68 replies to this topic

[American Woman]

The captain has claimed that when the ship listed heavily he fell into the water and could not physically get back on deck.

Apparently he "tripped and fell into a life boat."

[guyser]

According to this article, Article 1097 of Italy's Maritime Law says: "If the commander does not leave last, he risks two years in jail; if the vessel is lost 2-8 years; if the boat is used to carry people - 3-12 years."

I can't imagine that the captain isn't in legal trouble, and I would think that he would find it rather difficult to live with his decision/actions.

Internatl Maritime Law supercedes that.

Anyhow, here is an ionteeresting article that helpos explain the myths of Capt going down with the ship, the women and children first stuff.

Good short read.

[American Woman]

Internatl Maritime Law supercedes that.

Even the ship was in Italian waters, not international waters?

Edited to add- don't think you included a link.

At any rate, it's not about 'women and children," but "passengers" - many who are elderly - and the captain's responsibility regarding their safety.

Edited by American Woman, 18 January 2012 - 02:16 PM.

[The_Squid]

Human error? No

Human negligence? Yup

This dude is going to be in jail for quite some time I think...

Good link American Woman....

From the link provided:

...Jans-Uwe Schroder-Hinrichs, the head of the maritime safety and environmental administration programme at the World Maritime University in Sweden and a former master mariner, says that it is understood within the industry that captain needs to stay on board to direct the evacuation.

"How would a captain fulfil his obligations if he was not on board? Emergency responses are nearly almost always co-ordinated from the ship - you have fairly limited options for getting necessary information from a lifeboat," he says.

There is also the question of Italian common law. In Italy, a captain who abandons his ship before it sinks, while passengers are still aboard, may faces charges for failing in their duty of care, Mr Phillips says.

[capricorn]

Human error? No

Human negligence? Yup

This dude is going to be in jail for quite some time I think...

I wouldn't be surprised if he gets anything above the minimum required under law. Surely part of his defense will be that the other officers on board bear some responsibility in that they followed the captain's orders to venture too close to shore. Actually, I think other officers should have been charged along with the captain.

From the link provided:

There is also the question of Italian common law. In Italy, a captain who abandons his ship before it sinks, while passengers are still aboard, may faces charges for failing in their duty of care, Mr Phillips says.

Taken literally, the ship did not sink as, for example, the Titanic did. It ran aground and toppled over, but it did not sink.

[guyser]

Even the ship was in Italian waters, not international waters?

Shipping is weird with laws, the flag of operation (As in Liberia) and so on.

Edited to add- don't think you included a link.

At any rate, it's not about 'women and children," but "passengers" - many who are elderly - and the captain's responsibility regarding their safety.

Yes I did m sorry about that......

http://www.slate.com/articles/news_and_politics/explainer/2012/01/costa_concordia_sinking_what_s_the_etiquette_for_abandoning_ship_.html

It will explain better than I can.

[American Woman]

Shipping is weird with laws, the flag of operation (As in Liberia) and so on.

Yes I did m sorry about that......

http://www.slate.com/articles/news_and_politics/explainer/2012/01/costa_concordia_sinking_what_s_the_etiquette_for_abandoning_ship_.html

It will explain better than I can.

Even according to that link, though:

...it’s possible that Captain Francesco Schettino failed in his duty to his passengers. The International Convention for the Safety of Life at Sea requires the captain to exercise his professional judgment to protect passenger safety, and most maritime experts would agree that presence on the ship is a prerequisite for fulfilling that obligation. Some nations, such as Italy, Greece, and Spain have laws requiring the captain to remain on the ship to evacuate passengers, although these are rarely enforced and don’t specify exactly when the captain is permitted to leave.*

*Correction, Jan. 18, 2012: This article originally omitted information on laws in Italy and other countries that require the captain to remain on the ship to evacuate passengers.

Interesting article, though; thanks for the link.

Edited by American Woman, 18 January 2012 - 03:14 PM.

[fellowtraveller]

Scettino was in a photo today in handcuffs and being escorted to a courtroom by the cops.
That generally means legal trouble, and he is being held in custody as he is seen as a flight risk.
Maybe they are worried he might swim away again.

[American Woman]

Interesting that another captain, who happened to be on the boat, did stay and help direct the evacuation. He's seen as a hero in Italy.

[sharkman]

The captain has claimed that when the ship listed heavily he fell into the water and could not physically get back on deck. The trial will tell the true story.

It is also claimed that the reason they hit the rocks off the town of Giglio was that one of the officers is from this tiny town and the Captain thought it would be fun to run the ship closer to give his shipmate a better look.

"Hey, I can see my house"
SMASH

This is what I heard too, and there is no reason for the ship to have taken the route it did. It was way off course. What a stupid man.

[cybercoma]

Can you believe this idiot actually claimed in court that he never intended to abandon the ship, rather he claims he tripped and fell into the lifeboat. Unbelievable.

[jacee]

Can you believe this idiot actually claimed in court that he never intended to abandon the ship, rather he claims he tripped and fell into the lifeboat. Unbelievable.

I also heard that he said he saved many lives by steering the ship into shallow water. Unh Hunh ...
Then he fell into a lifeboat.
Unh hunh ...
I think I smell a lawyer ...

Edited by jacee, 18 January 2012 - 06:57 PM.

[Derek L]

I also heard that he said he saved many lives by steering the ship into shallow water. Unh Hunh ...
Then he fell into a lifeboat.
Unh hunh ...
I think I smell a lawyer ...

Not a good one.......

[cybercoma]

I've seen enough mob movies to know it ain't an Italian lawyer.

[Derek L]

I've seen enough mob movies to know it ain't an Italian lawyer.

I'm waiting for the Youtube video of his leap of faith........