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X-Press Pearl disaster: Lost communications hamper probe

18 Jul 2021

  • Communication data between 1 May and 10 June allegedly erased 
  • Lost data won’t matter due to magnitude of damages caused: MEPA 
  • Court lifts travel ban on 14 of the 24 crew members of vessel 
  • Compensation payments to affected fishermen commence 
By Yumiko Perera  The case pertaining to the doomed MV X-Press Pearl vessel was taken up before Colombo Additional Magistrate Lochini Abeywickrama last Tuesday (13), and Deputy Solicitor General Madhawa Tennakoon, who appeared on behalf of the Criminal Investigation Department (CID), revealed that the exchange between the Captain of the X-Press Pearl vessel and the Harbour Master had been lost.  While an extensive investigation is being conducted into the communication data that had allegedly been erased, Tennakoon revealed that the data between 1 May and 10 June had been lost.   Although it is yet to be revealed if the data had been deleted deliberately or out of sheer negligence, statements have been recorded from the Harbour Master as well as the office staff pertaining to the matter. The question however remains whether these discrepancies would ultimately impact the overall assessment of the damages incurred by the country owing to the disaster.   On 6 June, Navy divers retrieved the vessel’s voice data recorder (VDR) from the doomed vessel, 12 days after the incident had taken place.   Speaking with The Sunday Morning, Marine Environment Protection Agency (MEPA) Chairman and Attorney-at-Law Darshani Lahandapura said: “The environmental damage is evident, and given that the sheer magnitude of the environmental damage is obvious, I don’t think the data that had allegedly been deleted would have an impact on the assessment process, especially when it comes to the environmental impact. However, this is definitely something that requires thorough investigation.”  Meanwhile, Tennakoon reiterated that those responsible for the incident would be held accountable, irrespective of their status.  Moreover, Sarath Jayamanne PC, who appeared on behalf of the Captain of the vessel, accused the CID of intentionally neglecting its duty to investigate the communications that had taken place between the Harbour Master and the Captain, despite his continued requests to do so.   Noting that the examination of the relevant data would have helped to uncover the truth behind the incident, Jayamanne further stated that the claim of data loss gives rise to suspicion, and may have ultimately contributed towards a significant loss in marine life.  Furthermore, the court also lifted travel bans that had been imposed on 14 of the 24 crew members, The Sunday Morning learnt.  While it is still uncertain whether the shortcomings in the evidence relating to the investigation may affect the assessment of the overall damage incurred, it is evident that the disaster still continues to pose a threat to the natural balance of the ecological system of the country.  Interim compensation   Meanwhile, the distribution of the first instalment of compensation for the fisherfolk, who had been affected by the fishing ban following the disaster, commenced last week, according to State Minister of Ornamental Fish, Inland Fish and Prawn Farming, Fishery Harbour Development, Multi-Day Fishing Activities, and Fish Exports Kanchana Wijesekera.  In late June, the country had received Rs. 720 million as the initial interim claim for the X-Press Pearl disaster. While Rs. 420 million of the sum has been allocated to compensate those who had been directly impacted by the incident in the fisheries sector, Rs. 300 million was allocated to locate the remaining sunken containers from the vessel, The Sunday Morning learnt.  In a recent media release, Minister of Justice Ali Sabry revealed that the country has sought the assistance of the Indian Navy with regard to the process of locating the remainder of submerged containers, and that the process may require some time owing to the inclement weather conditions at present.   Accordingly, the compensation process had begun earlier this week, and the money had been deposited in the respective bank accounts of the identified fisherfolk. Approximately 16,000 fisherfolk have been identified in this regard and would be compensated for the losses they had incurred.   Furthermore, the Minister of Justice stated that Cabinet approval has been sought to seek help from an international law firm with the assistance of the Attorney General with regard to the remainder of the compensation the country is due to receive, as international insurance companies are involved in the compensation process.   However, several attempts made by The Sunday Morning to get in touch with State Minister Kanchana Wijesekera for more insight into how the compensation process would commence henceforth, proved futile.   Attempts to speak to Loss of life   Over 200 carcasses of marine animals have washed up on the country’s coastlines, and several fresh incidents have been reported over the past few weeks. While environmentalists believe that the actual number of fatalities could be tenfold, even the number of new reports of dead marine life washing up ashore is nothing short of unnerving, as the impact the disaster has left behind on the ecological system may be irreversible.   Speaking with The Sunday Morning, Minister of Wildlife and Forest Conservation C.B. Rathnayake said: “The number of animals being washed ashore has reduced. However, there have been reports of nearly 214 animal carcasses being washed up on the shores so far.” He further stated that it had been confirmed that these deaths occurred due to the environmental damage caused by the fire aboard the vessel, and although the number of animals being carcasses washing ashore has seemingly reduced, it is uncertain how much longer the impact would last. According to Marine Environment Protection Agency (MEPA) Chairman and Attorney-at-Law Darshani Lahandapura, the MEPA has cleared approximately 2,200 MT of plastic nurdles from beaches across the island thus far, and given that there is some sort of pollution visible daily, the effort would continue. The MV X-Press Pearl vessel, which was carrying 325 metric tonnes (MT) of fuel in its tanks, caught fire on 20 May, approximately 9.5 nautical miles away from the Port of Colombo, where it had initially been anchored. The vessel was loaded with 1,486 containers carrying nearly 25 MT of nitric acid, along with several other types of raw material and chemicals.   A subsequent explosion on 24 May led to the further spread of fire, and several containers onboard the vessel fell overboard, thus releasing pollutants including plastic pellets called “nurdles” into the water. An overwhelming amount of plastic pellets and other debris have since washed ashore, and experts the world over claim that the plastic pollution caused by the doomed X-Press Pearl vessel could be the worst incident of plastic pollution unleashed on the oceans.        


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