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In January the Westerhaven cargo ship ran aground on Belize’s barrier reef – 32 miles from Belize City The ship was exiting Belize through the English Caye Channel when it ran into bad weather and the barrier reef near Caye Glory – a spawning site for the Nassau grouper. The reef sustained massive damages. More than 18,000 square meters of pristine reef had been affected. And more than that, the Port Authority ruled that the ship and its captain Fritz Schroeder were negligent.

Government is suing the ship’s owner for US$18 million but the ship’s owners say that’s way too much. So the case went to trial today and we were in the Chief Justice’s courtroom for the first day of testimony which included video footage of the damaged reef. Keith Swift has this report.

Keith Swift Reporting,
This underwater video shows the damage caused by the Westerhaven when the giant cargo ship ran aground. It tore through 18 thousand square meters of pristine reef in the area of Caye Glory on January 13th. Marine scientist Melanie McField accompanied 7News when we visited the site and she was the government’s star witness.

Melanie McField, Marine Scientist
“It was just to report on the damage assessment that we had conducted at the site right after the Westerhaven came in. I entered in the video tape into testimony. So the judge was able to look at the video and see the damages and discuss how we prepared the first preliminary report.”

Keith Swift,
“How extensive was the damage?”

Melanie McField,
“It was extensive. We did a preliminary report and the core damage area was a little over seven thousand metres square but subsequent to that, there is a more detailed report that has it a little bit less, 6,000 or something but that will all come out in the case tomorrow, I don’t want to say too much.”

The governor’s lead attorney Deanne Barrow says the case is half done since the owners of the Westerhaven have already admitted that they damaged the reef.

Deanne Barrow, Attorney for Government
“The case is going well because right before trial the defense conceded liability so that means half of the case is gone and the issues are now narrow.”

And that narrow issue is the cost of damages. Government says it is US$18 million but Michael Young – attorney for the Westerhaven’s owners – says that under a 1976 convention – there is a cap on damages.

Michael Young, Attorney for Westerhaven
“There is a convention which was actually adopted in 1976, it is called the Limitation of Liability for Maritime Leans and what that basically says is that ship owners, charterers, operators, managers of ships are protected when there is an accident in a country, which is a party to the treaty and so the maximum damages that can be awarded against them, once the convention applies is set by the convention and so that is what it means. And in this case, our clients who are the owners of the ship and also the charterers of the ship are saying that they are entitled to have their liability, that there is a ceiling on it under that convention.”

Keith Swift,
“And what would be that ceiling?”

Michael Young,
“Well the ceiling that we have calculated around US$2 million.

If you don’t have these limits applying then it could affect shipping, it could affect international trade because when a company sends its ship to a jurisdiction then they need to know that their liability is limited otherwise as a matter of fact a claim could result in the loss of the ship.”

Keith Swift,
“The defense attorney says that while they have conceded liability, that the amount being sought is just too high.”

Deanne Barrow,
“Well how do you put a price tag on a precious natural treasure such as the reef? It will be contentious. It is difficult to value something like a natural resource and so that’s why we have these scientific techniques that the scientists have collaborated on and have come up with. But it is a difficult exercise.”

Michael Young,
“We understand that when it comes to environmental damage that is important for any country and it is particularly important for Belize but you have the international situation where you want to have limits which shippers know that they are protected by when they send their ships to the country.”

Deanne Barrow,
“It will be divided by the court. I have confidence in my case. The treaty exists and we will hear the legal arguments tomorrow on that.”

The two other witnesses called were Kera Forman from the Fisheries Department and Jeavon Hulse from the Department of Environment. As attorney for the Department of Environment Deanne Barrow mentioned, two experts on the quantifications have been sworn in and they will take the stand tomorrow.