Mariners Lament Verdict and Possible Criminal Penalties in Mobile, AL Marine Accident

In a case which has rankled professional mariners everywhere and otherwise set the maritime community on its ear, the Master of a container ship has been found to be criminally negligent of causing the death of Mobile, Alabama dock worker. The October verdict issued by a Mobile federal jury says that Captain Wolfgang Schroder, a German national, should be held liable for the errors in judgment that led to the March 2nd allision between the ZIM Mexico III and the Alabama state docks last year.

In the wake of the verdict, Mariners from around the world are worried that the case may set a precedent and thereby widen the scope of what can be considered to be not just an error in judgment, but a criminal offense. Schroder, who was in command of the 534-foot ZIM Mexico III when it departed the port of Mobile last March, is scheduled to be sentenced on February 7th. The sentencing hearing is being watched closely around the world, as it has been speculated that a stiff penalty here may influence the treatment of American mariners overseas in the future.

A groundswell of support for Schroder from other mariners has been slowly building in his support, here and overseas, led in the United States by the Council of American Master Mariners (CAMM). Captain Tom Bradley, National President of CAMM, told MarEx on Wednesday that his organization was, partially in response to the issue, changing the focus of their annual general meeting to “Criminalization of Masters.” CAMM’s annual general meeting will take place in Ponce, PR in April.

In the United Kingdom, Captain Rodger MacDonald of the International Federation of Ship Masters' Associations (IFSMA) told MarEx today, "IFSMA supports CAMM's local efforts, and further expresses deep concerns over the course of events in the United States as it relates to this case."

The 59-year old Schroder remains in prison in Alabama. When his vessel made contact with a gantry crane while maneuvering in the Port of Mobile, the crane collapsed, causing the death of an electrician in the port. The details of the case are many, but prosecutors reportedly centered on the condition of a bow thruster, which failed during the vessel’s turning evolution. Evidence given to the jury indicated that the thruster had also failed on other occasions and that the Master was fully aware of these circumstances. He now faces a possible sentence of up to 10 years in prison.

BIMCO, an International shipping trade organization, has conducted many investigations into the criminalization of seafarers. In a March 2006 posting on their WEB site, they “identified 44 cases that were evaluated for the purpose of the study. These cases took place between 1996 and 2006. Of these cases, nine involved the detainment of seafarers prior to them being found guilty of committing a deliberate act or act of negligence. The majority of cases involved detainment or punishment after the allegations had been proven. There were 28 such cases identified.”

In Schroder’s case, he was, up until this incident, widely considered a more-than-competent seaman, with letters of commendation for acts of heroism in a 1987 incident, where he assisted and helped save numerous survivors from a capsized ferry. A German maritime company has since paid a $375,000 fine to US authorities under the terms of a plea agreement in the case.