The Malta Independent 25 August 2026, Tuesday
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‘Erika’ Certifiers claim Maltese immunity

Malta Independent Sunday, 18 February 2007, 00:00 Last update: about 14 years ago

The Erika pollution trial, the first ecological catastrophe trial in French history, which opened last week in Paris, saw a juridical offensive by the Erika owner and manager, Italians Giuseppe Savarese and Antonio Pollara, who both claimed the tribunal was incompetent to judge them.

Their lawyers claimed the Parisian tribunal could not judge them because the shipwreck did not happen in French territorial waters but only in the French economic zone.

And the lawyers appearing for the Italian classification company, Rina, also tried to claim the tribunal could not judge them because, they argued, the Italian certification company had been invested with a public service by Malta, the ship’s registration country, and thus could claim immunity.

It is thought the trial will last up to four months as the court tries to unravel the different levels of responsibility.

Fifteen moral or physical people are being investigated for causing pollution, risking the lives of others or voluntary abstention from doing their duty.

As was widely expected, the ship’s Indian captain was not present at the tribunal.

But, some candidates in the French presidential election campaign were there, basking in the light of the French and international media.

Dominique Voynet, for the Greens, who was environment minister during the disaster and who was widely criticised for taking too long to intervene, said he was very eager to see “what Total had to say for itself”.

Among those representing the victims, the president of the Vendee general council, Philippe de Villiers condemned “unworthy ships” while Corinne Lepage, representing two communes, argued the “polluter pays” principle must apply to all, including the oil sector.

Socialist candidate, Segolene Royal, announced she was following what was being said at the trial and did not exclude making an appearance.

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