Prosecutor requests 120-day suspended prison sentence for supervisor at KNM “Helge Ingstad” – NRK Vestland

– It is right to establish personal criminal responsibility, says prosecutor Magne Kvami Celta of the duty chief at KNM’s Helge Ingstad.

On Wednesday, the prosecution held its deliberations in the intense trial after the collision of the KNM frigate “Helge Ingstad” with the oil tanker “Sola TS” outside Stureterminalen in Hjeltefjorden on November 8, 2018.

The prosecution demanded that the accused warden be sentenced to 120 days parolewith a probationary period of two years.

The only mitigating circumstances highlighted are processing time, specifically that the case has been left for more than a year with the Attorney General.

cannon Christian Lundin does not want to comment on the allegation, so he will hold his own proceedings tomorrow.

The trial lasted more than two months, and three days were allotted for completion in the Hordaland District Court.

Throughout the trial, the prosecution attacked the assessments made by the 33-year-old duty manager prior to the collision.

The captain of the watch is being prosecuted for causing marine damage through negligence. He is also charged under the Military Penal Code for failing to comply with his duty.

He has always denied any criminal responsibility for the accident.

Many also responded to the fact that he alone is the accused in the case.

compared to the Sleipner accident

Prosecutor Benedict Hogseth compared the crash in Heltfjorden to the Sleipner accident in 1999.

She highlighted how Sleipner’s captain was found guilty and how no one came to his defense saying his actions were the result of system failure or lack of training.

Toward the end of the proceedings, Sleipner’s incident was concluded as the only judgment to which we were naturally to take as a point of departure.

– The level and starting point in this case must be the same as in the case of Sleipner, although no loss of life occurred during the collision in the Hjeltefjorden.

In the Sleipner case, the captain was given a suspended six-month prison sentence in the Court of Appeal.

– “We believe the degree of negligence of the accused jailer is more serious than that of Sleipner’s captain,” Hogseth said before she applied for a 120-day suspended prison sentence.

Have the skills to act responsibly

Prosecutor Magne Kvami Selta went into more detail about the basis of criminal responsibility in the case.

– BThe evidence provides a basis for proving that the defendant bears much of the blame, and that it is correct to establish personal criminal responsibility, Selta said.

It was concluded that the inexcusable behavior of the defendant watch commander was the main cause of the collision in the Hjeltefjorden.

– Had he kept proper lookouts, sailed at a safe speed, and used all available means, he or she would have detected the object on his starboard side as Sola TS, and the collision would not have occurred.

Celta also included the degree of neglect.

– FifthThe general opinion is that the degree is much higher than the level of simple neglect.

– He had the necessary skills

Celta also highlighted the Watch Commander experience. The Prosecutor believes that there is no doubt that the warden received a thorough education and the necessary work experience.

He pointed, among other things, to the ship’s captain, Preben Ottesen, who During the trial he said he trusted the jailer a lot, who had trusted him eight months before the collision.

“I wouldn’t be able to sleep on a frigate if I didn’t trust the watch commander whom I trusted to navigate my ship,” Ottesen said while explaining.

– Celta concluded that he had the necessary skills to be able to act responsibly as a Watch Leader on the bridge, and added that there was absolutely no basis for lowering the requirements and expectations of care from the Watch Leader.

Celta believed that the duty manager explained himself in a way that gave reason to question whether he understood the expectations placed on the duty manager.

It noted among other things that the defendant Watch Commander expected others on the bridge to be responsible for radar monitoring and reporting.

– FifthUnder oath to express this in court, the defendant reflects our expectations of his role as custodian. He is the one who will take the initiative to gather information and be proactive on the bridge. Celta said he should not sit idly by and wait for him to advance, he should lean forward.

Criticism of the commander of the Navy

In the prosecution’s proceedings, criticism was also leveled at the commander of the Norwegian Navy, Rune Andersen. Andersen indicated that it was access to information obtained by the police that led to the trial of the warden.

Andersen said the outcome of the investigation meant they had to consider whether they should be as open as they were, should an accident happen again.

– Hogseth said: We think it is populist and speculative for the Navy commander to insinuate that the differing access to information is the background to the indictment against the commander of the watch..

Høgseth also emphasized that the actions of Sola TS and Fedje VTS could not be of any significance for the assessment of the defendant’s due diligence.

– Sola TS’ actions were not of an unusual or unexpected nature. They also obeyed the rules of the sea. Nor did Fedje VTS exhibit any unexpected or unusual behaviour, nor did it affect the defendant’s understanding of the situation or his actions.

Read all of NRK’s ​​cases about the trial here.