being requested covers the labour repairs to the bridge; toll revenues losses due to closure of the bridge; projected work for the replacement of transoms and buoys and other structural works that might be needed.

In its statement of claim, DHBC’s General Manager, Wayne Watson, submitted that on October 8, around 01:00hrs, during a scheduled retraction, the fuel tanker hit the bridge causing some $1 billion in damage; the figure is still being calculated.

Andrew Duke, the shift supervisor on duty at the time, was also injured during the collision.

The vessel which is under charter to GuyOil operates between Trinidad and Guyana, has been detained.

Additionally, the DHBC submitted that the vessel’s captain was negligent by not exercising the relevant international safety conventions for safety at sea and applying the applicable speed necessary in the prevailing circumstances.

“Due to the negligence of the master and crew of the ship, the claimant has suffered and will continue to suffer extensive losses,” the document stated.

Meanwhile, in a countersuit, the Panama company is suing the Maritime Administration Department (MARAD), Harbour Master Glasford Archer, and the DHBC for more than $100,000.

The company is seeking a declaration that the MARAD acted ultra vires and without or in excess of jurisdiction or proper authority in the detention of the vessel.

It is also seeking a declaration against MARAD and DHBC that such prolonged detention of the vessel is “ultra vires, unlawful, or wrongful.”

It is also seeking a declaration that it is entitled to constitute a limitation fund under Section 414 (1) of the Shipping Act by paying or lodging with the court, as security, $244,944,006.21 plus interest thereon at the rate of four per cent per annum from October 8 to the date of the constitution of the fund from MARAD and DHBC.

The Guyana Chronicle had reported that the Board of Inquiry (BoI) into the circumstances of the collision had unearthed evidence of tampering with the ship’s record, allegedly by the bridge team of the ship.

The vessel’s Voyage Data Recorder (VDR) hardware was removed, and crew members initially refused to hand over information to members of the BoI.

The BoI made 21 recommendations, including the suspension of Guyanese contract pilot, 66-year-old Kenneth Cort for at least 24 months. Another proposal was made for the River Pilotage Service to be placed under the MARAD with immediate effect.

Additionally, the investigating body recommended that the staff at the Lighthouse support with monitoring vessels approaching the bridge.