Charter YHacht Skipper Receives Summons from Greek Court.ossible Imprisonment

[Steve C Cronin]

A charter boat skipper who just went along to be the experienced person on board for a family of friends has received a summons to appear in Greek court for "Causing a Shipwreck" which carries a mandatory custodial sentence after hitting an unmarked but charted rock in the Aegean. The boat was towed to safety after he called for help as the steering appeared to be jammed. Subsequently he discovered that it wasn't jammed but that the autopilot had been left engaged. However, his "rescuer" would not release the tow. He of course lost his charter deposit but returned to the UK thinking that was the end of the matter until the summons arrived.

What would you do now in his position?

 

[bigwow]

If the steering is "locked" isn't the first thing you look at the autopilot?

 

[Steve C Cronin]

If the steering is "locked" isn't the first thing you look at the autopilot?

There are possibly many things he could have done with hindsight but my question is about going forward. What would you do NOW?

 

[rivonia]

Find a very good solicitor in Marine Law. I think this is a joke.

 

[Steve C Cronin]

Find a very good solicitor in Marine Law. I think this is a joke.

Directly copied from the CA forum. He provided his phone no too.

 

[rivonia]

Directly copied from the CA forum. He provided his phone no too.

What I meant by saying I think this is a joke.is...It is a joke that the greek Govt dept can do this!

 

[Cardo]

Hindsight and all that, but I think I would've been removing that tow line pronto. Lines can be removed from both ends...

 

[Clarky]

There is no way for the Greek court to enforce their summons, unless he goes voluntarily back to Greece, the same as these Euro speeding fines, unless your still in the country they are not enforceable.

 

[ribrage]

Directly copied from the CA forum. He provided his phone no too.

Well for a start Id call him up with a prank call and pretend to be the greek police or something similar ….. but thats just me

 

[jimbaerselman]

There is no way for the Greek court to enforce their summons, unless he goes voluntarily back to Greece, the same as these Euro speeding fines, unless your still in the country they are not enforceable.

Sorry off topic, but:

If speeding fines aren't paid on the spot, some police in Greece have been removing foreign number plates!

 

[rivonia]

Sorry off topic, but:

If speeding fines aren't paid on the spot, some police in Greece have been removing foreign number plates!

Can you please explain. I am confused

 

[jimbaerselman]

Apologies!

Of topic, about cars I'm afraid. But the Greeks are introducing a number of ingenious schemes to ensure debts/fines/moneys due are paid.

Some foreign cars being driven in Greece were being pulled up for speeding, and given tickets payable at the local cop shop for fines. A lot didn't bother, expecting to get away with it. So some police remove the number plates if a car doesn't pay up on the spot. Cars can't cross borders (board ferries) without number plates.

 

[rivonia]

Apologies!

Of topic, about cars I'm afraid. But the Greeks are introducing a number of ingenious schemes to ensure debts/fines/moneys due are paid.

Some foreign cars being driven in Greece were being pulled up for speeding, and given tickets payable at the local cop shop for fines. A lot didn't bother, expecting to get away with it. So some police remove the number plates if a car doesn't pay up on the spot. Cars can't cross borders (board ferries) without number plates.

Ahh got it thanks.

 

[nimbusgb]

Spare set of plates under back seat.

 

[AndrewB]

A charter boat skipper who just went along to be the experienced person on board for a family of friends has received a summons to appear in Greek court for "Causing a Shipwreck" which carries a mandatory custodial sentence after hitting an unmarked but charted rock in the Aegean. The boat was towed to safety after he called for help as the steering appeared to be jammed. Subsequently he discovered that it wasn't jammed but that the autopilot had been left engaged. However, his "rescuer" would not release the tow. He of course lost his charter deposit but returned to the UK thinking that was the end of the matter until the summons arrived.

What would you do now in his position?

Tut, tut, Steve, thought you'd have known better. First off, recommend changing your identity on YBW.

 

[Steve C Cronin]

Tut, tut, Steve, thought you'd have known better. First off, recommend changing your identity on YBW.

?? Am I being a bit slow, Andrew?

 

[dslittle]

?? Am I being a bit slow, Andrew?

I think it goes along the line of 'a friend I know did...'

 

[Tony Cross]

We ran aground off Killini port earlier this year. I won't go into detail (unless you ask ) but SWMBO injured her hand and at the time we didn't know how badly. Once we were in the port after being towed off by a fishing boat the port police wanted to interview us. They asked SWMBO if she considered what happened an accident or whether she though I was at fault. Fortunately she said it was an accident. The port police sergeant smiled and told us that he had to ask because under Greek law the skipper of any vessel is legally responsible for the safety of everyone on board. Had SWMBO said that she thought I was at fault he said they (the port police) would have pressed charges against me for hazarding the safe navigation of a vessel.

 

[jimbaerselman]

I've found out more about this.

Any injury on a boat, or damage caused by accident or collision, should be reported to the port police (PP). In practice, this doesn't happen unless PP are notified by a call for help. Events then go into the PP log books. These are then inspected to see if any laws have been breached. If there's any whiff of negligence (hitting charted rocks or shallows) then any resulting damage/injury could be a criminal offence. The charge will be listed to go to court for a first hearing.

Greece has no equivalent to the Crown Prosecution service. So there is no test of "is it in the public interest", "proportionality", "what's the chance of it succeeding" before cases are prosecuted. The result is a queue of 3 to 5 years before an enormous number of trivial cases are heard.

An incredible number of infringements allow for "minimum prison sentences of 2 years". Unsurprisingly, prisons are full. Those found guilty are, as a result, either sent to what can best be called open prison camps, or are given suspended sentences and sent home.

Also, unsurprisingly, Greeks will never call for assistance from PP or coastguard if they need maritime help. First, they'll ring up their mates by mobile phone . . .

 

[jimbaerselman]

Moral of the story is only put out a Pan Pan or Mayday in Greece if you want no help and a lot of paperwork and expense.

True, sadly.

Full procedure is documented on http://www.jimbsail.info/greece at the "Cost of Calling for Assistance" paragraph.