Six-year jail sentence for Solong captain

Justice Andrew Baker told Captain Vladmir Motin on sentencing him to six years in prison for gross negligence manslaughter that he was “a serious accident waiting to happen,” and that the accident that killed Angelo Pernia was “wholly avoidable”.  In his remarks during sentencing, Justice Baker said that Motin’s explanation was “extremely implausible” and that he had led the jury on a "merry dance" when giving evidence, which the judge concluded was an "exercise in inventive distraction".

The judge added: “His claim to be confused was a lie that unravelled when tested at trial,” while he said the master’s explanation that he did not initiate a crash stop for fear of hitting Stena Immaculate’s accommodation block was “desperate stuff”. Motin, who was the sole watch on the bridge, had attempted to explain his failure to spot the vessel ahead and take avoiding action was due to “pushing the wrong button”, when attempting to disable the autopilot.      Pernia was killed instantly while working at the bow of the 800 teu Solong, when it smashed into the 50,000 dwt US-flagged Stena Immaculate, which was at anchor and loaded with jet fuel. The allision off of the UK coast caused an explosion and subsequent fire.

38-year-old Pernia was a father of one, but his wife, Leacel, who lives in a remote area in the Philippines, was seven-months pregnant with their second child. She told the court in her witness statement that no amount of compensation would make up for the family’s pain: "Our longing for him will remain forever."

Commenting on the case, James Broomhall, senior associate at Grosvenor Law, said the six-year sentence demonstrates how seriously the courts treat safety failures at sea when a life is lost.

“The court found that Motin failed to maintain a proper lookout and did not take adequate steps to avoid the collision, leading to a death… Gross negligence manslaughter arises where conduct falls so far below the standard expected of a competent professional that it becomes criminal,” said Broomhall.