X-Press Feeders, the operators of the X-Press Pearl, which sank off the shores of Sri Lanka in 2021, criticized the recent Sri Lankan Supreme Court ruling, stating it disregards international maritime law and presumes guilt of the Vessel Master before the conclusion of criminal proceedings.
“The Court has effectively pronounced the vessel’s Master and local Agents guilty of criminal charges before their trials have concluded, and in the case of the Agents, even before formal charges have been filed on some of the allegations,” the Singapore-registered company said in a statement.
In July, Sri Lanka’s Supreme Court in a landmark ruling ordered the ship’s owners and operators to pay $1 billion in compensation, assigning full liability to them for the 2021 sinking, despite also identifying failures by multiple Sri Lankan authorities in their response to the incident.
X-Press Feeders initially issued a brief statement expressing disappointment and said it was reviewing the judgment.
In a longer statement released on Thursday, August 15, the company said it was “deeply concerned” by the ruling, which directs EOS Shipping Pte Ltd, Killiney Shipping Pte Ltd, Sea Consortium Pte Ltd, and local agents Sea Consortium Lanka (Pvt Ltd) to pay the compensation within a year.
“For more than 40 years, X-Press Feeders have been pivotal players in Sri Lankan trade. However, this judgment, which ignores accepted international maritime law, establishes an unprecedented level of risk that we, along with most shipping companies, will struggle to meet,” the statement said. “We fear the inevitable rise in import-export costs and the broader impact on the people of Sri Lanka,” the company added.
X-Press Feeders criticized the judgment for not holding national authorities accountable, despite the court’s own findings of negligence. The company cited the court’s dismissal of actions by the Harbour Master and Director General of Merchant Shipping, who reportedly raised no alarms after inspecting the vessel, and noted the failure of the former director of MEPA to issue orders to take the ship offshore, despite repeated requests from the owners.
Sri Lanka’s Supreme Court described that inaction as “a clear departure from the collective decision-making process,” according to the statement.
X-Press Feeders said it remains committed to supporting Sri Lanka’s environmental recovery, noting that $150 million has already been paid toward wreck removal, beach cleanup, and compensation to fishermen.
The company said its primary concern, however, is the human impact of the ruling, particularly on the vessel’s former master, who has been unable to leave Sri Lanka for more than four years.
“When the actions of the Master were addressed in court, he was neither present in court nor personally represented legally, and he was given no opportunity to answer the charges levelled against him. The judgment effectively holds him and the Agents as human collateral to ensure the compliance of the owners and operators,” the company said. (Newswire)