Gotham v Ahmed [1990] NSWLEC 108 (19 September 1990) [1990] NSWLEC 17

Land and Environment Court of New South Wales

CITATION : Gotham v Ahmed [1990] NSWLEC 108 (19 September 1990) [1990] NSWLEC 17 PARTIES : Gotham v Ahmed [1990] NSWLEC 108 (19 September 1990) FILE NUMBER(S) : 50075 of 1990 CORAM: Stein J KEY ISSUES: :- LEGISLATION CITED: Prevention of Oil Pollution of Navigable Waters Act, 1960 Marine Pollution Act, 1987 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 09/19/1990

APPLICANT LEGAL REPRESENTATIVES: RESPONDENT

JUDGMENT: HIS HONOUR: The defendant, Khalid Ahmed, is the Master of the ship " Iran Afzal ". He pleads guilty to a breach of section 6 of the Prevention of Oil Pollution of Navigable Waters Act , 1960 as amended, on 5 March 1990. The prosecutor is employed by the Maritime Services Board of New South Wales.

The facts are for the very most part not in issue. At 1616 hours on 5 March 1990 the Iran Afzal dropped anchor 3.15 nautical miles from the Outer North Head Light. At 1730 hours there occurred an overflow of approximately 100 litres of oil on the deck of the vessel. A quantity of oil escaped from two of the scuppers into the waters of the Tasman Sea before the scuppers were plugged.

The following entry appears in the ship's log:-

"1730 - Overflow of H.O. Approximately 100 lts. detected on deck from E. Room. All scuppers plugged immediately."

Around 45 minutes later Captain Ahmed contacted the Port Operations Officer of the Port of Sydney by radio to report the spill. The officer, John Champion, gave evidence on the plea. After identifying himself and his ship the Master told Mr. Champion that there had been an accident on board and some oil was lost over the side. He was asked how much oil was lost and the defendant responded with words to the effect "I can't say but not very much". Mr. Champion asked the size of the oil slick and says that the defendant said it was "approximately 100m from the ship". Mr. Champion was cross-examined by Counsel for the defendant as to whether he misunderstood the Master and whether in fact no reference was made to 100m or a "slick". Although he conceded that the Master had an accent, he said he spoke English very well. Mr. Champion fairly conceded that "anything was possible" but was adamant that he heard "metres" and not "litres" and "slick" not "deck". I accept Mr. Champion's account of the conversation. He made notes fairly soon thereafter and these are in evidence. They refer to a "100m long slick (amount not known)".