saenzyvaldes.com

Thursday, July 3, 2008

Sulpicio Lines, a ferry company in the Philippines, have been ordered to pay PH?6.24 million over the death of a man on board MV Princess of the Orient, which sank in stormy weather off Batangas in 1998. Ernesto Unabia was one of seventy confirmed fatalities in the disaster, which left eighty more missing.

Unabia was a 37-year-old seaman who worked on international vessels, and earned a ?120,000 salary. According to widow Verna Unabia, who filed the case with her three children, he was going to work on for thirteen more years and then retire. Unabia’s case is the first to be concluded, although most victims settled with Sulpicio without claims being filed.

Although Sulpicio lost their appeal several weeks ago, reporters have only today received access to documentation concerning the case.

Under Philippines law, employers are responsible for their employees actions. However, in Pestaño vs. Sumayang the Supreme court ruled that if it could be proved an employer had taken appropriate diligence when selecting employers then they could not be held responsible.

It was viewed that Sulpicio was responsible as they failed to remove captain Esrum Mahilum from the vessel despite a number of incidents involving the ferry while he was in command of it. Princess of the Orient had struck the bottom of Manila‘s North Harbour, sideswiped a container ship and suffered a crippling engine fire while berthed at North Harbour, being towed first to Cebu and ultimately Singapore for repairs.

Despite these serious incidents while the ship was under Mahilum’s care, however, he was not removed from captaincy or even disciplined. A Board of Marine Inquiry (BMI) investigation into the ultimate sinking of the Princess of the Orient would later say that Sulpicio did not have enough initiative to take action against him. The court ruled this made them responsible for his actions.

On September 18, 1998, the day of the sinking, Captain Mahilum was warned before starting out that severe weather was approaching. He wrongly calculated that the storm was safely distanced and left port regardless, running into the storm two hours later. Princess of the Orient began listing to the left and a distress call was sent, but she sank before help arrived. The BMI’s report blamed the disaster on the captain making “erroneous maneuvers of the vessel before it sank.” He remains missing to this day.

After the court ruled that this made Sulpicio liable to pay civil damages an appeal was filed, in which Sulpicio said that the captain “valiantly tried to save his ship up to the bitter end. He heroically went down with his ship.” Although he failed to properly supervise the abandon ship order he gave, he was last seen helping passengers to board life rafts. Sulpicio further alleged that careful analysis of the BMI report showed he did not directly cause the disaster.

The court rejected the appeal, with judge Estella Alma Singco saying that while the failure to remove the captain wasn’t the direct cause, “such failure doubtless contributed materially to the loss of life.” Sulpicio were ordered to pay P6.240 million in lost earnings, P100,000 moral damages, P50,000 indemnity – which Sulpicio had already offered to all the families of the deceased – and P50,000 in pursuer’s litigation costs.

Saturday, May 17, 2008

Construction workers and next of kin of deceased workers filed a lawsuit in Tokyo, Japan Friday seeking damages of approximately 6.6 billion yen (about US$64 million) from the government and manufacturers related to illnesses stemming from exposure to asbestos. 178 plaintiffs; including construction workers and family members filed the suit in Tokyo District Court against 46 building manufacturers and the Government of Japan.

According to the Mainichi Daily News, the class action suit is the first that has been filed in Japan related to health damages caused by asbestos exposure at construction sites. The plaintiffs hail from the Japanese prefectures of Tokyo, Saitama and Chiba.

The plaintiffs claim that the government and manufacturers knew of the dangers of asbestos inhalation but failed to take proper precautions, including ceasing to promote asbestos as a cheap fire retardant and banning production of the material.

They state that after inhaling asbestos in the workplace, 172 people have developed lung cancer or mesothelioma, and that almost half of those afflicted are now dead. Plaintiffs argue that the government and health ministry did not act quickly enough after international organizations issued warnings in 1972 that asbestos could be a carcinogen.

Plaintiffs also place blame with the Ministry of Economy, Trade and Industry for sanctioning the use of asbestos under Japanese Industrial Standards, and with the Ministry of Land, Infrastructure and Transport for approving the use of materials comprised of asbestos and other substances under Japan’s Building Standards Law.

“We will do our utmost until we win the suit,” said Kazuo Miyajima, 78, who heads the group of plaintiffs. Lawyers for the plaintiffs released a statement saying: “We seek complete relief for the victims by clarifying the liability of the state and the manufacturers.”

Approximately 40 construction workers from Kanagawa Prefecture plan to file a similar lawsuit in June in Yokohama District Court.

After a 2005 revelation that residents who lived near a factory in Amagasaki, Hyogo Prefecture developed diseases related to asbestos, the government implemented a law in 2006 which provides monetary assistance to asbestos victims and relatives of deceased family members. The plaintiffs argue that the amount of financial assistance given to families and victims of asbestos-related diseases is not sufficient.

Asbestos has been used in Japan as a fire retardant, for sound absorption, and for insulation. It was mixed in concrete and water and sprayed on walls and ceilings, but the practice of spraying asbestos in this manner was banned in Japan in 1975.

Tuesday, November 14, 2006

Christchurch, New Zealand‘s Jade stadium says they can host the 2011 Rugby World Cup final if Auckland can’t make a decision on whether or not they should build a new stadium on the waterfront or upgrade Auckland’s current stadium, Eden Park, costing NZ$500 million and $385 million respectively.

Jade Stadium would be able to host the final if they were to include temporary seating to accommodate 60,000 people, required by the International Rugby Board (IRB).

Gary Moore, mayor of Christchurch, said that if they were selected to host the final then they will ask the government for $80 million. The stadium is already planning for an upgrade, worth $60 million but that money will be funded from private and charitable organisations as well as the local and central governments. The current upgrade will see Jade stadium’s seating capacity grow to 43,000 and if they host a quarter-final or semi-final then temporary seating will increase the seats to 55,000.

Trevor Mallard, the Minister of Sport, said that the Auckland City Council and the Auckland Regional Council have both been given about two weeks to tell the government which decision it supports. If they cannot come to a decision then the final will most likely be given to Jade stadium, Christchurch. The least likeliest of all decisions, an upgrade of Carlaw park, but that is designated for a retirement home and on private land.

Mr Moore said that he and “stadium officials had offered Jade Stadium as a back-up final venue at a recent informal meeting with Mallard because of the continuing Auckland divisions over a site. This is about New Zealand Inc, not about Christchurch versus Auckland. What we have said to Trevor Mallard is we are able to put a stadium into Christchurch that would accommodate the numbers they would need as an insurance policy if Auckland cannot get its act together. The Government knows that when Christchurch or Canterbury puts its hand up it delivers with excellence.”

Bryan Pearson, chief executive of Vbase, the company which manages Jade Stadium, said: “It was not uncommon for major sporting venues to add temporary seating for big events. London had included temporary seating for some stadiums as part of its successful Olympic hosting bid. It was not a low-rent option, and was a commercially prudent way to marry short-term opportunity with long-term legacy.”

Mr Pearson hopes that Jade Stadium will not be used for the final as he understands why the government wants a national stadium, “Let’s hope this gets sorted and we can focus our attentions on playing a very major supporting role. We are only a third the size of Auckland, so what we can sustain post-World Cup is nowhere near what Auckland can.”

Warwick Taylor, former All Black, said it will be great if Christchurch can host the final even though he played in the 1987 final at Eden Park. Though Mr Taylor does say that an Auckland stadium is a better idea as a 60,000 seat stadium is more viable in such a large population city. Mr Taylor said that he “had great memories playing at Eden Park and in some ways would hate to see it lose the final. But I also like the idea of a national stadium.”

The New Zealand Rugby Union said that a waterfront stadium and an upgrade of Eden Park are the only two options being considered, and no other stadiums are being considered.

A lot of people are confirming that Christchurch will be able to cope with the huge amount of visitors that would arrive for the final as Christchurch has the highest per capita amount of restaurants and bars in Australasia. The city also features numerous hotels.

If New Zealand cannot deliver a final in a 60,000 seat World Class stadium then the IRB will allocated the final to another country.

Friday, February 5, 2010

The U.S. National Transportation Safety Board (NTSB) has determined that the captain of Colgan Air Flight 3407, which crashed nearly a year ago outside Buffalo, New York during its approach to Buffalo Niagara International Airport, “inappropriately responded to the activation of the stick shaker, which led to an aerodynamic stall from which the aeroplane did not recover,” according to a statement issued by the NTSB.

The flight, operating as a codeshare with Continental Airlines under their Continental Connection brand, crashed last year on February 12, 2009 in Clarence Center, New York. The Bombardier Dash 8 Q400, crashed into a residence killing everyone on board as well as one on the ground.

The NTSB has blamed pilot error and poor training for the crash, noting that the plane’s captain, Marvin Renslow, “had not established a good foundation of attitude instrument flying skills early in his career, and his continued weaknesses in basic aircraft control and instrument flying were not identified and adequately addressed.” Renslow’s career spanned two decades and had failed five performance checks during that time. Colgan Air was only aware of three. Colgan said had they known about the other two, they would not have hired Renslow in 2005.

Colgan Air responded to the NTSB report in a letter: “They [the pilots] knew what to do in the situation they faced that night a year ago, had repeatedly demonstrated they knew what to do, and yet did not do it. We cannot speculate on why they did not use their training in dealing with the situation they faced.”

The Board added that Renslow’s response to the “stick shaker activation should have been automatic, but his improper flight control inputs were inconsistent with his training and were instead consistent with startle and confusion. The 24-year-old first officer, Rebecca Lynne Shaw, was noted for her young age and lack of experience.

The Board also concluded that “the pilots’ performance was likely impaired because of fatigue.” Renslow and Shaw had spent the night at the crew lounge at Newark Liberty International Airport in violation of Colgan Air’s company policies. However, the board voted down making fatigue a contributing factor. Shaw, the first officer, had flown the previous night on two separate planes from the Pacific Northwest where she lived with her parents. Shaw also appeared to be suffering from a bad cold.

However, the report also criticized Colgan saying that the airline, “did not pro-actively address the pilot fatigue hazards associated with operations at a predominantly commuter base.” Adding that, “Operators have a responsibility to identify risks associated with commuting, implement strategies to mitigate these risks, and ensure that their commuting pilots are fit for duty.”

Another factor brought up the by the NTSB was the violation of the Federal Aviation Administration’s (FAA) sterile cockpit rule. It was noted that first officer Shaw had sent two text messages before take-off at Newark. The second message was sent two minutes before take-off.

Prior to landing, the cockpit voice recorder recorded that the pilots were holding a conservation that potentially distracted the captain from operating the plane. Robert Sumwalt, a member of the NTSB board said, “It was continuous and one-sided, with the captain doing most of the talking.” He added, “It was as if the flight was just a means for the captain to conduct a conversation with this young first officer.”

The chairwoman of the NTSB, Deborah Hersman, has noted that electronic devices are becoming a hazard to transportation. Hersman said, “Recent NTSB investigations have identified personal wireless technology use on the job. This phenomenon is becoming more widespread, and these phone calls, texts and other distractions have deadly consequences and must be addressed with all due haste by the transportation industry.”

The agency noted that distractions from electronics have played a part in many recent accidents and incidents, such as the August 2009 mid-air collision between a small private Piper aeroplane and a tour helicopter over the Hudson River in New York City killing all involved. The NTSB noted that one of the air traffic controllers was making a phone call and failed to warn the aircraft of the conflict that existed between each other in their airspace. However, this was disputed by the National Air Traffic Controllers Association which represents air traffic controllers nationwide. The NTSB later retracted some of its statements.

The other notable incident was that of Northwest Airlines Flight 188 in October, that overshot its destination of Minneapolis-Saint Paul International Airport by 150 miles (241 km) before the pilots noticed. The pilots claimed they were checking schedules on their laptop computers in violation of basic piloting rules, the sterile cockpit rule and the policy of Delta Air Lines, who had recently acquired Northwest.

The NTSB’s last board meeting which was held two weeks ago, about the 2008 train collision between a Metrolink commuter rail train and a Union Pacific freight train in Chatsworth, California also pertained to distractions by electronic devices. In the statement released by the NTSB for that meeting, the board stated that “according to records from the wireless provider, on the day of the accident, while on duty, both the Metrolink engineer and the Union Pacific conductor used wireless devices to send and receive text messages.” The NTSB has recommended that audio and video recorders be installed in locomotive and control cabs because of the collision.

Thursday, October 4, 2007

Pam Hundal is running for the Progressive Conservatives in the Ontario provincial election, in the Bramalea—Gore—Malton riding.

Wikinews’ Nick Moreau requested an interview regarding her values, her experience, and her campaign. In response, Hundal’s campaign office did not send replies to the questions asked, but a general statement. Moreau has excerpted parts of her statement, placing them as answers to related questions. However, a great number of questions have been skipped in the process.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

Friday, August 25, 2006

Israel has purchased two more Dolphin class submarines which have the capacity to carry nuclear warheads. Israel already has three older nuclear weapons-capable Dolphin submarines but the new Dolphins have propulsion systems that allow them to remain submerged for longer periods of time, according to the Jerusalem Post, making it harder for them to be tracked by satellite. Experts view the purchase as a clear signal to Iran that Israel can retaliate if subjected to a nuclear attack.

“The Iranians would be very foolish if they attacked Israel,” said Paul Beaver, a British based defence analyst, speaking to the Washington Post. According to Beaver, the submarines would provide Israel with both first strike and second strike capability.

Israel already has land-based nuclear-capable ballistic missiles in the form of the Jericho I and II missiles.

German officials confirm that the contracts for the new submarines was signed July 6. The Jerusalem Post reports that they will be operational shortly.

Israel has never confirmed nor denied that it has nuclear weapons but is believed to have the world’s sixth largest stockpile of the devices, with most outside estimates putting their stockpile in the low hundreds. Israel’s possession of nuclear arms has often been a locus of bitter controversy in the Middle East, especially among countries who believe that the world community, and especially the United States, is hypocritical in its tolerance of Israeli nuclear arms while decrying the efforts of other Middle Eastern nations to develop their own nuclear capabilities.

Meanwhile, the Jerusalem Post reports there is a growing mood among Israel’s defence establishment that the country will have to act independently to stop Iran from obtaining nuclear weapons as the United States is unlikely to do so.

“America is stuck in Iraq and cannot go after Iran militarily right now,” according to an unnamed official quoted by the paper.

A report by the US House of Representatives’ Intelligence Committee released on Wednesday asserts that if Iran arms itself with nuclear weapons, Israel would be pressed to respond militarily. “A nuclear armed Iran would likely exacerbate regional tensions. Israel would find it hard to live with a nuclear armed Iran and could take military action against Iranian nuclear facilities,” the report states. Iran has continually maintained that it seeks only to develop nuclear technology for the production of electrical power, though this has been disputed by many nations.