Cruise Ship Law

The Bahama Journal
By Kendea Jones

After almost five years of pleading for government assistance, victims of the 2003 Sea Hauler/United Star are set to receive a $1 million payout from the government.

Minister of Labour and Maritime Affairs Dion Foulkes made the announcement in a press release on Friday.

Minister Foulkes said a comprehensive multi-agency investigation was conducted and as a result of the committee's findings, the government agreed to make an ex gratia payment since there was no finding of any wrong doing by the agency of the government.

He added that the Attorney General office is determining the specific amount to be offered to each victim.

Minister Foulkes said the government is also determining the specific amounts to be offered to each victim.

"It is a process that will be finalized within one week," he said.

The news comes as a pleasant surprise for many of the victims of the tragedy.

One of those people was Sophia Antonio, who said the money is greatly appreciated.

"Right now I am very excited that the government has finally come to terms with honoring the Sea Hauler victims in this manner," she said. "This matter has gone on for four years and is supposed to be dealt with a long time ago and I will put that in the past and just concentrate on now."

"A lot of the victims are losing their homes and can't provide for their families and we have been suffering since this accident happened," Ms. Antonio added. "Before this accident we were well people working and taking care of ourselves and our families. And since this tragedy, we have been left to pick up the pieces of our shattered lives. I'm glad that they finally decided to do something for us because we really needed it."

Paulette Dean had the same sentiments. She said since the incident she has been under a torrent of medical bills.

"I was sitting in a great deal of financial tribulations," she said. "Just to hear this news that the government has decided to give us this money is a great big deal for me because it helps me to deal with my financial problems and my medical bills."

Mrs. Dean, who sustained a broken hip, broken spine and a pelvis bone in the incident said she her medical bills mounted to at least $7,000.

"I had to be kept in the hospital for a while and I got to the point where in bad weather I would not be able to walk," she said.

Mrs. Dean said while she feels that $1 million will not be able to last between all 25 of the victims, she is happy for what she can get.

"In these times it will be hard to live on but I greatly appreciate it."

Meantime, spokesperson for the victims Lincoln Bain said the million- dollar payment was "welcomed and extremely-needed."

"I think that the amount offered is not only reasonable, it is fair as an ex-gratia payment," he said. "We feel that Prime Minister Hubert Ingraham as proven to be a man of his word and he has fulfilled what he promised the sea hauler victims that is to help them and we are extremely grateful."

Mr. Bain said while the victims are appreciative of the payout, it is unclear whether they will still proceed with suing the owner of the two boats.

"There is no decision made on that and honestly the government has not contacted us as yet to say anything to us," he said. "So the sea hauler victims will meet with their lawyers and determine where do they go from there."

The Sea Hauler/United Star tragedy occurred in August 2003. The incident claimed the lives of four persons and injured 25 others.

Sisters Brenda Smith-Ellis, 40, and Brennell Smith-Leslie, 29, were crushed to death by a fallen crane. Also killed were 38-year-old Livingstone Seymour and 14-year-old Lynden Riley.

A wreck commission convened in 2004 to look into the collision and found both the government and the boat captains liable in the matter.

It was also determined that the collision occurred partly because of blunders by the Port Department, and Bahamas Maritime Authority, which has the overall responsibility for establishing a system to ensure safety at sea.