Captain and crew in stowaway saga plead guilty and are heavily fined

The stowaways survived a harrowing three days at sea and washed up at Zinkwazi Beach on 30 March

THE captain and six crew members of the vessel Top Grace paid a heavy price for throwing overboard two Tanzanian stowaways discovered on a voyage between Durban and Richards Bay.

Chinese nationals Cui Rongli – the ship’s captain, Lin Xinyong, Zou Yongxian, Tan Yian, Xie Wenbin, Xu Kun and Mu Yong, were handed hefty fines in the Durban Magistrate’s Court today (Friday) after pleading guilty to the attempted murder of the stowaways.

Rongli also pleaded guilty to contravention of the provisions of Section 174 (1)a and Section 317 (4) of the Merchant Shipping Act, Act 57 of 1951.

These relate to misconduct (endangering life or causing injury) and failure to report stowaways.

According to evidence led in court, the MV Top Grace sailed from Singapore to the Port of Durban, from where the voyage continued on 26 March.

The crew discovered the pair the following day and when the stowaways refused to don face masks, they were given food and water and put into a separate room as the crew feared Covid-19 contamination.

The six crew members constructed a raft with plastic drums and plywood, provided the men with life jackets and water and forced them to leave the ship on the raft.

The pair survived a harrowing three days at sea and washed up at Zinkwazi Beach on 30 March.

The accused admitted their actions could have resulted in serious injury and even death.

The two attempted murder charges were taken as one for sentencing, and Rongli received a fine of R100 000 or four years imprisonment.

For failing to report the stowaways, he was sentenced to an additional fine of R10 000 or three months imprisonment, suspended for five years on condition he is not convicted of the same offence during the period of suspension.

He was sentenced to a fine of R50 000 or 12 months imprisonment for misconduct.

This sentence is suspended for five years on condition that he is not convicted of the same offence during the period of suspension.

Each of the other accused was sentenced to a fine of R50 000 or two years imprisonment for the attempted murders.

They were handed over to immigration officials after paying their fines.

This matter was successfully finalised by Acting Regional Court Prosecutor, Vishalan Moodley.

ALSO READ: Captain and crew go from the docks to dock charged with attempted murder of stowaways

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