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Ship Captain, Chief Officer Plead Guilty to Crimes Related to Pollution
A Greek citizen, Panagiotis Lekkas, the captain of the bulk cargo ship the M/V Theotokos, pleaded guilty today to four felony counts in federal court in New Orleans for violating anti-pollution laws, ship safety laws and obstructing a U.S. Coast Guard investigation.
Lekkas, who was the highest ranking officer aboard the ship, pleaded guilty to one count of violating the Act to Prevent Pollution from Ships, one count of obstruction of justice and two counts of violating the Ports and Waterways Safety Act.
The vessel is owned by Liberia-based Mirage Navigation Corporation and is managed by Polembros Shipping Limited. Sentencing for both individual defendants is set for Oct. 14, 2009.
A Philippine citizen, Charles P. Posas, the second highest officer onboard the M/V Theotokos, pleaded guilty to two felony counts of lying to the Coast Guard and violating recordkeeping laws aimed at reducing the risk of marine invasive species.
Posas is the first individual ever charged under the anti-invasive species law, a law designed to mitigate the introduction of marine invasive species into waters of the United States. Aquatic nuisance species are non-indigenous species that threaten the diversity or abundance of native species or the ecological stability of infested waters.
The Coast Guard’s investigation revealed that Lekkas, as the ship’s master, was in charge of the vessel’s operation and was responsible for both the deck department and the engineering department. Chief Officer Posas had direct authority over the deck department, which oversees ship navigation, cargo loading and ballasting.
In the summer of 2008, during a passage from the Suez Canal to China, Lekkas and Posas suspected that the aftpeak ballast tank was leaking, but the crew was unable to confirm a leak during an inspection. Later, while at a dock, offloading cargo in China, Lekkas and Posas observed an approximately 24-inch crack in the ship’s rudder stem. It was evident that water had passed through the crack because water was streaming out of it from inside of the ship.
Lekkas reported the crack to company personnel, but failed to write a written report. Lekkas did not report it to the Coast Guard until he was confronted by Coast Guard inspectors in New Orleans. In court documents, Lekkas admitted that he knew the crack could have adversely affected the safety and safe handling and operation of the vessel.
No repairs were undertaken on the rudder stem crack until the Coast Guard ordered it repaired upon its discovery. The Port and Waterways Safety Act (PWSA) requires that a vessel operator must report all hazardous conditions to the Coast Guard prior to arrival in a U.S. port.
Key Facts
- State: Federal
- Category: Environmental Crime
- Source: DOJ Press Release â†â€â€
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