Detained tanker crew during pandemic to receive $6M after rights breach

Derek Achong

The captain and crew of a Panamanian-registered oil and chemical tanker, who were detained for two months in 2020, exposed to Covid-19 and denied treatment, and were blocked from communicating with their families, are set to receive over $6 million in compensation.

On Thursday, High Court Judge Westmin James ordered the compensation as he upheld a lawsuit brought by the 13 crew members from South and Latin America over the treatment they received from local law enforcement officers while they and the vessel were held for suspected drug trafficking.

Justice James found that their rights under several sections of the Constitution were breached and ordered $450,000 for each of the men.

Justice James said: “This transformation of the vessel from a place of work and residence into a “prison at sea” infected with a life-threatening virus constitutes a grave violation of the State’s custodial duties.”

“The State’s conduct, ranging from the reckless introduction of a virus into a vulnerable, isolated population to the subsequent armed obstruction of essential medical aid, represents a profound failure of the State’s custodial obligations,” he added.

According to the evidence in the case, the Star Balboa arrived in T&T waters in September 2020 to dispose of garbage and restock provisions.

The vessel was briefly arrested by local shipping agents for an outstanding bill, but the issue was quickly resolved.

Shortly after, a large team of police, immigration, customs, and coast guard officers executed a search warrant for dangerous drugs, which was reportedly based on intelligence passed on by an international ally.

The vessel’s owners hired maritime law specialist Nyree Alfonso and criminal defence attorney Sophia Chote, SC, to represent their staff.

Both attorneys were reportedly threatened by the officers after they attempted to board the vessel to witness the search and request sight of the warrant.

The officers took almost two weeks to conduct a comprehensive search of the vessel, including sending divers to inspect its hull and ordering the emptying of its ballast tanks in apparent contravention of international maritime law.

Most members of the crew, who were confined to the ship, contracted Covid-19, with the captain having to be taken to the Caura Hospital for treatment based on the severity of his medical condition.

The remaining crew members, who had to recover from the deadly virus while quarantined on the ship, claimed they were denied medical supplies at gunpoint.

They suggested that they contracted the virus from the officers, who did not wear masks or other protective equipment.

They claimed that their cellphones and laptops were seized, preventing them from contacting relatives, and were eventually returned in unusual condition.

The ship was eventually released in November after nothing illegal was found.

In deciding the case, Justice James declined to consider the legality of the search warrant because the owner of the vessel, who had the legal ability to challenge such, pulled out of the case.

Despite taking that position, Justice James went on to rule that the conduct of the officers in executing the warrant was unlawful.

He rejected claims from the State that the men were not arrested and detained but rather were supervised by the officers, as they were free to continue to live aboard the vessel.

Stating that the actions of the officers exceeded “supervision”, Justice James said: “They amount to complete State control over the Claimant’s liberty.”

He found that their detention was unlawful and unreasonable after an initial search yielded no drugs.

“There is no evidence that the Claimants were individually suspected of criminal conduct, that ongoing detention was necessary to preserve evidence, or that less intrusive measures were considered,” he said.

He also took issue with the fact that they were not informed of their legal rights, denied communication devices, and denied access to their lawyers.

“The Court therefore concludes that the Claimants’ detention was arbitrary, excessive, and unconstitutional, in breach of their rights to liberty and the protection of the law,” Justice James said.

Justice James also found that the officers’ handling of the crew’s Covid-19 infections constituted cruel, inhumane and degrading punishment.

“Keeping uninfected crew members confined with those who were positive, threatening hostile boarding with assault rifles when they were ill, and initially obstructing the delivery of private medical supplies reflects an “uncaring and careless…abandonment” of the Claimant’s inherent dignity,” he said.

Justice James also found that the State breached their rights in denying them communication devices during the lengthy period.

“By stripping the crew of all communications devices, the State rendered them incommunicado for weeks, preventing them from contacting their families during emergencies or managing essential financial obligations like rent and utility payments,” he said.

Justice James ordered $275,000 in damages to each crew member for unlawful detention, and $25,000 for the unlawful seizure of their property. He also ordered $150,000 in vindicatory damages based on the serious breaches in the case.

The State was ordered to pay the group’s legal costs for the litigation.

The group was also represented by Peter Carter and Asif Hosein-Shah. The State was represented by Justin Phelps, SC, Michelle Benjamin, and Adita Ramdular.