Crews of Dali and MSC Elsa 3 Ask Courts for Release

Petitions being heard by courts in India and Baltimore are considering the same issue of how long crewmembers can be detained when they were material witnesses to casualties. Crew from both the MSC Elsa 3, which sank off India in May 2025, and the crew from the containership Dali, which destroyed the Francis Scott Key Bridge in Baltimore in March 2024, have been detained as witnesses, with lawyers arguing the men are “marooned” and being held illegally.

It is common in a broad range of maritime-related cases to seek the crew to stay back during the investigation and trial. It has happened in MARPOL violation cases. The argument is that they are witnesses with many courts believing that in-person testimony is more powerful than video. Of course, there is also the fear that the crew will go missing and not participate in the trial.

Four seafarers, including the captain, chief officer, chief engineer, and second engineer, petitioned the Kerala High Court in India for the return of their passports and lifting of an order that requires them to remain in Kerala. None of the individuals has been charged, but India is seeking massive claims for damages and the cleanup after the vessel went down. There are also individual claims from cargo owners and locals, such as the fishing community.

The court last week permitted three crewmembers to leave with strict restrictions. Lawyers for the master and chief engineer argued in court this week that they have now given their statement and should also be permitted to leave. The court ruled that the four could approach the magistrate about their release. A further hearing was also scheduled by the Hough Court for June 30.

Dali Crew Waits for Criminal Trial

The situation in Maryland, however, is more complicated and was presented on Tuesday, June 16, to the judge hearing both the criminal and civil cases. There are a total of 14 crewmembers and employees of the manager of the containership Dali staying in hotels in the Baltimore area. Nine of them appear to have been on the ship when it hit the bridge, and five are other employees who were on other ships but have knowledge of the operations of the Dali.

Synergy had entered into a security agreement with the U.S. government, and the men recieve their salary, hotel rooms, and an allotment of $48 per day. Local charities also assist, including taking them to ballgames, arranging cricket matches, and other shopping trips while they stay in Baltimore.

The men are from India and Sri Lanka. A few were permitted short trips home, but four have been in the United States since the ship hit the bridge. Lawyers for Synergy pointed out that one man started his contracti n July 2023 and two others in October 2023. The lawyer argued, “Enough is enough.”

Judge James Bredar, however, asked why their lawyers were not speaking for the men instead of Synergy. Five of the seafarers were present in the courtroom. The United States opposed their release, and so far, the men continue to stay in Baltimore.

The hearing focused on the timing and preparation for the criminal trial. Synergy argued for a date at the beginning of 2027, while the United States proposed October. The judge, following a similar pattern to the civil trial, said he preferred more time for the discovery phase and a firm trial date. The trial date for criminal charges against Synergy and one of its technical supervisors was set for October 4, 2027, and is scheduled to run for seven weeks. The judge said no deferrials would be considered. The containership’s chief engineer has also been indicted, but is under a deferred plea agreement.

Under federal law, the U.S. will be able to compel the crewmembers to testify. During the civil trial, they all invoked their rights against self-incrimination and refused to testify. The focus now is on discovery, with the federal lawyers saying that two terabytes of information had been turned over. They are now trying to figure out how to provide access to the more than 100 cell phones, computers, tablets, and other devices that were collected aboard the Dali.

Neither judge ruled against the release of the crewmembers, but for now, they remain detained in hotels in Baltimore and India.