Tosa hearing slated for November

David Osler - Wednesday 23 September 2009

Date set for Aroza hearing

THE next hearing for tanker master Glen Patrick Aroza, detained in Taiwan on a charge
of involuntary manslaughter, will take place in November, according to an email sent to a
friend, writes David Osler .

“By all indications, the case will come up for hearing on November 2 and not before
that,” BR Rao, a former master, told the Times of India newspaper.

Capt Aroza, master of the 302,159 dwt very large crude carrier Tosa , second officer
Mohammed Rizaul Karim and able seaman Eduwardo Mallorca are all accused of
involvement in the deaths of two fishermen from the fishing vessel Hsin Tung Chuan 86 .

The trawler capsized on April 16 after an alleged close-quarters incident with the tanker
that either involved a collision between the two vessels, or the wake of the tanker
overturning the smaller vessel.

Although Capt Aroza was sleeping at the time of the incident, the prosecution alleges a
failure in duty of care because he did not provide adequate instructions to the crew when
navigating an area of sea regularly used by trawlers.

Flag state Panama has sought transfer of jurisdiction under the United Nations
Convention on the International Law of the Sea, 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 master or crew except before the judicial authorities of the flag state
or of the state of which such person is a national.

Tosa is managed by NYK Shipmanagement on behalf of Japan’s Nippon Yusen Kaisha.