Simshar: Fisherman's family files for damages
Simon Bugeja
The family of a Somali migrant fisherman who died in the Simshar tragedy of two years ago has filed a judicial application calling for the payment of damages.
The judicial letter was filed against the owner of the boat Simon Bugeja, his wife Sharon and Dr Anthony Gruppetta on behalf of the Fisheries Department.
Four persons died when the Simshar exploded in mysterious circumstances in July 2008. The victims were Simon Bugeja's son Theo, his father Karmenu, Noel Carabott and Abdurahman Abdulle Gedy. Simon Bugeja was the sole survivor.
The application for compensation was filed by Dr Tonio Azzopardi on behalf of Mr Gedy's family, which is resident in Mogadishu, Somalia. Mr Gedy was badly burnt in the explosion and died after a number of days as he waited for rescue. He was buried on the grounds of the mosque in Corradino.
The family referred to the preliminary report on the disappearance of the Simshar, compiled by maritime law expert Dr Ann Fenech and said that Mr Gedy's death was caused by negligence and lack of observance of the law and regulations, including regulations on the use of safety equipment.
They observed that contrary to the provisions of the law and regulations, the Simshar did not transmit data from its Vessel Monitoring System (VMS). It had resulted from the inquiry report that Simon Bugeja did not know how to use the emergency position indicating radio beacon. Neither did he know how to use digital selective calling and the VMS distress button. He did not know, or was not given the necessary training to know what to do in case of an emergency and what measures he had to take to save the lives of his crew.
The judicial letter said that the Fisheries Department had failed to enforce local and EU law and safety standards.
The family called upon Simon Bugeja to provide it with the name of the company with which the Simshar was insured and warned that failure would result in further legal action.
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Pule' Carmel
Jun 11th 2010, 16:31
This " filing for damages" is becoming very interesting. I know of a husband and wife who went for a car drive. While the husband drove, unfortunately he had an accident and his passenger wife was slightly injured. She actually sued and filed for damages against her own HUSBAND who was well insured and his wife got a nice recompensation out of that. I guess it is all legal after all, and the husband wife relation and loving seem to take another interesting aspect.
Sean Grima
Jun 10th 2010, 09:51
bah, this koludrovic guy is probably the least qualified to talk about immigrants, seeing he is probably one himself!
Alexander Grima
Jun 10th 2010, 15:08
Exactly Mr Grima, when was the last time you left home for work, watch a movie, go for a stroll or simply buy pastizzi? Was it perhaps in 1962 when the only people around were the Abelas, the Smiths and the Tagliaferros?!
Sean Grima
Jun 10th 2010, 15:30
i happen to know that the guy is not of maltese origin - btw i was not even alive in 1962.
Alexander Grima
Jun 10th 2010, 15:50
His surname indeed suggests that he is not of Maltese origin, but surely that does not make him any less “legal” than you and I are Sean. May I call you Sean? I guess I could since you were born after 1962 lol … Many foreigners live in Malta; and like you and I, they put on their alarm clocks at 7am to go for work, thus contributing to the country and at the same time earn an income, an income which allows them to, like you and I, enjoy their time off by spending money, thus further contributing to society. So, according to you Sean, what’s in a surname???
J Oatmon
Jun 10th 2010, 07:07
Yes a tragic accident indeed, but if it was not avoidable, could the outcome have much been better if Simon Bugeja, had learnt about safety equipment and its use on his vessel for the sake of his crew?
It seems extraordinary to me that the skipper of the Shimsher "Simon Bugeja allegedly did not know how to use the emergency position indicating radio beacon. Neither did he know how to use digital selective calling and the VMS distress button. He did not know, or was not given the necessary training to know what to do in case of an emergency and what measures he had to take to save the lives of his crew."
The mystery to me, is why did Simon Bugeja did not take the time learn about safety equipment and it's use, to make sure his own son and crew were safe - it was his duty as captain on a commercial fishing vessel. It seems to me, that in Malta, not being professional and 'muddling through' is the norm, instead of the exception.
S. Caruana
Jun 10th 2010, 15:41
Well said! I still believe that there's lots more to this story than what is told. I might be wrong but ...... Simply very mysterious indeed from beginning to end. And ofcourse I agree with what the family of he Somali victim is currently working at. Don't they have a right for compensation like any other human beings?! I hope they do manage to get a full compensation from whoever owes it to them. Who would have surrendered to the fact of having one's own son or brother or whoever the victim lose his life that way due to such ignorance and negligence of an employer? I wouldn't have!
Best of Luck to the Somali family.
Stephen Zammit
Jun 10th 2010, 02:07
Anyone knows whether there were any attempts to return the corpse of Mr. Gedy (God rest his Soul) back to Somalia?
Are Maltese authorities able to validate citizenship and validate true identity of next of kin of a Somali citizen?
Colette Berman
Jun 10th 2010, 01:27
According to Chapt. 420 of the Laws of Malta, once someone has spent 12 months in detention they are entitled to seek employment in Malta. If employment is offered, they cannot be deprived access to this employment. In many countries, and I am not sure this is yet widely known in Malta, one cannot legally act as an employer without third party insurance. Therefore, the request for the name of the insurance company is perfectly reasonable in the circumstances.
Michael Neville Cassar
Jun 9th 2010, 22:51
Start learning oh good Samaritans open your eyes yes you are responsible according to the law illegal or not. You cannot use a person then throw him away as if he is a tool.
Adriano Spiteri
Jun 9th 2010, 18:15
It is always sad to hear that a person lost his life in a tragical accident; trusting the accuracy of the media reportage!.
If this Somali man was an illegal immigrant (most probably), he was already lucky to have made it safely across the channel - if it is as dangerous as JRS claim when they state that these poor brothers came on small boats directly from Africa!
Was this Somali man in possession of a working permit?
IF NOT:
No worker without a valid working permit should be eligible to file such applications. It will only curb abuse. Illegal workers should take full responsibility, be they Maltese or from the African bundu.
If this is the case, then, Mr Bugeja should be processed for employing a person illegally.
Sean Grima
Jun 10th 2010, 08:19
goes on to show that you know next to nothing. the two issues are separate: even if he was employed illegally, his family have a right to compensation.
Peter Korsten
Jun 10th 2010, 08:36
Who says he was here illegally?
Stephen Koludrovic
Jun 9th 2010, 16:20
I hope the lady in question has written proof that she is actually the wife of the deceased person.
Maybe some receipts of monies sent to her by her late husband.
yana micallef stafrace
Jun 10th 2010, 14:53
The article mentions family not wife. The only wife mentioned is that of Bugeja
Mark Galea
Jun 9th 2010, 15:43
This is not a immigrant issue - this is an employer / employee issue ... hope that employers around won't start using their clout to lever it in to an immigrant issue ... if employees lose ... who will lose out there? Employees or Employers?
Kevin Zammit
Jun 9th 2010, 16:20
Agreed that it is an employer/employee issue .... never the less the employee was an illegal immigrant probably claiming refugee status. That means that his family is making use of laws not present in this country, clearly supporting the case because it will benefit them financially - and only because of that and nothing else. I honestly do not think that this family is doing this for the sake of other Maltese workers or remotely still for the sake of other Somali fisherman.
Employee protection is enshrined in Maltese laws therefore if anything we should be questioning how come our authorities did not take action against the employer.
That a foreign family of an illegal immigrant from a completely lawless country seeks redress by law in another that s/he entered illegally in the first place ... so be it ... however the irony of it all cannot but leave one breathless.
wally vella-zarb
Jun 9th 2010, 18:20
@ Kevin Zammit
The nationality of the Plaintiff's ascendant is immaterial, as is also his status vis-a-vis Maltese residency. The vessel was registered under the Malta Flag. Therefore, any claims for compensation need to be examined under Maltese Jurisdiction and, if necessary, in a Maltese Court of Law. Only a Lawyer who is recognised by the State of Malta can address such a Court. Which part of that do you find difficult to understand?
Regarding the question of 'legal' or 'illegal' immigrant, did you know that if, for example, a burglar enters your house (therefore, by definition, an uninvited 'guest') and, while prowling in the dark, bumps against a live wire and is electrocuted, you are still liable for his demise?
Kevin Zammit
Jun 10th 2010, 09:21
@wally vella-zarb
First off I never disputed or placed in doubt the fact that it is the family's right to seek redress ... please do read again my comment ... it is the irony of the situation that was my point not lack of understanding the former.
Second what you speak of is case law not a legal right and as far as I know happened in maybe 2 cases US/UK or both, has nothing to do with Malta i.e. as far as I know and correct me if I'm wrong ... workers and employees rights do not cover full time and/or part time burglars.
wally vella-zarb
Jun 10th 2010, 11:28
@ Kevin Zammit
They would fall under 'Public Liability' and the principle of 'Bonus Pater Familias'.
Kevin Zammit
Jun 10th 2010, 17:45
@wally vella-zarb
trying to impress m8? You know that has nothing to do with this .... as well as legal principles are the fountain of case law anyway ... in layman's terms ... we can discuss when it actually happens.
Kevin Zammit
Jun 9th 2010, 15:13
How ironic is that? We have Maltese soldiers on Dutch ships guarding merchant vessels against Somali pirates because of the lawlessness of the country and now Maltese law abiding citizens (granted maybe mistakes were made) are being made to pay using our own laws!!!!
aaaaaaannnnnddd this Geddy chap (God rest his soul) entered Malta illegally, probably claiming refugee status. .... so hold on a minute ... family seems to be doing ok in Mogadishu ... Geddy seemed to have had to come to Malta illegally to apply .... family does not seem to have a problem using our law courts and applying for compensation from Mogadishu in Malta ... communication channels appear quite clear and open ... am I missing something here?
Let's face it ... the real message we're sending is that laws are made to be broken.
Ara veru dinja ta taht fuq!
David Buttigieg
Jun 9th 2010, 16:06
"am I missing something here?"
Yes, you are missing a lot!
Kevin Zammit
Jun 9th 2010, 16:23
Vague and no point to your statement ... on the same turn I could claim you are missing more
David Buttigieg
Jun 9th 2010, 17:08
OK, if you need it spelt out!
"and now Maltese law abiding citizens (granted maybe mistakes were made) are being made to pay using our own laws"
And you know for a fact that the Captain of the Simshar was obeying safety regulations do you? You know for sure that he is not guilty of criminal negligence that lead to the death of four people? Bully for you, I invite you to come forward with this evidence.
"family seems to be doing ok in Mogadishu"
And what has that got to do with what happened two years ago? Maybe their lot improved and just because HIS life was in danger, which qualifies him for refugee status under international law, that does not imply that his family was too!
"family does not seem to have a problem using our law courts and applying for compensation from Mogadishu in Malta "
Why should it and again, what has one to do with the other?
What you should ask yourself is why no Maltese relative of the victims hasn't done so too!
Kevin Zammit
Jun 9th 2010, 17:42
You are not reading what I posted, I suggest you do so before foaming at the mouth. It seems you need some spelling out
- I said "maybe" ... whether mistakes were made by the Simshar owner or not is not my competence and neither yours, that should be for the authorities to say, that is what I said. In fact my point was to hi-light the fact that you should be more concerned about the lack of authority rather than the immigrant/employee or not issue. But that clearly escaped your agitated mind.
- my point about the state of his family is just to show that people like Geddy are here as economic migrants as opposed to refugees as they claim. You have to watch it here because one can argue that it is only thanks to people like Geddy that come here willing to work illegally and allow employers to take advantage of them that abuses keep going on, thus endangering employees lives. Their presences creates pressure on other potential local employees. They are clearly unaware and not very smart in the way things work here.
A. Mallia
Jun 9th 2010, 20:49
Kevin Zammit - Would you be reasoning the same way if the man's skin was white?
Sean Grima
Jun 10th 2010, 08:23
his family are rightly doing what they consider to be the best for themselves, irrespective what other people think. as for your allegation that these are economic migrants, it is the competent authorities who decide, after assessing the individual's case, whether s/he is eligible for refugee/humanitarian protection status.
J Martinelli
Jun 9th 2010, 15:01
@ Sander Depasquale et al
Does it really matter what Mr. Abdulle Gedy's nationality was? Could he not also been another Maltese citizen who perished with the other crew members? And why should his family, wherever they happen to live, be deprived of information regarding the cause of their relative's demise?
One should not, at this particular time, go into the merits of who it was to blame and why. Already many questions have been asked and not adequately answered and maybe when this all comes in front of the courts, further information may yet come forward and which in fact may influence the outcome of this case.
Lack of basic training has always been the bane of many workers (and employers) in any trade clinging on to the old belief that 'as long as one can get by' everything is OK. Well, this time everything was not OK with the result that several people died and among them was Mr. Gedy.
This case may set a precedent and may serve as an incentive to other employers to make sure to train their employees to help them do their jobs in maximum safety.
David Buttigieg
Jun 9th 2010, 16:05
Well if "this poor fisherman" was following all safety regulations, including ensuring a fully functional life-raft was available and maintained and inspected regularly and thus did not cause the deaths of his son, father and employees through negligence then he has nothing to worry about!
v mercieca
Jun 9th 2010, 14:55
Why is the lawyer asking for the name of the insurance company?
In my opinion he should address his calim against Mr Bugeja and if Mr Bugeja is insured than it is Mr Bugeja who should contact his insurance company to cover the claim.
I believe that something is wrong here.
dvella
Jun 9th 2010, 14:08
Why this delay to file for damages? Who has enhanced it? Surely someone who knows well his business! Someone who knows a portion will reach his bank account of course! I'm sure this poor guy's family members were informed of a possible compensation so they're not to blame!
Jeremy J Camilleri
Jun 9th 2010, 14:03
So a foreigner isn't privileged to enjoy the same laws as a Maltese even if he is working legally?
Has anyone ever realised how these views are in fact destroying Maltese workers?
E.Muscat
Jun 9th 2010, 13:36
So a somali immigrant is employed by maltese fishermen,dies with them in a horrific accident,and who is to blame?:the fisheries department and one of the victims.
From today onwards we should never employ a somali just in case the health and safety standards in Malta are inferior to those practised in mogadishu.
Question:are the pirates in somalia insured so we can claim when a western or eastern malta-registered ship is highjacked by somali fishermen for putting the highjacked sailors in danger or even die sometimes?
J.Cremona
Jun 9th 2010, 13:57
I agree with you 100 %.
David Buttigieg
Jun 9th 2010, 17:11
"So a somali immigrant is employed by maltese fishermen,dies with them in a horrific accident,and who is to blame?:the fisheries department and one of the victims. "
How is Simon Bugeja a victim?
If the Maltese Fisheries Department allowed the Simshar to breach safety regulations then yes, it is responsible!
wally vella-zarb
Jun 9th 2010, 17:59
The skipper of a vessel, whether or not also the employer, is ultimately responsible for the lives of all persons who are legally on board the vessel that is under his command. He is legally bound to ensure that all the crew are aware of what safety equipment there is on board and be able to make proper use of it. The maritime authority of a country lays down the minimum of such equipment that has to be carried on board. This varies from one country to another; France is almost draconian while 'Flags of Convenience are at the other extreme. When these legal responsibilities are ignored or not enforced, then one has to bear the consequences, even personally when there is no insurance.
In this particular case, the respondents are correctly identified.
As for your remarks about Mogadishu standards and what goes on in Somalia, they are frivolous, irrelevant, and do not merit any attention.
lgalea
Jun 9th 2010, 12:15
Since they are still living in Mogadishu and even filing a case in Malta this means that they are in no danger and that therefore there is no danger to others. So what are all the Somalian illegal immigrants doing here? Why were they not repatriated?
Bonello David
Jun 9th 2010, 13:31
So these people escape their countries cos of wars and a misery life & still find the money to pay a lawyer in Malta to sue the fisherman's family for compensation of their lost relative, while they are still in the "supposed" ridden war country. Can somebody tell us the price they're asking for?
David Buttigieg
Jun 9th 2010, 15:17
Laurence Galea,
Your intelligence knows no bounds!
Portelli James
Jun 9th 2010, 11:43
This smells like a 'no win, no fee' case ... I hope my suspicisions are wrong because if it is and if in Malta we are going go go down that route we will be witnessing a rapid escalation in court cases.At best these are not ncessarily well-researched and at worst can also be ill-founded.
The geographical distance, costs involved, potentially available financial resources, time required etc. all seem to hint to an 'ambulance chasing' case in hope of recovery from insurance.
As part of the research that should have been done is/are the plaintiffs aware, for example, that there may possibly not be an 'insurance pot of gold' in this case? At best boths are insured for damage that they suffer (material damage) and damage/injury caused to 3rd parties. If my memory serves me correctly the deceased was an employee (regularly or irregularly employed) and therefore would not qualify as a 3rd party under the marine (hull) insurance policy. It is unlikely that the owner had a separate Employers' Liability policy.
Under the circumstances and given the length and expense of the adjudication with possibly no insurance resource to recover from, one may have been shooting his own foot.
Joseph Attard
Jun 9th 2010, 12:04
While your points make sense, these should not serve as an obstacle for the family of the employee to seek justice and compensation. The case should be brouht to justice and if the claims are found to be true, then it should serve as an example and teach all employers to safeguard their employees.
CZarb
Jun 9th 2010, 12:08
James is right.
Sander Depasquale
Jun 9th 2010, 11:42
Incredible!!!! How can people from Mogadishu gets all this information about the maltese law!!!!
Joseph Attard
Jun 9th 2010, 12:00
They have maltese lawyers. They are getting what they are entitled to.
Peter Korsten
Jun 9th 2010, 12:50
Money sent from Somalis abroad is the largest source of income in Somalia, and presumably Mr Gedy was no different, supporting a family whilst working in Malta. That source of income is now gone.
If the courts would find that Mr Bugeja has indeed been negligent, then the family of Mr Gedy are entitled to compensation, just as much as a Maltese family had been.
Mind that there are a lot of 'ifs' and conditional statements in that sentence; I'm not making any statement of the purported negligence.
Bonello David
Jun 9th 2010, 13:35
Ask the lawyer???????????????????????? For sure he can give you an answer.
Stephen Koludrovic
Jun 9th 2010, 15:47
I beg to differ with Peter on this.
The largest source of money for the Somalis seems to come from PIRACTY !!
Peter Korsten
Jun 10th 2010, 08:34
@Stephen: wrong. According to Wikipedia, taken from the CIA World Factbook:
"In addition, funds transfer services have become a large industry in the country, with an estimated $2 billion USD annually remitted to Somalia by Somalis in the diaspora via money transfer companies."
No way pirates take $2bn annually.