Court Finds Nobody Criminally Responsible for 2002 Oil Spill

http://www.nytimes.com/2013/11/14/world/europe/court-finds-nobody-criminally-responsible-for-2002-oil-spill.html

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MADRID — A Spanish court on Wednesday absolved the defendants of criminal responsibility in the sinking of a tanker 11 years ago that led to one of Europe’s worst oil spills and devastated Spain’s northwestern coastline.

The only defendant sentenced was Apostolos Mangouras, the Greek captain of the oil tanker, the Prestige, but for disobeying orders rather than for any criminal wrongdoing or responsibility for the environmental disaster. The judge also ruled against awarding further financial compensation in the ship’s sinking.

Wednesday’s ruling came 13 months after the trial began in the city of A Coruña, in the region of Galicia. Even before the trial, the slow pace of Spanish justice had fueled grievances, particularly among citizens who helped clean up beaches fouled by the sinking in November 2002.

But the trial also had political resonance because some conservative politicians who now govern Spain held top posts at the time of the spill, including the current prime minister, Mariano Rajoy, who was deputy prime minister and a government spokesman. Mr. Rajoy initially predicted that any leakage would be contained, but the tanker ended up spilling 20 million gallons of oil into the sea.

The judge presiding in the case, Juan Luis Pía, concluded that nobody could be held responsible for the environmental damage caused by the spill because the accident was due to the “deficient state of maintenance and conservation” of the 26-year-old tanker.

Prosecutors had sought a 12-year sentence for Mr. Mangouras, as well as prison terms for two of the Prestige’s officers and the former director general of the Spanish merchant marine department. One of the officers was sentenced in absentia.

Mr. Mangouras was sentenced for ignoring orders to have another ship tow the tanker, which eventually split in two after running into trouble during a storm. After the storm, the stricken Prestige was then kept at sea for almost a week while the Spanish government tried to convince neighboring France and Portugal to offer it shelter. Mr. Mangouras received a nine-month sentence but will not go to jail because he is over age 70 and Spanish law suspends prison terms for sentences of less than two years.

Ana Pastor, Spain’s public works minister, said the government had absolute respect for the court decision. However, some opposition politicians said the court was too lenient. Gaspar Llamazares, a lawmaker from the United Left party, told reporters that Wednesday would be remembered as “a black day for justice” and described the ruling as “a scandal.”

Prosecutors had also demanded financial compensation from the ship’s insurers to cover the environmental costs of the spill. The Spanish state had claimed 4.3 billion euros, or $5.8 billion, the Galician regional government €1.2 billion and France €86 million in damages, since the oil spill reached as far as French beaches. But the court ruled that no such financial compensation was due. The only outstanding issue is whether the ship’s insurer, the London P&I Club, will be reimbursed the €22.7 million bail posted in the case.