- The master of a Singapore-flagged cargo ship that lost an estimated 50 containers at sea off the Australian coast in 2020 will stand trial in court over the mishap.
- Mohd Zulkhaili Bin Alias, 44, appeared remotely in Brisbane Magistrates Court on Monday for the continuation of a committal hearing.
- He had two charges – disposing of garbage into the sea in the exclusive economic zone, and failing to ensure a vessel is operated so as not to cause pollution or environmental damage.
A recent news article published in the APL England cargo ship master to stand trial over container spill.
Australian Maritime Safety Authority charges
The charges were laid by the Australian Maritime Safety Authority.
The APL England was travelling to Melbourne from China when an estimated 50 containers toppled overboard off the coast of Sydney on Sunday, May 24, when the ship hit rough seas.
Containers and other debris later washed up on NSW beaches.
Twenty-one containers lost at sea were empty while others had bar stools, food dehydrators, medical face masks, shields and goggles, furniture, range hoods and gazebos.
Mr Alias appeared in the Brisbane court on Monday via video-link from Malaysia. He is on bail.
No pollution or environmental damage
The committal hearing started with the prosecution dropping the single charge of failing to ensure a vessel is operated so as not to cause pollution or environmental damage.
However, the prosecution put forward a new charge – Mr Alias was the master of a vessel, namely the APL England, and took it to sea when it was unseaworthy in May 2020.
Mr Alias’ defence lawyer, Sophie Harburg, conceded that charge should be committed for trial.
The committal hearing then proceeded for the other charge – disposing of garbage into the sea.
Ms Harburg argued the lost containers and their contents did not meet the definition of garbage, because they were not waste generated on the ship, they were loaded onto the ship as cargo.
Definition of garbage
Prosecutor Nicholas Robinson said the proper interpretation of the definition of garbage was that it included all plastics that enter the sea from a vessel, regardless of their origin.
Magistrate Mark Nolan agreed with Ms Harburg’s argument, ruled the charge should not proceed to trial and discharged Mr Alias on that count.
Mr Alias remains on bail and a date has not yet been set for his Brisbane District Court trial.
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Source: smh
