Two highest ranking BP PL CBPL supervisors were accused by the U.S justice department for manslaughter and seaman’s laughter. Criminal case was filed against them and they were found responsible for the death of 11 in the deep water disaster.
Robert Kaluza and Donald Vidrine:
Robert Kaluza and Donald Vidrine, the two BP PL CBPL supervisor have been charged with 11 counts of involuntary manslaughter and 11 counts seaman’s manslaughter.
The seaman’s manslaughter statute was passed in the year of 1938 by congress party which binds the act of engineers, pilots and captains responsible for deaths attributable to their conduct. people got scare seeing that.
Any negligence in the part of these people caused marine accidents. So to keep these people under control and to save the interest of the innocent passengers the law has been incorporated. Generally manslaughter charges require enough negligence caused by the accused party. But Seamen’s manslaughter remain silent over this.
Seaman’s manslaughter is little bit different from manslaughter.
In the case of U.S vs. O’Keefe in 2005 which resulted in seaman’s manslaughter conviction of the death of the wife of a captain who drowned in the Mississippi river. They hold the captain of the ship as the victim. It was not the case of negligence or disregards for human life, committed by the captain of the ship. But he was found ingested cocaine at the time of accident. So it is said by he Judge Helen Berrigan in New Orleans that Its not that all should be found with negligence but violation of some rules or standard of care is also important. Omission of any such duties for which he is accountable may lead him to the court according to this law.
The two BP PL CBPL Employees are accused of failing to alert engineers onshore that BP PL CBPL ‘s Macondo well was unstable. For this negligence and inattention to duties 11 people lost their life.
These two people give some illogical explanation that they are not the captain, engineer or pilot to the vessel so the charges will not hold good for them. They are the well site leaders and not coming under any of the category. But well site leaders made important decisions regarding the course of drilling operations. The judge may have to decide whether “well site leaders” are coming under the “other person” category covered by the seaman’s manslaughter statute.
A research shows that the statute is not used since last decade and when used it was a case of convicted captain who is directly involved for the charge of navigation.
The lawyers of those two persons declined to comment and intend to save their clients by saying they are innocent and the government charged them unfairly.