SAR could be sued for negligence: Crisis Center

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)