Justice chief approves indictment of Sulpicio Lines executive

MANILA, Philippines - Justice Secretary Alberto Agra approved yesterday the indictment of Edgar Go, Sulpicio Lines Inc. vice president for administration, on charges of reckless imprudence resulting in multiple homicide, physical injuries and damage to property.

Two years after the sinking of the M/V Princess of the Stars during a typhoon, Agra dismissed the motion for reconsideration of Go.

“We have carefully reviewed anew the evidence on record in the light of the arguments advanced in the motion for reconsideration and found no cogent reason to reconsider our assailed resolution,” Agra said in his resolution.

Agra said Go’s arguments have already been raised and resolved in his March 22 resolution.

“Needless to reiterate that in the instant case complainants were able to categorically and positively assert the facts that led to the filing of this case which we find to be credible and sufficient to support a finding of probable cause (against Go),” he said.

In his first resolution, Agra upheld the findings of investigating prosecutors that Go should be held liable for failing to take precautionary measures to prevent the tragedy.

“The fact that he admittedly allowed the captain and other officers to decide among themselves whether (the ship) should depart likewise bespeak of his failure to exercise extraordinary care and precaution considering the brewing storm along the vessel’s route and in reckless disregard (for) the 849 persons on board,” Agra said.

It was found during preliminary investigation that there was lack of effort on the part of the ship owner to send additional ships for rescue of passengers.

Go could have ordered the return of the Princess of the Stars to Manila or to drop anchor at the nearest port, according to prosecutors.

Go should be held liable for the tragedy because of his “failure to prevent or discourage the ship to depart from the Port of Manila despite prevailing bad weather conditions” as the official “responsible for operations, movement and safety of the vessel,” according to the resolution of investigating prosecutors led by Senior State Prosecutor Emilia Victorio.

Go “failed to give orders to drop anchor or take refuge for temporary shelter for the ship,” the prosecutors added.

The Department of Justice (DOJ) had also recommended the indictment of skipper Florencio Marimon for the same charges due to uncontroverted evidence showing the vessel was overloaded.

Marimon was negligent and “lacked foresight and precaution in observing seamanship rules” when he decided to sail despite the bad weather condition, according to prosecutors.

It was reported, however, that Marimon was among those who died in the tragedy.

His body was among the 447 recovered and identified by authorities through DNA testing.

Search for remains stopped

Two years after the Princess of the Stars sank off Sibuyan island in Romblon, the retrieval of skeletal remains from the passenger-cargo vessel was officially terminated yesterday.

Transportation Undersecretary for Maritime Transport Thompson Lantion said he agreed to stop the retrieval operations after hearing the report of the Coast Guard, Maritime Industry Authority (Marina) and the salvor Royal Jessan Petromin Resources Inc. (RJPRI).

“We have searched the vessel’s area 100 percent and could no longer find any more bodies,” Lt. Cmdr. Marco Antonio Gines, Coast Guard Special Operations Group chief reported to Lantion.

However, Lantion said they would resume their search inside the vessel once it has been uprighted. “We would shift from underwater retrieval to clearance operations,” he said.

Data consolidated by the M/V POTS Task Force showed that when the roll-on roll-off vessel sank on June 21, 2008, 864 people were on board, comprising 724 passengers, 111 crew members and 29 contractors.

Only 33 survived the tragedy.

Of the 515 retrieved, 458 have been identified and 57 remain unidentified.

During the last phase or salvaging operations, 70 skeletal remains were found, leaving 246 people missing.

Coast Guard Commandant Adm. Wilfredo Tamayo said they would have to wait for the wreck to be removed.

“Once they have uprighted the ship, we will check if some of them abandoned ship when it was about to sink or if some remains were left inside,” he said.

Vener Balsamo, RJPRI projection engineer, said it might take them four to five months before they resume operations since they have to take precautions.

“The vessel has been divided into two parts and both have been submerged, 10 feet apart,” he said.

“If we keep it afloat and there is a typhoon this might cause the line to break and the ship might go adrift and there could be a possible collision with an incoming vessel.

“Right now, the vessel is stable underwater. It is the safest because there is no movement.”

Belsamo said they would also be installing markers to determine the location of the ship.

The salvor might resume operations in late October, he added.

Belsamo said it might take them 45 days or until the last week of November or early December to refloat the vessel.

It would take them time to remove the water from the vessel, he added.

Belsamo said they hope to complete their operations by middle of next year.

“The vessel would further be cut and the scrap metal would be brought to our shipyard in Navotas,” he said.

It would take them five days to travel from Romblon to their shipyard, he .added.

Gines said 15 Coast Guard divers took part in salvage operations, along with six divers hired by the salvor.

Forty-one or a majority of the skeletal remains in the third phase were found in deck C or the economy section.

An underwater video taken by the divers showed them using flashlights as they moved inside the dark passageways and sections of the ship.

They also encountered difficulty penetrating the “abandoned area” and had to cut through the hull.

Tamayo said they were able to tow the vesseland have removed the endosulfan and the fuel.

The Princess of the Stars was owned and operated by the Sulpicio Lines Inc. It was sold to RJPRI in December 2008.