Sri Lanka files a lawsuit in Singapore in connection with the X-Press Pearl environmental disaster
Two years ago, the cargo ship caught fire, causing what is considered Sri Lanka's worst environmental disaster. Some experts believe Sri Lankan courts could have handled the issue. Meanwhile, the Minister of Justice reports that a bribe was allegedly paid to hinder the case.
Colombo (AsiaNews) – Sri Lankan Attorney General Sanjay Rajaratnam today filed a lawsuit at the Singapore Commercial Court seeking compensation for the environmental pollution caused by the X-Press Pearl cargo ship that caught fire in Sri Lankan waters causing what is considered the worst maritime disaster in the country’s history.
On 20 May 2021, the Singapore-flagged vessel caught fire and sank off the west coast of Sri Lanka. It carried 1,488 containers, including 81 with dangerous goods, 25 tonnes of nitric acid, 348 tonnes of oil, and up to 75 billion small plastic pellets known as nurdles (used to make plastic products),.
Since then the disaster has had a significant impact on Sri Lanka's delicate coastal environment, local communities and economy, wiping out a large number of marine species.
According to sources in the Attorney General's Department, Singapore was “the appropriate forum to institute a claims action with regard to the X-Press Pearl disaster, given that the defendants of the prospective litigation, including the vessel’s registered owner, operator as well as managers have a business presence in Singapore as companies domiciled there.”
Sources in the Marine Environment Protection Authority (MEPA) told AsiaNews that “MEPA has provided the AG’s Department with the required information to take legal action against the owners of the Xpress Pearl Vessel and its operators or local agents. Almost two years after the container ship caught fire in Sri Lankan waters, local authorities continue to take a snail-paced approach to file a compensation claim.”
Sri Lanka had until 19 May this year to file a lawsuit. “Despite mounting evidence of the damage caused to the marine environment, the AG’s Department received cabinet approval to file a case in Singapore and not in Sri Lanka. This decision has been taken against the stance taken by maritime legal experts who have frequently said that Sri Lanka’s jurisdiction is well equipped to handle the claim.”
Sources in the MEPA went on to point out that “a second environmental impact assessment report was also submitted by the expert committee appointed for the purpose to the AG’s Department in January, this year.”
According to Attorney-at-law Anuradha Munasinghe, a maritime legal expert, “legal and maritime authorities are of the view that newer maritime laws would be applied, if the case is heard in Singapore as the country is considered a maritime hub. Yet, parties who have been awaiting justice are of the view that this attempt would dissolve their efforts to claim US$ 6.2 billion, the compensation estimate calculated, to date.”
Meanwhile, Justice Minister Wijeyadasa Rajapakshe announced that allegations have been made about a possible bribe designed to obstruct the legal process in the X-Press Pearl affair.
Rajapakshe, who ordered the police chief to investigate, said that he was informed that "a certain party solicited a bribe of US$ 250 million and that the money had been directed to a bank account in the UK.”
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07/11/2022 13:36
08/06/2021 16:40
