Parties reach settlement over 2018 pier strike incident in Guam's Apra Harbor
The US government, via the Department of Justice (DOJ), and Japanese shipping company Mitsui OSK Lines (MOL) have agreed to a settlement in a case wherein an MOL-operated cruise ship struck a pier on the island of Guam more than five years prior.
The DOJ filed a lawsuit in 2023 to seize and sell the cruise ship Nippon Maru to satisfy damages it caused when it crashed into the US Navy-operated facilities at Apra Harbor on the night (local time) of December 30, 2018.
US Coast Guard personnel administered a breath test to Nippon Maru's captain four to five hours after the incident in accordance with protocol and discovered that his alcohol level was well in excess of the legal limit of 0.15 mg per litre.
The captain had earlier defended his actions, claiming that he drank the alcohol only after the collision as a way to calm his nerves.
According to the lawsuit filed in March 2023, Nippon Maru's captain failed to exercise caution during the voyage, causing the cruise ship to crash into the pier. The suit also alleges that the captain failed to conduct formal captain/pilot communication, failed to maintain radio contact with the assisting tug, and failed to maintain situational awareness during the voyage.
The accident resulted in a crack near the stern of the cruise ship just above the waterline, exposing the inside of the hull. It was not until January 11, 2019, that the necessary repairs were completed.
The US Navy said that the accident resulted in damages amounting to at least US$8 million.
The National Transportation Safety Board (NTSB) determined that the probable cause of the accident was the captain's intoxication while manoeuvring the vessel, which led to engine failure. The board also noted that although the pilots did not speak Japanese, all communication between the captain and his officers was conducted in Japanese.
After the incident, the captain admitted to drinking. However, the NTSB concluded that, based on the results of subsequent blood tests, the captain may have consumed more alcohol than he initially reported.
Both the DOJ and MOL engaged in several rounds of settlement negotiations before the lawsuit was filed in the United States. Prosecutors said it would take about 30 before the settlement will be given final approval.
