Newsletter No. 148
December 29, 2005

 

ISRAELI POLICE: ZIM ASIA AFFAIR WAS A HIT-AND-RUN

Following up on Shingetsu Newsletter Nos. 91, 99, 106, of October 2005, which tracked the progress of the Zim Asia case, there has now been a new development.

At the end of October it was said that a full investigation of the naval accident would be held under the auspices of Israeli Transportation Minister Meir Sheetrit, and that a report would be issued before November 25th. Subsequent news reports gave no indication whether or not such a report was ever issued. However, the Israeli media is now talking about a report by the Police National Fraud Squad that has just been issued on the case.

The conclusions of the report are as follows: The accident was indeed a hit-and-run because the crew of the Zim Asia identified the Japanese fishing boat after the accident, but did not offer any help, wake up Captain Moshe Ben David, nor signal for any assistance. The Zim Shipping Company was found to be blameless, but some blame was cast upon Captain Ben David for “deficiencies in performance” and on the Japanese crew of the Shinsei Maru No. 3 for “not taking proper security measures” to prevent the accident. Only one prosecution was recommended; that of Second Officer Pilastro Zdrako (a Serbian national), who was commanding the Zim Asia at the time of the collision. The charges recommended are “Negligent Homicide” and “Violation of Port Authority Regulations.”

At the beginning of this investigation, the Israeli authorities seemed to be acting very forthrightly and intelligently. Zim CEO Doron Goder very wisely came to Japan and publicly apologized for the accident, and thus averted a possible crisis in Japan-Israel relations. This latest report by the Police National Fraud Squad doesn’t seem to live up to that earlier standard of excellence. It raises as many questions as it answers.

On the positive side, it seems to resolve the question of whether or not there was really a hit-and-run. Yes, there was. It also finds the Zim Shipping Company main offices in Tel Aviv to be blameless, which fits the facts as they are currently known.

However, there are some serious problems as well. How could Captain Moshe Ben David be blamed for “deficiencies in performance” if he was asleep when the collision took place and his crew failed to awaken him? What did he do wrong? Why did the police accuse the Japanese fishermen of “not taking proper security measures”? That assertion is unlikely to go down well in Japan unless some specific evidence is cited.

Most seriously, if the crew really did understand that they had collided with a Japanese fishing boat and just left the scene, and let seven men drown, without making any effort whatsoever to help them, then why is only one crewman -- a foreigner -- being charged with Negligent Homicide”? The facts seem to merit stronger charges than that.

Negligence may explain the original accident, but it doesn’t seem to cover the fact that they afterwards just let the men die.

Perhaps the report itself is more detailed than the Israeli media seems to suggest. However, it is difficult to reconcile the recommendations of the report with the facts that have appeared publicly.

What happened to the Transportation Ministry report? Was it ever actually issued? Did politics come into play here in order to protect the home team? These must remain open questions until more information comes to light.

It will be interesting to see if there is any reaction in Japan to this latest development, or if the emotional moment has already passed.