Wed, 06 Jun 2001

SAR could be sued for negligence: Crisis Center

MAKASSAR, South Sulawesi (JP): The survivors of the ill-fated KM Restu Illahi passenger ship could file a class-action suit against Makassar Search and Rescue (SAR) for not responding to reports of the accident, Makassar Crisis Center director Husain Abdullah said here on Tuesday.

"Morally, Makassar SAR's failure to send a team to search for the missing ship passengers and rescue the survivors was a denial of its existence and main duty. Therefore, we are ready to help those intending to sue SAR over this matter," Husain told The Jakarta Post.

Meanwhile, two more survivors were found by Pakbusuang fishermen on Tuesday, Majene Port administrator Albar Yahya said.

"They were found early on Tuesday in very critical condition. They have been taken to their homes in Majene," Albar said.

Tuesday's rescues brings the number of survivors to 44. Forty- nine are still missing.

The four-ton passenger ship, which sailed between Majene and Kotabaru, South Kalimantan, sank off Majene with 84 passengers and nine crew members aboard.

The ship left Palipi Port at 6 p.m. on May 26 and sank six hours later after floating logs dashed it during a storm in Makassar Bay.

Reports of the disaster were received by Majene Port from the survivors only on May 30.

Albar said he reported the accident to the Makassar Search and Rescue head office also on May 30, but received no response.

According to Husain Abdullah, SAR should have reacted promptly and seriously to the accident. "As an organization dealing with search and rescue, SAR was heedless and acted against humanity principles. How could SAR do nothing after receiving reports that more than 50 people, including women and children, were missing and feared dead."

Husain said that the people of Majene had the right to file a class action against SAR, which should have been proactive in such a disaster.

Earlier, an operational staff member of SAR III Makassar, identified as Diming, said that SAR did not have adequate equipment and expected the Navy would search for the passengers.

He said that entering Makassar Bay without adequate equipment would be very dangerous.

"We deeply regret such an answer," Husain said, adding that SAR was authorized and able to cooperate with other agencies in search and rescue operations.

Diming admitted on Tuesday that SAR had been too sluggish in responding.

When asked what SAR would do if people filed a class action, he said, "Just go ahead. The people have the right to do so. We (SAR) did not move just because we did not have adequate equipment, not because we refused to help the passengers."

Quoting Presidential Decree No. II/72, Diming said that SAR's job was coordinating with other institutions and agencies in accidents. "We coordinated with other institutions, including the Navy, but they were busy with their own business.

"Reports on the ship accident were also late reaching us," he said. (27/sur)