Machine translation from English source
Experience has shown that after a major accident, the state of mind of those involved is such that it is almost always unwise for them to undertake obligations in the form of letters, reports or extended journal entries.
It should be remembered that according to the law, all documentary materials, including telex
messages, faxes, telegrams and even RT conversations between the master and
The Company's office may be summoned and used as evidence by the opposing party against the Company's interests.
The prefix (“For the information of the Company's lawyers in anticipation of litigation”) is required at the head of any written report relating to an incident in which future litigation is possible. This makes the report a "private communication" by law and in some circumstances should not be disclosed to solicitors representing any party involved in the incident. However, communications between the captain and the lawyers are confidential.
It is therefore important that all reports, communications, journal entries, etc. be concise and factual and consistent with the accuracy with which they can be made. Masters and other participants must refrain from expressing opinions regarding the events that took place (crew list).
If, after reviewing the master's preliminary accident report, the company determines that additional information is required, arrangements will generally be made to have a representative of the company's lawyers present to obtain detailed statements from the master and officers and ratings involved.
The Company recognizes that an accident can happen to even the best vessel, but expects that the circumstances will always be communicated candidly. Any deliberate attempt by any person to misrepresent facts or falsify documents will be dealt with strictly.
A true account of events is disclosed for the benefit of the Company and individuals. Even when an investigation into a major incident reveals that a ship has a poor record, it is better to first fully know the weaknesses of the case rather than discover that what appeared to be a serious case has collapsed, as this will inevitably result if based on inaccuracies or lies.
Evidence in court
The evidence required may vary depending on the circumstances of each case, but the following witnesses (crew list) will almost certainly be required:
Master.
Officer of the watch
Pilot (if available)
Any other
a person on a bridge, during, before or immediately after a collision or incident.
Engineer on watch (crewing list)
Any other watch in the engine room.
It is very important that clear and precise answers are given to the questions posed by the court. Any officer using radar will be asked to accurately remember the bearings and relate them to his own ship's navigation.
Brief notes recording these details can be written as memos, but it should be remembered that these notes may be used as evidence.
The helmsman will be asked to recall events associated with the steering and heading of the vessel during a collision or incident, and the observer will be asked to recall events associated with the movements and actions of the other vessel while they are in view.
The court must also know what engine movements were given, with an estimate of the time interval between the last engine movement and the collision or incident, and what the engine speed and/or pitch settings were at the time of the collision or incident.
