A Gozo Channel ferry captain has warned that an expired safety exit certificate, which could have been renewed easily, voids the insurance cover for the vessel.

It is unfair for him to be ‘watchdogged’ by political people

MV Gaudos ship master Mario Grech was suspended from the roster last week after refusing to board passengers to full capacity, because of what he alleged was an expired certificate. He has since been reinstated.

Capt. Grech had made similar claims three years ago and when asked last week about his latest one, Finance Minister Tonio Fenech had said “the safety certificates had all been in order” when they were checked back then.

Capt. Grech’s lawyer, Kevin Mompalao, yesterday laid into the minister over that comment.

“It is misinformation to state that the safety certificate – the Starboard Marine Evacuation System – was checked three years ago, when this certificate has a one-year life span and was last confirmed on April 29, 2011,” Dr Mompalao said.

“The minister might not be aware of the serious consequences of this expired certificate – including that it voids any insurance cover.”

He said the issue could have easily been avoided through a “timely communication” with the transport authority, asking for an extension of the certificate.

The company’s board of directors is verifying the fresh allegation made by Capt. Grech, a finance ministry spokesman has now told The Times.

In 2009, Capt. Grech made a number of claims over breaches of safety and disciplinary proceedings were initiated against him.

The disciplinary board cleared him of making unfounded and malicious accusations against the company. However, a separate inquiry board set up by the minister had dismissed Captain Grech’s safety concerns.

Captain: Expired safety exit certificate could have been renewed easily

Dr Mompalao said it was unfair for his client to be “watchdogged” by political people “who are ready to interfere even on technical matters when all he is doing is improving and assuring the safety of all on board, including politicians”.

Instead the minister felt he should resort to the issues raised three years ago by Capt. Grech and was trying to take advantage of the fact that the captain’s acquittal by the independent disciplinary board, and his consequent reinstatement, was never made public, the lawyer said.

Mr Fenech appeared to prefer to believe an inquiry board that included people who either worked in his ministry, fell under him or had a direct conflict of interest, and discard the findings of a “truly independent board” that consisted of a former judge, a lawyer and a ferry company representative.

The disciplinary board “dismissed company claims that my client acted unprofessionally as unsubstantiated” and clarified that a ship master “is ultimately responsible for the safety of his ship and all those aboard,” he added.

When asked to confirm Capt. Grech’s new claim over the safety certificate, the ministry spokesman said Mr Fenech “will not go into the technical issues”.

The minister, he said, had referred to the technical allegations Capt. Grech had made publicly three years ago and which were described as unfounded in the inquiry report.

“When Capt. Grech made a series of very serious allegations on the ferry’s operations, the minister gave him full protection until such time as an independent board, set up by the minister, established the facts.”

Out of the eight “serious allegations” highlighted by the captain, that board said “these were found untruthful except for one”. Yet he disciplinary board had decided to reinstate him “with no further action and specifically ignoring the independent report for a reason till today the minister cannot understand,” the spokesman said.

However, Mr Fenech “accepted the decision and decided to move on”.

Last week, nearly two months after he was reinstated, Capt. Grech filed a police report against Gozo Channel operations manager George Borg, who was arraigned last week accused of damaging Mr Grech’s property at hisGħasri home, slightly injuring and threatening him.

It is believed the incident is linked to the fresh safety claim raised by the captain.

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