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MANGALORE: Captain Glen Patrick Aroza's trial by the Taiwanese authorities is likely to be a long and arduous one. The master of the Japanese cargo carrier M T Tosa is being tried for alleged involuntary manslaughter. On Wednesday, the Taiwanese court discussed the matter with the prosecution and the lawyer representing Capt Aroza ended the proceedings without any hearing. Preetha, wife of Capt Aroza told TOI that Glen told her that after the discussion, they adjourned without even giving the date for the next hearing. ``The day of the next hearing will be told in due course," said Preetha. The first hearing was on August 20, in which the proceedings began with the Taiwan court confirming the identities of the persons undergoing trial. The next hearing was posted for September 16, dashing the hopes of his family who was hoping for a speedy trial. A couple of days before the trial began on August 20, the Panama authorities wrote to the Taiwanese authorities claiming jurisdiction over the case. Former mariner Capt B R Rao said according to information available, the Taiwanese authorities have not replied on that. Panama has sought such transfer of jurisdiction as per the United Nations Convention on the International Law of the Sea, 1982, which states that in case of incidents of navigation concerning a ship on the high seas, no penal or disciplinary proceedings may be instituted against Captain or crew except before the judicial authorities of the flag state or of the state of which such person is a national. Capt Aroza (37) and his two colleagues, second officer Mohammed Rizaul Karim from Bangladesh and seaman Eduwardo Mallorca, have been detained by the authorities for an alleged mishap with a Taiwanese trawler in international waters on April 17. The trio has been held responsible for a trawler's capsize and the death of two fishermen in it.
Dated: 17 September 2009 |
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Taiwan has barred a Bangladeshi marine officer from leaving the country until the completion of a trial on allegations of hitting a sea trawler, despite maritime experts' opinion that he should be sent to Panama or returned to Bangladesh as the alleged incident happened in international waters. The marine officer, Mohammad Rezaul Karim, was given bail on July 20 after serving two months in a Taiwanese jail but he fears getting an unfair trial. "How can I be sure about fair trial," said Rezaul when contacted over the phone by reporter from Taiwan last Friday. He said Bangladesh government, which does not have diplomatic ties with Taiwan, has not taken any steps on his behalf despite India and Philippines taking steps for their citizens who were detained on the same case. Rezaul was detained on May 3 while working as a second officer for MT Tosa vessel, managed by NYK Line Ship Management Singapore and owned by NYK Line Japan. However, maritime experts say since the alleged incident took place in international waters, the case jurisdiction lies with the flag state, which is Panama where MT Tosa was registered, or the home state of the person concerned -- Bangladesh, according to the International Maritime Conventions like Conventions on the Law of Sea 1982 or the Convention on the High Seas 1958. Rezaul said there is no proof of his vessel hitting the trawler on the Simplified Voyage Data Recorder or during the underwater inspection of the ship and fishing trawler by Singapore and Taiwan authorities. Two other officers -- Master and AB Seaman -- were also detained for allegedly hitting a Taiwanese fishing trawler on April 16, which later capsized and left two Taiwanese fishermen dead. Hearing of the case will be held on August 20. NYK Line's country representative Captain Sufian Mahmood said that the allegations have not been proven in court and the Bangladesh government should play a role in bringing back Rezaul. Rezaul's anxious family in Bangladesh have heard no response from the Bangladesh government despite repeatedly seeking their assistance to bring Rezaul home. Rezaul's parents, Mohammad Abdur Razzaque and Mahbuba Khanam, sent a letter to Ministry of Foreign Affairs and director general (DG) of Department of Shipping two weeks ago seeking assistance. Rezaul's family said he is sole breadwinner of the family since his father retired from his job a few months ago. The company's country representative also sent a letter to the Ministry of Foreign Affairs and Director General (DG) of Department of Shipping and Shipping Master, Chittagong on June 23 seeking assistance. Captain Sufian told reporter the company has been and will continue to support Rezaul and his family. He said, however, “Although we don't have diplomatic ties with Taiwan, the government should do whatever is needed to secure the earliest release of one of our citizens detained in Taiwan.” Department of Shipping DG Commodore Bazlur Rahman told that they are working on it and they are maintaining communication with the vessel company. "Our boy is not guilty and offence against him cannot not be proved," he said adding his company is dealing with the issue as it is supposed to do. "The government really has nothing to do in these situations. It's the company's duty and the company is doing that," he said adding the company is negotiating with Taiwan to withdraw the case. Bazlur said they would take the next step on the basis of these negotiations.
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