Even though he was jailed last week in connection with a 1980’s drug smuggling operation, Captain Allan Russell Sr., master of the Sea Hauler mail boat, will probably still have to make an appearance at the inquiry into the August 2 boating tragedy, his lawyer said Tuesday.
Damian Gomez told the Bahama Journal that the drug case should have no bearing on the outcome of the Wreck Commissioner’s Inquiry into the disaster at sea.
“I don’t think that Captain Russell’s incarceration will have any affect on the functioning of me as counsel on his behalf before the Commission,” Mr. Gomez said.
The Court of Appeal last week upheld a sentence from a lower court, which committed Russell, 63, to three years in prison. He was also ordered to pay a $100,000 fine.
If he is unable to pay the fine, he will be sentenced to an additional two years in prison.
In a written ruling, Justice Maurice Churaman called the drug operation a “gigantic criminal enterprise” that netted the boat captain $1 million from cocaine proceeds.
Russell is expected to be a key witness in the inquiry as investigators try to determine exactly what caused the United Star barge and the Sea Hauler mail boat to collide in the early morning hours of August 2, resulting in the deaths of four persons and the injury of about 25 others.
Cheryl Grant-Bethel, the lead counsel in the inquiry, said Tuesday that plans are still underway to have Captain Russell take the witness stand.
“I would like to call him as a witness as part of the Minister’s case in these proceedings and I will be making an application before the Wreck Commissioner to make exactly that request,” she said. “The fact that he is presently in another place would not pose any difficulty in him coming.”
Mrs. Bethel added, however, that difficulty does arise in convincing some of the Captain’s relatives to appear as witnesses, as the incident seems to have caused them emotional distress.
Meantime, several witnesses were recalled to give testimony in the case Tuesday, among them Port Controller Captain Anthony Allens.
While on the stand, Captain Allens testified that on October 25, 2000 and January 17, 2001, officials at his department issued directives to operators of both mail boats and cargo vessels respectively.
He said the documents served as reminders that a qualified mate msut be on board such vessels at “all times” and that a proper lookout be in place.
“Safe manning practices require a competent officer be available for each Watch,” according to a copy of the letter issued to the vessels’ operators. “It is therefore this Department’s responsibility to ensure that this procedure is carried out on all vessels navigating the high seas….All deck personnel aboard these vessels must be proficient in Watch Standing procedures, and in keeping a proper lookout.”
The letter also said that any vessel found operating without a licensed mate and the minimum crew standards set by the Port Department after the specified date, could result in “the revocation of the vessel’s license and subsequent prosecution.”
Mr. Allens could not say, however, whether operators of the two vessels involved in the August collision received copies of the letter.
Based on testimony over the past several weeks, neither vessel had a licensed crewmember at the wheel at the time of the August 2 fatal collision.
In a written statement filed to the police shortly after the incident, Sea Hauler deck hand, Alston Strachan, 24, admitted that he took over the helm of the 101ft mail boat, despite his inexperience as a mariner.
His responsibilities as a deck hand included operating the vessel’s hydraulic crane and securing boxes on board.
Evidence submitted also indicated that unlicensed mariner Desnal Hanna steered the United Star at the time the vessel collided with the mail boat.
Also taking the stand Tuesday was Margurita Ume, who was a passenger on board the Sea Hauler. She said she first saw the ramp of the United Star when Livingston “Spy” Seymour alerted first mate Michael Harris to the object.
Seymour, 28, who was one of four disc jockeys on board the vessel, was also one of four victims who died during the accident. More than 20 others were injured.
By Macushla Pinder, The Bahama Journal
