It's the Evidence that Counts

When it comes to investigation or inspection of damage to cargo, vessel or equipment, there are unique methodologies that have to be followed along with using root cause analysis to determine the proximate causes leading to a particular incident and damage. Investigation to gather evidence to establish the cause of damage is the primary responsibility of a marine surveyor. In that respect, Constellation Marine Services has a well-trained team of 23 full time staff and surveyors who are well aware of this fact.

The answer to the question of why is there a need to collect evidence will depend on the mindset of the person seeking evidence. In case of an accident, a protection and indemnity club will probably be looking for evidence that can limit its liability. A marine regulator will be looking for evidence to see if any rules and regulations have been broken. A flag state safety investigator will be looking for evidence leading to safety measures that can help prevent a recurrence. Thus, marine and insurance surveyors in the maritime industry have various roles to play. The surveyor may be nominated by variously interested parties like ship owners, vessel charterers, shippers, consignees, logistic providers, freight forwarders, underwriters and and protection and indemnity clubs as well as by sea ports.

During loading or discharging operation supervised by our staffs survey or at Constellation Marine Service of the liquefied gas cargo, the ship's personnel are required to maintain the safety considerations such as not to carry matches or lighter, mobile phones are strictly prohibited, smoking also restricted or prohibited, normal communication equipment is not to be used if it is certified, and hot work, hammering, and chipping tools are also prohibited during the time of loading/discharging.

- In all such cases, the purpose is to arrive at the amount of liability. Any information or data relevant to the incident and helpful in the process of investigation is known as evidence. Seafarers and professionals working on ships play an important role in collecting evidence which can help to resolve the issue as soon as possible. Consider, for instance, the following factors:

- Evidence is considered as proof to establish the facts during investigation.

- Factual evidence would assist investigators and judges in a court of law to come to an apt decision.

- Evidence, whether objective or subjective, is analysed by lawyers, insurance companies, ship owners, charterers and others to decide the root cause leading to the incident that may have resulted in damage to physical assets or even loss of human life.

- Practically, whatever data that is available related to the accident should be collected almost 'immediately after the incident, failing which retrieving reliable information and data to support as evidence may be difficult or not possible.

- Factual evidence helps to chart out the timeline of what led to the incident and pin the responsibility to the factors or people that caused it.

- Best factual evidence speaks for itself. For example, the most reliable data is gathered from the records in the engine room or wheelhouse, photographs or samples of damaged cargo or statement of facts by witnesses.

Evidence may be in the form of log books, digital data, photographs and statements of witnesses and needs to be kept safe and secure. All items of evidence, including documents, should be clearly labelled and preserved safely. Electronic evidence in the form of digital photographs or videos should be downloaded to proper storage devices. And finally, there is one golden rule to be followed during all investigations: there is no room for opinions. All evidence must be in the form of facts only.

Capt. Zarir Irani