Fishing vessel caught in a legal wrangle sinking at Mutwal harbour, according to its crew

By Chaminda Silva

Crew of a fishing vessel anchored for over three and a half years at Mutwal harbour following a legal tussle complains that sea water is seeping into the ship and it is about to sink.The vessel named Astan II was brought down at a cost of Rs 520 million in May 2019 by an Israeli businessman as a part of an investment project to promote fishing in Lankan waters. The vessel was registered in Sri Lanka in Feb 2020 and anchored at the Mutwal harbour, crew members said.

The ship used its two generators to maintain its functions however they are now in a defunct state so that they are of no use to remove the water accumulating in the vessel following the recent heavy rains, the crew members said adding that they no longer can stay in the ship as there is a danger that it may sink.  The crew is not entitled to repair the ship as there is an order from the Colombo Commercial High Court not to change its status quo following a case filed by a third party claiming their rights for the ownership of the vessel, said Attorney-at-Law Abhimani Randeniya, the counsel for the Israeli owner of the Astan II.

She said that after they found a third party claiming the ownership of the ship, her client lodged a complaint at the Colombo Crimes Division and following that the case was taken up at the Colombo Commercial High Court. The case drags on as the ship has to remain at the same place till the proceedings are over, Randeniya said, adding that the crew members had pointed out that the ship is facing severe threats as they could not attend to repairs for such a long time.

As per the usual maritime law when a ship is anchored at a harbor it is the obligation of the port to provide electricity and water from the shore.  However that policy has not been followed with regard in this instance, despite the matter having been brought to the notice of the Fisheries Minister Douglas Devananda.When contacted for comment, Director General Merchant Shipping, Ajith Seneviratne, said that they had nothing against the investor attending to the repairs of the ship. The ship however is under the court order and has to remain there in the port until the hearing is over.