Archivi tag: greek

The investigation phase has been closed; Norman Atlantic approaches the criminal trial

norman atlantic chiuse indagini preliminari processo penale
A big step towards the criminal trial that will bring finally light and justice to the Norman Atlantic marittime disaster; great satisfaction from our legal team, not only because we are approaching the trial, but also because the Public Prosecutor has clearly listened to the complaints of our clients, adding to the accused list all the crew members who did not provide the necessary assistance to passengers. There was no loading plan for the heavy trucks, and the fire started to develop from one of the refrigerated trucks, because there were not enough power outlets and the truck drivers kept their engines running to cool the goods. A hypothesis that had already made its way in the days following the fire, as a malpractice prohibited by navigation regulations. And there were other and numerous negligence, both in the risk assessment and during the evacuation, with extreme disorganization and several crew members who left the ship way before the passengers were safe. Now the Bari prosecutor, after 3 years close investigations, adding all the crew members to the accused, mainly for our multiple reports of severe complaints from our clients for abandonment of the ship; 30 people and two companies, Visemar and Anek Lines, now face the criminale trial for the shipwreck of the Norman Atlantic ferry, which took place off the Albanian coast on the night of December 28 2014 after a fire broke out on board that cost the lives of 31 people, including some Syrian migrants, even minors, and the wounding of others 64.

All the subjects under investigation are liable for involuntary cooperation in shipwreck, culpable homicide and multiple culpable injuries. Numerous violations on security and the navigation code are also contested. To the original 18 people already in the file of the p.p’s office of Bari, Ettore Cardinali and Federico Perrone Capano, they added others 12: they are the legal representative of Visemar, society owner of the ferry, Carlo Visentini, the two legal representatives of the Greek Anek Lines, charterer of the Norman Atlantic, in addition to the commander Argilio Giacomazzi and 26 crew members. 6 of them also contend that they had left the ship avoiding to help passengers way before they were safe. A series of negligences emerged in the expert’s report of the Port Authority of Bari, above all on the assessment of the risks and on the organization of the operations of evacuation of the ship, which would have caused the shipwreck and the death of some passengers. About the causes of the shipwreck we already ran trough a probationary incident phase that lasted about two years with numerous accesses aboard the wreck, moored since February 2015 in the port of Bari, and still subjected to seizure.

The experts report about a ineffective firefighting system and unprepared crew. The fire supposedly started from a refrigerated truck running a diesel engine during navigation. Furthermore, according to the accusatory hypothesis, a plan to load the 128 TIR on board (of which about 60 refrigerators) was missing, arranged on the bridges in an approximate manner, without respecting the distance between the vehicles and the availability of elettric power, forcing hauliers to keep the engines running. And both the captain and carrier companies were full aware of this malpractice. We are also waiting to call accusation about the reason why the captain and the shipping companies have decided to prevent the intervention of the Albanian tugs to wait the arrival from Bari of the rescue, forcing the passengers to fear for their life two day on a ship adrift in flames and in the stormy sea.

In the next few weeks we will update all our clients with more detail on the following steps, about the civil case running in Bari, relations between civil and criminal proceedings, and strategies of our team in order to bring justice and compensation to all.

Annunci

Seizure of trucks close to an end -dissequestro dei TIR vicino

The end of the seizure for 26 trucks, cargo and commercial vehicles escaped from the flames but blocked in Bari for over a year in the Norman Atlantic lower deck, and then after the unloading last week, immediately placed under seizure for the debts (about 2 million euro) unpaid by Visemar (owner of the ship) to the maritime rescue company (the Fratelli Barretta of Brindisi), is near, after a legal dispute between the carrier and the maritime rescue company. A settlement agreement between the parties has just been found, and then decays the reason that led to the seizure of all that was transported in the garage of the ship, including trucks, which at this point can be freed and returned to their rightful owners, mainly greek.

UPDATE 13.04.2016: the lawyers representing the tug boat company have informed that they renounced the seizure after a signed agreement with the Greek company Anek, charterer of the ferry.


Il dissequestro dei 26 TIR e veicoli industriali scampati alle fiamme ma bloccati per oltre un anno nei garage del Norman Atlantic, e poi dopo lo sbarco nelle settimane scorse, posti sotto sequestro conservativo a Bari per i debiti (circa due milioni di euro) non pagati da Visemar (proprietaria della nave) alla società di salvataggio marittimo (la Fratelli Barretta di Brindisi), è vicino, dopo una vertenza giudiziaria tra il vettore e la società di salvataggio marittimo. Un accordo transattivo fra le parti è appena stato trovato, e quindi decade il motivo che aveva portato al sequestro conservativo di tutto ciò che era trasportato nei garage della nave, compresi i camion, che a questo punto possono essere liberati e restituiti ai legittimi proprietari, in gran parte greci.

AGGIORNAMENTO 13.04.2016: i legali della società di traghettatori hanno fatto sapere di aver rinunciato agli effetti del sequestro dopo un accordo sottoscritto con la società greca Anek, noleggiatrice del traghetto.