A class action is being lined up by 1,700 victims of a giant oil spill from the bulk carrier Wakashio off the coast of Mauritius in 2020.
The claimants’ cause has been taken up by left wing political movement Rezistans ek Alternativ (ReA) and representative Ashok Subron.
The move comes after the owner of the 203,000-dwt Wakashio (built 2007), Japan’s Okiyo Navigation — a subsidiary of Nagashiki Shipping — limited its liability under international conventions to $16.9m.
It is unclear at this stage which party the action will be brought against, or the total sum claimants are seeking.
Some reports have suggested the target of the claim will be Okiyo Navigation and its protection and indemnity insurer the Japan P&I Club.
Local newspaper Le Quotidien suggested it will be the vessel’s charterer, Mitsui OSK Lines, one of the world’s largest shipping companies with much deeper financial resources than the vessel’s owner.
A Mauritius court has already found the master and chief officer were responsible for the navigational errors, which led to the grounding of the vessel.
However, claimants are also looking to a preliminary Japanese safety report into the disaster, which highlighted the mistakes made by the crew, to back their case.
In the report, the crew said they sailed dangerously close to the Mauritius coastline to secure a mobile phone connection.
According to the report, the decision to divert was pre-planned and the crew admitted they had taken similar actions in the past.
The crew were ill-equipped to sail close to the Mauritius coastline as they did not have detailed paper charts.
The claimants may have to prove a higher degree of negligence on behalf of the crew if they are to successfully bring a claim in excess of the limitation of liability.
Overseas aid
Since the accident, MOL has been providing assistance for the local community to help it recover.
The Japanese government has also provided overseas aid.
The Wakashio grounded on the Mauritius coastline on 25 July 2020.
More than 1,000 tonnes of fuel oil spilt from the bulk carrier after it grounded. The Mauritius coastline and coral reefs were damaged, while the local fishing and tourism industries were also affected.
The forward section of the vessel was scuttled at sea while a year-long wreck removal operation dismantled the aft section.
