Attached: letter of 29 April from the ICS/ISF Chairman/President to the Supreme Court of the Republic of Korea requesting that the two officers of the “Hebei Spirit” be permitted to return home to India pending the Court of Appeal’s consideration/approval of the Supreme Court decision that the officers are innocent of the imprisonable charge of causing vessel destruction.
Members will have noted from the public statement issued on behalf of ICS/ISF as attached to ICS/ISF(09)25, that the Supreme Court of the Republic of Korea spared the officers of the ‘Hebei Spirit’ further imprisonment on the basis that they are innocent of the charge of vessel destruction (which was the basis of the imprisonment imposed by the Daejeon District Court of Appeal). However, according to the judicial process in the Republic of Korea, before the officers can be released from the terms of their detention in Korea, the findings of the Supreme Court have to be referred back to the Daejon District Court of Appeal and this Court is required to endorse the Supreme Court decision. It is not known how long this process will take. In these circumstances, the ICS/ISF Chairman/President submitted a letter to the Supreme Court on 29 April urging that the two officers be permitted to return to their homes in India in the interim pending the Court of Appeal’s consideration of the matter. A copy of this letter is attached at annex.
More generally, and as was noted in the ICS/ISF statement, whilst the officers were found innocent of the charge of causing vessel destruction, their conviction of the charge of causing pollution was upheld and this is of great concern to the industry. ICS and ISF are considering the details of the judgement in detail particularly with regard to the safety and technical issues which arise from the guilty verdict and will revert with a further report if needed.
ICS&ISF(09)29 ANNEX ICS&ISF LETTER TO THE SUPREME COURT OF THE REPUBLIC OF KOREA