If it hadn't been tied up there, it wouldn't have been hit clearlyWith what justification, SKT?
I wasn’t able to wrap my head around it either, but that is apparently the way Admiralty Courts roll….
Admiralty Courts are weird places. When WIN got hit (while minding it’s own business while tied up alongside) in Esquimalt harbour by an American fishing trawler that lost control on it’s way to the Graving Dock, the Admiralty Court still assessed a small part of the blame to her.
It will be interesting to see how the Officer of the Watch defines their innocence in this particular case.
Norway naval officer denies negligence in oil tanker collision
A Norwegian naval officer on Monday denied negligence leading up to the 2018 collision between a warship he commanded and an oil tanker in which the military vessel sank.www.reuters.com
If there was ever a case of "Shut the heck up & let your lawyer do the talking..." this would be itIt will be interesting to see how the Officer of the Watch defines their innocence in this particular case.
Norway naval officer denies negligence in oil tanker collision
A Norwegian naval officer on Monday denied negligence leading up to the 2018 collision between a warship he commanded and an oil tanker in which the military vessel sank.www.reuters.com
Norway uses a Nordic version of Civil Law, does that still apply in this case?He is being prosecuted. That is a criminal trial and the criminal negligence test, not the tort of negligence that makes you liable to pay compensatory damages, is what is at issue.
The criminal test is more demanding on the prosecution. There has to be proof of criminal intent or of such level of carelessness as to amount to an absence of care for any resulting consequences of one's reckless actions. Simply failing to pay attention, or being distracted or failing to notice a developing situation you ought to have noticed, etc. does not necessarily constitute criminal negligence (far from it), else most car accidents would result in prosecution. Only the more callous ones attract such criminal attention.
The unidentified officer was given a 60-day conditional sentence by the Hordaland district court. He had denied the charge.
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The duty commander was the only person prosecuted over the incident. The prosecution has claimed that negligent navigation was the main reason for the collision.
Not sure that I agree. Taking the watch means that you have taken the watch. All of the responsibility now rests in one place.I feel like things probably didn't go well in the 8 minutes prior to him taking the watch either that led up to the collision, so seems like a bit of scapegoating to be the only one held accountable.
Do understand why NWOs sometimes refuse to take the watch turnover though if things are an uncontrolled disaster.
I'm not saying he isn't responsible, just that he's not solely responsible. The collision was still avoidable when he took the watch, but the whole sequence of events started well before that.Not sure that I agree. Taking the watch means that you have taken the watch. All of the responsibility now rests in one place.
So from what I understand he had been on duty 8 minutes. hmmmm but the Navies of the world do things their way.I feel like things probably didn't go well in the 8 minutes prior to him taking the watch either that led up to the collision, so seems like a bit of scapegoating to be the only one held accountable.
Do understand why NWOs sometimes refuse to take the watch turnover though if things are an uncontrolled disaster.
It is the same for the RCN (from my observation). The oncoming OOW takes the watch once they indicated that they understand the situation and have the watch. The notebook gets signed ending the previous watch. Legally, it is all on the new OOW at that point.So from what I understand he had been on duty 8 minutes. hmmmm but the Navies of the world do things their way.
So the practice we had in the Bn CP was that the DOs would not hand over at the scheduled time IF there was a contact on going until the contact was resolved or the oncoming had a clear understanding of what was going on. Just my two cents.