Re-Trial—Ady Gil vs. Shanon Maru

Because of the appalling Jury tampering that occurred two weeks ago in the BoatTEST.com Internet trial of Ady Gil vs, Shanon Maru, a mis-trial was declared last week. Nearly 100 esteemed and knowledgeable members have submitted their arguments and three have been selected for the consideration of the new Jury, which is hereby impaneled. (No shirking of jury duty, please!) We expect all Jury members to be honorable, and vote only once. At stake are the reputations of the officers of the bridge on both vessels.

The Sea Shepherd Ady Gil seen here shortly after her collision with the Whaler Shanon Maru off the coast of Antarctica in early January.

Frame from video taken from the gadfly Ady Gil just seconds before the collision with the Japanese whaling vessel.

First, you must swear to be impartial no matter how much you detest whale killing.

Second, you must swear to be impartial no matter how much you detest the Greenpeace movement or its aggressive break-away group, the Sea Shepherds.

Third, you must swear to take whatever each side says with a grain of sea salt, and rely solely on the three videos offered here in evidence.

If you can not swear to impartiality, discarding a lifetime of bias, then please dismiss yourself and go read the article about what the U.S. Supreme Court is not doing about the Asian carp invasion.

The Evidence--

Exhibit #1, video from Ady Gil...

Exhibit #2, video from Shonan Maru...

Exhibit #3, video from Bob Barker...

Now that you have watched all three videos, please read the following instructions...

Note what appears to be the stern wake of Ady Gil (left).

Note that what appears to be a wake behind Ady Gil could be water being sprayed from Shonan Maru. Note Ady Gil’s cockpit is partially hidden in spray from the whaler. Note that Shonan Maru appears to be turning to starboard making it appear that Ady Gil is in front of the ship.

This frame is at the moment of collision. This photo appears to be directly bow-on of Shonan Maru. Is the gray shape at the bottom of Shonan Maru’s bow wave the nose of Ady Gil or the bow of Shonan Maru?

Note that Ady Gil is along the starboard bow of Shonan Maru after the collision. Shonan Maru appears to be turning to port.

Note Ady Gil after the collision appears to be backing away and Shonan Maru appears to be turning to port. Note bow wave of Shonan Maru.

Note that Ady Gil appears to have way on and is also angled on a course that would appear to intersect that of Shonan Maru.

Just a few seconds before impact Ady Gil appears to have way on and forward momentum.

Just before impact stern waves from Ady Gil clearly show that she is moving forward. Note that bow wave of Shonan Maru has yet to hit Ady Gil. Note the wake of Ady Gil appears to indicate increased speed just prior to impact. Note intersecting angle of travel of the two vessels.

Jury Instructions:

Facts--

A. Shonan Maru was not fishing.

B. That Ady Gil was to starboard of Shonan Maru is not in doubt. Under normal conditions she would have had the right-of-way.

C. Ady Gil was harassing Shonan Maru is also not in doubt, therefore these were not normal conditions.

Arguments in Defense of Agy Gil--

1. Every big-boat Captain must know one of the most severe consequences of big boat colliding into much smaller boat: casualty of crew(s) in the smaller boat.

2. It appears (view taken from Sea Sheperd) that Shonan Maru turned toward Ady Gil and hit it by the bow. However, to be conclusive of such an assumption, more experts analysis is needed.

3. It appears that Shonan Maru was agitated by Ady Gils interference. No Law in the world allows a person, no matter how seriously he is maltreated by unjust cause (if such a cause does not constitute imminent danger, or life threatening situation), to put the others life at risk, or kill the other.

4. Harassing and interfering with Shonan Marus operations might constitute basic grounds for a tort and/or other marine time law suit(s), etc. Nevertheless, as long as such acts by Ady Gil do not amount to life threatening, or imminent danger to the crews on Shonan Maru, Shonan Maru has no right to hit Ady Gil. –N. Thew

Arguments in Defense of Shonan Maru—

1. Having traveled over a million miles on the open ocean, I can tell you from experience that the "right turn" by the Shonan Maru was most likely either caused by the massive waves hitting the port quarter, or an attempt to turn behind the accelerating Ady Gil to pass astern the crossing vessel. Either way it is the correct move by the Shonan Maru.

2. What is more disturbing is that in all of the posted comments no one mentioned that the vessel approaching from the starboard quarter is burdened to a)give way to the less maneuverable larger vessel or b)maintain course and speed. Ady Gil is wrong in any scenario and the captain should lose any license he has and be responsible for any damages resulting from the collision.

3. Those of you who condemn the Shonan Maru are letting your hatred of the whalers cloud your judgment. Regardless, if the Ady Gil was not harassing the Shonan Maru the collision would not have occurred. Ady Gil guilty, Shonsn Maru despised, but not guilty (that's not the same as innocent.). –T.Tomalo

Both Are Guilty—

1. It is clear from the evidence Any Gil was under way, albeit at no wake forward motion but thus in the right of way. Video evidence also shows that Shonan Maru turned starboard as if to intentionally cause a collision. What is unclear is what took place, at least from the videos, in the hour(s) previous to the collision.

2. The Sea Sheppard crew has been getting more aggressive each season and we do not know what, if anything, the Ady Gil may have done to incite such a confrontation. Regardless, maritime law is unlike motor vehicles where one party is assessed full blame. Most maritime courts or judges determine the facts and assess a percentage of fault to both parties.

3. Therefore, the votes from "Both are Guilty" should be divided equally and added to the votes of both "Ady Gill is Guilty" and "Shonan Maru is Guilty". A damage total should be presented and each party pay their percentage share of the claim. Further punishment is that each captain and crew be barred from their respective activities for a period of one (1) year and pay a significant fine for endangering human life. –B. Powell

Given the video and pictorial evidence presented above, the facts as outlined by the Court, and the Arguments --

1. Please render your verdict by casting your Secret ballot below. Only ONE VOTE per BoatTEST.com member, please! (Jury tampering will result in disenfranchisement.)

2. Check to see how your peers voted by clicking on “View Jury Decision.”

3.Use the “Comments” box below to indicate what you feel is the appropriate punishment for this crime on the high seas.