LUDOVICA

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Belgian pilot acquitted for wave incident which damaged inland vessel

The Police judge L. Louwerse has acquitted a 52-year-old Belgian pilot of a bow wave incident on the Western Scheldt. On Aug 30, 2022, the Belgian was a pilot on board the container ship 'MSC Geneva' (IMO: 9320427), now sailing as 'Jolly Bianco', which was underway towards the North Sea. According to the Public Prosecution Service, the pilot was sailing at too high a speed, causing a dangerous bow wave. As a result, the 'Ludovica' was damaged when it was struck. The Public Prosecutor M. Nieuwenhuis found the pilot guilty of the incident, not taking sufficient account of the situation and not taking measures to adjust the speed, despite a warning from the Hansweert traffic post and a report from a skipper. The officer determined that the pilot had not acted adequately. ‘The speed was already too high in the bend at Hansweert, causing damage to the 'Ludovica' due to the bow wave, which was not good seamanship.’ The officer demanded a fine of 500 euros. This amount was the settlement proposal. The pilot had objected to this, so the case came before the court. During the hearing, the police judge wondered whether the suspect should have reduced speed as a precaution. The experienced pilot said he had seen no reason to do so. ‘He did not slow down, because there was no shipping in the area. Other ships had already passed. The 'Ludovica' was already next to the waterway, but was not immediately visible. The radar on board was different. The warning from Hansweert did not mention the name of the ship. Counsel M. van der Bent came to the conclusion that there was no concrete reason to reduce speed. The ship was not sailing too fast. The 'Ludovica' was loaded with steel and was apparently sensitive to waves. When it came into view, the container ship slowed down. The lawyer also questioned the condition of the inland vessel. Van der Bent wanted to demonstrate the vulnerability of the 'Ludovica'' by stating that the ship was very deeply loaded, causing the gangway to be flooded. He pleaded for acquittal and pointed out the excellent service record of his client, who has been a river pilot for 15 years. The 'Ludovica' had suffered water damage to the cargo and to a printer. The injured skipper did not file a claim for damages. In his final statement, the pilot indicated that the qualification of ‘bad seamanship’ had been hanging over his head like a dark cloud all this time. The police judge agreed with the defense counsel’s defense that no information was known about the inland vessel, such as its draft. That made him doubt. ‘Other ships did not suffer any damage in that bend. The acquittal was a relief for the pilot, who was supported by colleagues in court. The Russian captain of the 'MSC Geneva' settled by paying a fine of 500 euros.