FOR the first time probably in the history of this country’s maritime disasters, authorities were quick to imprison the crew of a sunken vessel and file charges against them.
Last Thursday, M/B Kim Nirvana-B capsized in the seas off Ormoc City, killing at least 61 people, with survivors listed at 140. By Friday, multiple murder cases were filed with the Ormoc City Prosecutors’ Office against the boat’s operator, skipper and 17 crew members.
With this swift action, do the Ormoc City policemen deserve a pat on the back? At first glance, they do, but not when you go deeper.
For one, it was obviously done in haste, with the main intention of keeping the arrested crew members in jail. It is doubtful if the police were able to gather enough evidence to support a murder charge instead of, say, the bailable case for homicide. A murder charge is unbailable.
Secondly, Nirvana’s operator, skipper and crew members can be considered small-timers. It is even doubtful if they could hire a battery of lawyers to defend them. While the law does not look into the economic standing of those that need to be brought to court, the difference in the treatment of Nirvana people with those of big shipping firms involved in more tragic sea mishaps stands out.
Besides, the apportioning of blame in the Nirvana incident surely does not stop with the boat’s operator, skipper and crew members. The Philippine Coast Guard relieved two of its officers in Ormoc City to deal with the question of why Nirvana, which from the looks of it was overloaded with both passengers and cargo, was allowed to sail.
The Department of Transportation and Communications (DOTC) announced yesterday that it is looking into the possible liability of the Maritime Industry Authority (Marina) for the capsizing of Nirvana. The probe was prompted by a letter of Engr. Nelson Ramirez of the United Seafarers Association that partly said:
“By merely looking at the picture of M/V Kim Nirvana, you don’t have to be a maritime expert to say that this motorized banca is seaworthy or not. You can immediately see that the stability of this double-decker vessel is questionable. How it passed the safety standards is the most controversial question of the day.”
Considering these points, wouldn’t the insistence by the police of keeping Nirvana people in jail by charging them with unbailable offense look rather awkward, if not questionable?