Court orders seizure of fuel on MV Silverking

The First Hall of the Civil Court threw out a request for an inhibitory injunction on a fuel consignment aboard the vessel MV Silverking, after the person filing the request declared he was not the owner of the fuel.

Following a spillage of fuel at sea early in July, four vessels were escorted into the Grand Harbour by the Armed Forces of Malta, with an official inquiry finding that the MV Silverking had taken on board fuel from Misurata in Libya.

The inquiry however found that the vessel was not involved in the fuel spillage.

But further investigations resulted that the MV Silverking was a supply vessel that could not carry out fuel bunkering in Maltese territorial waters. Further safety concerns arose when the crew was not allowed to disembark and constrained to remain aboard the ship. The inquiring magistrate ordered the MV Silverking to remain moored at Boiler Wharf in Vittoriosa.

On 11 July, Peter Darmanin, claiming to be the owner of the vessel, requested the release of the ship. In his request Darmanin argued the fuel on board was purchased legally.

Meanwhile, the Commissioner of Police requested that the fuel on board all four ships seized by the authorities be removed from the vessels.

Court expert Engineer Edwin Aquilina carried a risk assessment concerning the unloading of the fuel. Subsequently the court ordered the unloading of fuel on all vessels except the MV Silverking. The fuel was to be passed on to Enemalta for storage and use. The corporation would pay for the fuel if no criminal action is taken against the vessel owners, or if the court does not order the complete seizure of the fuel.

Mr Justice Joseph Zammit McKeon heard how checks with Transport Malta and the harbour masters showed that Darmanin was not the owner of MV Silverking. The vessel belongs to Silver King Ltd, of which Darmanin is a shareholder.

The Court held that Darmanin had no legal right to request its actions in the matter. Furthermore other procedural details were not followed when the request for the prohibitory injunction was filed.

The judge threw out Darmanin's request and ordered the fuel on MV Silverking to follow the same fate as that on board the other three vessels.  The applicant was also ordered to pay all legal fees.