Asia/Pacific News
Malaysian Player Cleared in "Bunkering Not Anchoring" Case
The Malaysian High Court has acquitted on appeal Komas Energy Sdn Bhd (Komas) of anchoring in Tanjung Kapal, Pengerang in Johor without notifying the director general, International Law Office has said.
Komas argued that rather than anchoring, it had been transferring bunkers between MT Leo, which it had chartered, and the MT Diamond.
The law stipulates that while in Malaysian waters ships must notify the director general before engaging in certain activities, which includes anchoring, but the transfer of bunkers is not one of the activities explicitly mentioned in Malaysia’s Merchant Shipping Order 1952.
Contravention can carry a fine of up to RM100,000 (U.S.$ 30,000) or two years imprisonment.
The International Law Office noted that the high court not only found that the evidence showed the two vessels were transferring bunkers, but that the prosecution was unable to produce the charterparty agreement, and thus could not prove that Komas was responsible for the vessel during the incident.
The court ultimately held that Komas had successfully raised reasonable doubt.
In August, a marine gas oil tanker was detained in Pengerang waters for unauthorised anchoring.
