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| Covid outbreak on Ruby Princess ‘not an accident’ and cruise should never have sailed, court told | Covid outbreak on Ruby Princess ‘not an accident’ and cruise should never have sailed, court told |
| (7 months later) | |
| Operators reject class action claims it was ‘negligent’ for ship to sail as it had insufficient medical supplies to combat an outbreak | Operators reject class action claims it was ‘negligent’ for ship to sail as it had insufficient medical supplies to combat an outbreak |
| The companies operating the Ruby Princess cruise ship have rejected allegations they were responsible for the 2020 Covid outbreak that led to the deaths of 28 people. | The companies operating the Ruby Princess cruise ship have rejected allegations they were responsible for the 2020 Covid outbreak that led to the deaths of 28 people. |
| Charterer Carnival and shipowner Princess Cruise Lines are facing a class action in Australia’s federal court over the outbreak. | Charterer Carnival and shipowner Princess Cruise Lines are facing a class action in Australia’s federal court over the outbreak. |
| David McLure SC, for the companies, told Justice Angus Stewart on Wednesday there was no requirement from the Australian government to screen passengers and international travel restrictions had not been introduced on 8 March 2020 when the cruise departed Sydney for New Zealand with 2,641 passengers. | David McLure SC, for the companies, told Justice Angus Stewart on Wednesday there was no requirement from the Australian government to screen passengers and international travel restrictions had not been introduced on 8 March 2020 when the cruise departed Sydney for New Zealand with 2,641 passengers. |
| Of the 1,679 Australians onboard, 663 are believed to have caught Covid. | Of the 1,679 Australians onboard, 663 are believed to have caught Covid. |
| The ship eventually turned around because of suspected cases. It docked back in Sydney on 19 March. | The ship eventually turned around because of suspected cases. It docked back in Sydney on 19 March. |
| Crew lined the gangway as passengers – some seen coughing and spluttering – left the ship. They caught trains, buses and even overseas flights to get home. | Crew lined the gangway as passengers – some seen coughing and spluttering – left the ship. They caught trains, buses and even overseas flights to get home. |
| In his opening, McLure said there was no requirement from NSW Health to have enough masks for everyone aboard when the Ruby Princess sailed. | In his opening, McLure said there was no requirement from NSW Health to have enough masks for everyone aboard when the Ruby Princess sailed. |
| At the time, Covid was presenting as a mild disease in most cases and there was no evidence to support airborne spread. There were just 80,000 cases worldwide, the defence barrister said. | At the time, Covid was presenting as a mild disease in most cases and there was no evidence to support airborne spread. There were just 80,000 cases worldwide, the defence barrister said. |
| McLure rejected the notion the companies could protect people from a communicable disease. | McLure rejected the notion the companies could protect people from a communicable disease. |
| “Even if all the precautions had been taken, all of those precautions would not have been capable of eliminating the virus from the cruise ship or any other environment,” he said. | “Even if all the precautions had been taken, all of those precautions would not have been capable of eliminating the virus from the cruise ship or any other environment,” he said. |
| If it was possible, he said, that duty of care would apply to all premises for all diseases. “Humans are prepared to take risks,” he said. | If it was possible, he said, that duty of care would apply to all premises for all diseases. “Humans are prepared to take risks,” he said. |
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| McLure rejected the suggestion cruise ships were particularly susceptible to disease outbreaks like Covid. | McLure rejected the suggestion cruise ships were particularly susceptible to disease outbreaks like Covid. |
| He said there were many places on the Ruby Princess where people could self-isolate, taking the jusge through videos and floor plans showing the many spaces on the ship. | He said there were many places on the Ruby Princess where people could self-isolate, taking the jusge through videos and floor plans showing the many spaces on the ship. |
| “It’s not correct to say when a person is on a cruise ship they are then removed from the ability to take themselves out of any particular setting where they feel uncomfortable,” he said. “As [you] saw from the video, at least one thing someone could do if they chose to, is go on a cruise ship and isolate themselves.” | “It’s not correct to say when a person is on a cruise ship they are then removed from the ability to take themselves out of any particular setting where they feel uncomfortable,” he said. “As [you] saw from the video, at least one thing someone could do if they chose to, is go on a cruise ship and isolate themselves.” |
| Earlier Ian Pike SC, for the lead plaintiff, Susan Karpik, said the companies had failed in their duty of care to passengers. | Earlier Ian Pike SC, for the lead plaintiff, Susan Karpik, said the companies had failed in their duty of care to passengers. |
| He said the companies knew the risk Covid presented, had other ships where deaths had occurred and did not have enough masks for the passengers and crew. He said the cruise should have been cancelled. | He said the companies knew the risk Covid presented, had other ships where deaths had occurred and did not have enough masks for the passengers and crew. He said the cruise should have been cancelled. |
| “What occurred was not an accident,” he said. | “What occurred was not an accident,” he said. |
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| Pike said two sister ships had suffered outbreaks – including 700 cases and seven deaths on the Diamond Princess which had sailed out of Japan – in the weeks beforehand. | Pike said two sister ships had suffered outbreaks – including 700 cases and seven deaths on the Diamond Princess which had sailed out of Japan – in the weeks beforehand. |
| The Ruby Princess had an outbreak during its previous cruise, which had docked in Sydney on the morning of 8 March with dozens of passengers reporting symptoms. | The Ruby Princess had an outbreak during its previous cruise, which had docked in Sydney on the morning of 8 March with dozens of passengers reporting symptoms. |
| As a result, he said, the Ruby Princess had insufficient medical supplies to combat an outbreak. | As a result, he said, the Ruby Princess had insufficient medical supplies to combat an outbreak. |
| Crew had failed to obtain enough masks because of a global shortage and ran out a day into the cruise. | Crew had failed to obtain enough masks because of a global shortage and ran out a day into the cruise. |
| “This boat never should have sailed,” Pike said. “It was negligent to do so.” | “This boat never should have sailed,” Pike said. “It was negligent to do so.” |
| Pike said passengers were not protected during the cruise, with no social distancing, activities continuing as normal, and very little in the way of effective quarantining. | Pike said passengers were not protected during the cruise, with no social distancing, activities continuing as normal, and very little in the way of effective quarantining. |
| “Very few people, if any, remained in quarantine for any more than a couple of days.” | “Very few people, if any, remained in quarantine for any more than a couple of days.” |
| Karpik, who joined the cruise with her husband of 50 years Henry, went on to develop Covid. | Karpik, who joined the cruise with her husband of 50 years Henry, went on to develop Covid. |
| Her husband did too and spent four weeks in an induced coma and still suffers several debilitating conditions, requiring constant care from his wife, the court has heard. | Her husband did too and spent four weeks in an induced coma and still suffers several debilitating conditions, requiring constant care from his wife, the court has heard. |
| The case is expected to last at least four weeks. | The case is expected to last at least four weeks. |