The owners of a cargo ship registered in Moldova have been ordered to pay nearly €420,000 for damage caused to a Maltese fishing boat in a collision at Grand Harbour in July 2019.

Mr Justice Toni Abela heard that the fishing boat, Eolo, was berthed at Fuel Wharf in Marsa.

Its owner, Alexander Agius, said he was having tea on the boat at around 6am when his fishing vessel was struck by the larger ship, NS Koralle, which was entering Grand Harbour to deliver a consignment of cement at another part of the wharf.

However, the vessel was unable to stop and manoeuvre to its berthing spot, resulting in the collision, the court heard.

The owners of the cargo vessel, Cora Navigation SA, countered that the incident took place as a result of negligence by the fishing boat.

However, the court ruled that the dynamics of the incident were crystal clear.

It was caught on CCTV footage and was detailed in the report drawn up by a court-appointed expert as part of the magisterial inquiry.

It was the duty of the driver to navigate and avoid a stationary object

The Eolo was moored at the pier in Fuel Wharf when the cargo vessel began to move slowly forward, hitting the fishing vessel at the stern and dragging it forward.

As a result, the bollard on the quay was dislodged and ended up in the sea. The ship eventually stopped and manoeuvred backwards to dock at another part of the pier.

The court expert concluded that the incident occurred “due to a misunderstanding of engine orders given by pilot Joseph Brincat, when they were transmitted to the captain of the ship Koralle, Vladimir Rjepaj, and finally to Albert Velika, the deck officer.

“Although the order given by the pilot was good, ordering the engine to run backwards, it was clear that the action taken by Velika was wrong because instead of reversing, he put the engine ahead.”

The court said it could not ascribe responsibility for the incident or part of it to the plaintiff when his boat was stationary.

The rule was that it was the duty of the driver to navigate and avoid a stationary object as dictated by the principle of “proper lookout”. This is a principle applicable on land and at sea, the court said.

A surveyor put the cost of repairs at €315,000, including €48,000 in transportation costs. The court calculated the fisherman’s lack of earnings for the remainder of 2019 and 2020 at €104,000.

It, therefore, ordered the owners of the cargo ship to pay €419,273 in damages, apart from all court expenses.

Lawyers Anne Fenech and Martina Farrugia represented Agius while lawyer Abigail Bugeja appeared for the defendant.