The matter in summary: The commander of the watch on the frigate KNM “Helge Ingstad” has been convicted in both the district court and the court of appeal after the ship collided with a tanker in November 2018. The verdict could have consequences for safety both at sea, in the air, on runways and along fairways, several organizations believe. The fear is that the verdict will lead to a culture where no one dares to speak out about near-accidents due to fear of criminal liability. Openness and trust are cornerstones in preventing accidents, say the flight commanders, among others. “The summary has been created by an AI service from OpenAI. The content is quality assured by news’s journalists before publication.” The District Court and the Court of Appeal have been clear: The watchman at KNM “Helge Ingstad” broke the law and will be punished after the collision with the tanker TS Sola in Hjeltefjorden on 8 November 2018. “The defendant is clearly to blame to such an extent that there is a basis for criminal liability for careless navigation ,” the judgment says. Both in the district court and the court of appeal, he was sentenced to 60 days in prison on terms. The warden has himself denied criminal guilt and went to the basement when the sentence came, said the man’s defender, lawyer Christian Lundin, when he was sentenced for the second time. – He has been hung out as a scapegoat for a system that does not work, Lundin has previously stated to news. The responsibility of one person But now several organizations are sounding the alarm about the judgment which places the criminal responsibility for the accident with one person, the duty manager. – With the verdict, the safety culture has been thrown under the law bus. We all stand as losers, says Aleksander Wasland, head of the Norwegian Aviation Association to news. The Helge Ingstad accident Before the collision between KNM “Helge Ingstad” and the tanker “Sola TS” on 8 November 2018, the frigate participated in the NATO exercise “Trident Juncture” off the Norwegian coast. Heading south, the frigate sailed without AIS being active. During the night, a navigation error occurred when Helge Ingstad thought the oncoming tanker was a stationary oil platform or land. The watch commander and the crew on the frigate had the wrong understanding of the situation on the bridge, it was said several times in court. This understanding of the situation is central to the case: Does it come from the commander of the guard’s decisions, or was it an organizational failure on the part of the Armed Forces? When they realized the mistake, KNM “Helge Ingstad” tried to make an evasive manoeuvre, but it was too late. The frigate collided with the tanker, suffered serious damage and eventually sank. The crew evacuated the ship, and all 137 on board were rescued without serious injury. The incident led to significant material damage and the frigate, worth NOK 4.3 billion, was subsequently sold as scrap metal for NOK 18 million. The case was followed by extensive investigation to determine the cause of the collision. The warden at KNM, “Helge Ingstad”, was the only one to be brought to court. The trial focused on allegations of negligence and errors in decision-making that led to the collision. The prosecution argued that the warden did not act sufficiently to avoid the collision, while the defense argued that he acted according to instructions and that he “did the best he could”. He believes the verdict removes the bedrock of the safety culture, which relies on reporting one’s own mistakes. – We fear that employees in industries such as shipping, heavy transport, railways and aviation will be reluctant to report their own mistakes when they see where it is still possible, says Wasland. Building on decades of work He receives support from the Norwegian Flight Controllers Association According to them, trust and openness are one of the most important mechanisms for reporting incidents and preventing serious accidents. – A judgment such as this helps to build down several decades of work put in to create a system and methodology that can be relied on within the reporting and handling of incidents, says Robert Gjønnes, leader of the association to news. They fear the verdict will have direct negative consequences for safety in general. After the collision, the frigate KNM “Helge Ingstad” ended up in the pier stones. Afterwards, the ship was raised and later cut up. Photo: Jakob Østheim The Seafarers’ Union: – The case has strongly engaged The Seafarers’ Union is also highly critical of the conclusion of the Court of Appeal. Lawyer Terje Hernes Pettersen in the union was clear in an article in Frifagbevegelse after the indictment was brought out. After the warden has now been convicted in two courts, he is crystal clear. – Members of the Norwegian Seamen’s Association have clearly expressed that they will think twice before taking training as a navigator, he says. The case has strongly engaged many seafarers, according to Hernes Pettersen. This is what it looked like on the inside of the frigate after the collision with the tanker. Photo: Alexander Undrum Fathi/Sjøforsvaret – Most accidents are due to system failure. But after an accident at sea, it is still usually seafarers who are singled out as scapegoats and held personally responsible, says the lawyer in the association. He fears the verdict could mean that events now become ugly under the rug for fear of consequences. Therefore, one does not achieve learning after serious incidents. Prosecution ordered by the Attorney General The Court of Appeal underlines that it is the Attorney General who has ordered the prosecution. And that the court must decide whether or not the warden should be sentenced according to current laws and regulations. Not whether it is right or wrong to prosecute him. Following the collision, the Ministry of Defense received a corporate penalty, which they adopted. Lawyer Christian Lundin is defending the warden who has been convicted in two courts. He believes the warden has been made a scapegoat for a system that does not work. Photo: Trygve Heide / news The defense attorneys argued in the court case that a conviction would have great significance for the culture of safety in the Norwegian Navy. The judgment states that it is up to the politicians (legislators) to decide whether it is appropriate to punish someone for negligence. State prosecutor Magne Kvamme Sylta, one of two prosecutors during both rounds of the trial against the warden, believes that it is the right person who was charged. – In advance of the trial, thorough assessments were made of who should be prosecuted and held responsible. I think these assessments are correct, and that the right person has been charged. The court has based its assessments on the evidence that I presented against the warden, said Sylta after the verdict in the Court of Appeal.
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Meiner the verdict against the watch commander at Helge Ingstad could have major consequences – news Vestland
