The Australian law firm, which is assisting the Attorney General’s (AG) Department with the civil suit to claim compensation for the environmental damage caused by the maritime disaster and the shipwreck of the MV X-Press Pearl, has advised that carrying out the litigation process in Singapore is favourable to the Island nation, the Marine Environment Protection Authority (MEPA) says.

This was disclosed during a meeting held at the Justice Ministry with the participation of the AG, President’s Counsel (PC) Sanjay Rajaratnam and the top officials of the Department, the top management of the MEPA, and a group of lawyers with expertise in maritime law. The meeting was chaired by Justice Minister, Dr. Wijeyadasa Rajapakshe PC.

The Singapore flagged container ship MV X-Press Pearl, only three months after being commissioned, was gutted in a fire that erupted off the Western coast of Sri Lanka on 19 May 2021.

Following the disaster, the MEPA appointed a committee of experts composed of professors and other relevant top public officials to assess the damage. The panel handed over its second Environment Damage Assessment Report to the AG’s Department on 13 January. The MEPA says that it has provided all the necessary documents to the AG’s Department to prosecute the ship owner or the operator or the ship’s agents in Sri Lanka under the criminal law, in terms of Section 26 of the Marine Pollution Prevention Act.

As the approval of the Cabinet of Ministers is given to continue the litigation process in Singapore, the AG’s Department is proceeding with the legal matter accordingly. However, the committee of expert lawyers appointed to look into the matter has suggested that the prosecution be done in Sri Lanka. The decision to continue the legal proceedings in Singapore recently attracted criticism as it was deemed a very costly move. According to the Australian law firm’s advice, with Singapore being a renowned international maritime hub with its up to date maritime laws, filing the lawsuit in the South East Asian country is advantageous for Sri Lanka, the AG told the attendees of the meeting. In addition, the owner of the MV X-Press Pearl and all other major parties linked to the shipwreck are based in Singapore, and therefore, implementing a court order in Singapore or in the United Kingdom, where the main office of the vessel’s insurance company is located, will be plain sailing for Sri Lanka, the AG explained further.