MercoPress. South Atlantic News Agency

Penguin News Update.

Headlines:
Fines follow ship's spill; Mastin's Point choice for Murrel road route; Custody could follow attack; Court correction: Yon not guilty; Sheffield veteran returns.

Fines follow ship's spill

THE owners and master of the reefer vessel which ran aground near Cochon Island, causing a fuel spill which badly affected wildlife in the area, have been fined in the Magistrates Court. The master of Novia Scotia(above), Mr Peter Mosselburger, pleaded guilty on Wednesday to an offence contrary to Section 5(1) of the Oil in Territorial Waters Ordinance 1960. The vessel's owners, Thien and Heyenga GmbH from Hamburg, Germany also entered a plea of guilty, through their legal representative, Mr Richard Marlor. The two parties were charged with failing to report a spill to the Harbour Master on April 20, after damage was caused to the vessel. The court heard that the ship's log recorded an oil spillage from number four tank on the port side at 7.30am on April 20. The ship had collided with Cochon Island at approximately 1.45am, and then steamed a short distance before assessing the damage. The ship's agents, Falkland Islands Company Ltd (FIC), reported the ship's grounding to the Harbour Master at 8.15am and divers were requested to asses the damage to the propeller and rudder; there was no report from the vessel about oil spillage. At 12.40pm, FIC agent Alan Henry was informed of the existence of an oil spill and he visited the vessel on a launch. He discovered a slick which he estimated to stretch 3.5 nautical miles and 20 metres wide. Crown Counsel Ros Cheek said that from that point the Harbour Master was satisfied that all the necessary steps to reduce the spillage were taken. She said as the damage was to the hull of the ship it was not appropriate to bring the vessel in to Stanley. When asked why he had not reported the spillage forthwith, the ship's master, Mr Mosselburger, said he had been concerned to make the discovery himself, but it did not seem visually very serious and therefore he did not consider it was an urgent matter to inform owners. He said there was no deliberate intent to conceal the spill; he had been aware the agency's launch was on the way to inspect the vessel and that it may have been the strain and pressure he was under that prevented him from reporting the incident immediately. Defence lawyer Richard Marlor said the facts of the case were not in dispute, however he added that the cause of the damage was an "uncharted rock" just off Cochon Island. Mr Marlor said there was "nothing sinister" behind his client's actions and Mr Mosselburger had not intended to conceal anything. In sentencing, Senior Magistrate Clare Faulds said it is the master's specific duty to report any spillage "forthwith" and forthwith means, "...just that, not even in reasonable time." She said the master must have been aware of the environmentally sensitive waters around the Falkland Islands and, while she understood he had been under strain, nevertheless he had a responsibility as master of the ship to report the incident. The maximum penalty for such an offence is £10,000. Mrs Faulds said that in the circumstances she would impose a penalty of £1,500 each on the master and the owner; each party will also pay £250 as a contribution to costs incurred by the government and a further £70 each for prosecution costs.

Mastin's Point choice for Murrel road route

THE route for the new road to Murrel Farm, with a crossing at Mastin's Point, has finally been decided upon by Executive Council. Described by the Acting Governor, Miss Harriet Hall, as "probably one of the most emotive and controversial issues which has arisen over the last few months," the route through Mastin's Point was initially chosen on engineering grounds. However, when it was announced there were a number of objections on the grounds that this route would have a significant negative impact on the area which is a local beauty spot and popular with fishermen, alternative routes were explored. Announcing Executive Council's decision this week, Miss Hall said expert advice has been sought from Fisheries Department on the fishing aspects and from the Environmental Planning Department on other issues. After considering all the options, she said, councillors decided that the route originally planned across Mastin's Point should stand, "...but that work should not begin until a satisfactory management plan for the site had been drawn up in outline." She explained, "The plan's aims will be to detail how best to protect the natural environment, in particular the fish stocks, and it should address not only the effect of building the road but also any potential effects of increased access." The plan is to be submitted to Executive Council in September.

Custody could follow attack

TWO men are likely to face custodial sentences after an alleged vicious assault on a third man. The two, Ryan Hawksworth of Stanley and military firefighter Christopher Saunders, face a number of charges after a night of violence which included an attack on Gene Berntsen, leading to his hospitalisation in early April. The Magistrate's Court heard on Wednesday that, since the attack, Mr Berntsen has suffered frequent headaches, dizziness, nose bleeds, and pain behind the ear as a result of the assault and he experiences fear when going out. A third co-accused, Andrew MacDonald of Stanley, faces connected charges but is not likely to face a custodial sentence. More on page 3

Court correction: Yon not guilty

PENGUIN NEWS wishes to correct an article published in last week's edition entitled ?Custodial sentence considered for Yon' in which we wrongly stated that Mr Barry Yon had been found guilty of threats to kill his ex-partner, Miss Genieve Youde, and of an assault against her. Mr Yon was, in fact, found not guilty by the Senior Magistrate, Clare Faulds, after his trial on both these two charges; Mr Yon previously pleaded guilty to a separate charge of being in possession of a bladed article in a public place, for which he will be sentenced by the court in due course. At the end of Mr Yon's trial on Friday, April 22, 2005, the Senior Magistrate stated in court that she had carefully considered and reviewed the evidence in relation to the burden and standard of proof required for both charges. In relation to the first alleged offence, that of making to another person a threat, intending that that other person would fear it would be carried out, to kill that other or a third person, Mrs Faulds said that there was some doubt as to the actual words used. In this case, there was perhaps some sort of threat made, but it did not amount to enough to convict Mr Yon. The burden and standard of proof required for this offence had not been discharged and Mr Yon would be acquitted. In relation to the charge of assault, Mrs Faulds stated that there was unquestionably some doubt concerning who assaulted whom first and Mr Yon was entitled to an acquittal. Penguin News apologises to Mr Yon for any upset which may have been caused by the errors contained in last week's report. Any distress this mistake may have caused Mr Yon is very much regretted by the staff of Penguin News.

Sheffield Veteran returns

HMS SHEFFIELD, the British warship sunk by an Argentine Exocet missile during the Falklands War, has been honoured by a former crew member visiting the Islands this week. Mark ?Ginge' Hiscutt visited Sea Lion Island on Wednesday to pay a personal tribute to his ship mates who died aboard the vessel on May 4, 1982. Penguin Newshopes to publish an interview with Mr Hiscutt next week.