Conclusion of investigation into the capsized tourist boat Thao Van 2 on the Han River

October 12, 2016 15:24

On October 12, Lieutenant Colonel Tran Chi, Deputy Head of the Investigation Police Agency of Da Nang Police, signed the investigation conclusion of case No. 53/KLĐT-PC44 regarding the sinking of the tourist boat Thao Van 2 on the Han River on the evening of June 4, killing 3 people and injuring 4 others.

Based on documents and evidence collected during the investigation and the statements of the defendants, the Da Nang Police Investigation Agency concluded that defendant Le Cong Chi (born in 1975 in Da Nang, residing in group 39, An Hai Bac ward, Son Tra district; captain of the tourist boat Thao Van 2) committed the crime of violating regulations on controlling water transport vehicles causing particularly serious consequences as prescribed in Clause 3, Article 212 of the Penal Code.

The capsized tourist boat Thao Van 2 on the Han River on the evening of June 4 caused particularly serious consequences (Photo: HC)

Accordingly, Le Cong Chi drove the Thao Van 2 ship (number DN0016) carrying 21 more passengers than allowed; did not check safety conditions for people and vehicles... causing the ship to capsize, killing 3 people, injuring 4 people with an injury rate of 11 - 12% (total injury rate is 45%), including 2 foreigners. Property damage according to the statements of 28 victims amounted to 616.4 million VND.

Defendant Vo Quoc Hung (born in 1972, hometown in Thang Binh, Quang Nam, residing at 162 Tran Phu, Hai Chau district, Da Nang; owner of Thao Van Yacht Private Enterprise) committed the crime of putting into use unsafe means of water transport causing especially serious consequences, as prescribed in Clause 3, Article 214 of the Penal Code.

Accordingly, Vo Quoc Hung put the Thao Van 2 ship into business operation; used the vehicle for an improper purpose such as using the ship's roof to arrange seats for passengers; did not arrange enough staff for the ship carrying 28 people, only 1 person was the captain, the driver, and the mechanic; the service staff on the ship did not have a crew card, were not trained in professional tourism transport; did not register the wharf for the Thao Van 2 ship, did not pay tax obligations in business activities, did not fulfill obligations to collect wharf fees, operated illegally for a long time to gain illegal profits...

Defendant Nguyen Ngoc Quan (born in 1981 in Hanoi, residing at the house of defendant Vo Quoc Hung; manager of the tourist ship Thao Van 2) also committed the crime of putting into use unsafe means of water transport causing especially serious consequences, as stipulated in Clause 3, Article 214 of the Penal Code.

Accordingly, Nguyen Ngoc Quan knew that Thao Van 2 ship did not meet the conditions for business operations but still used the vehicle for an improper purpose, such as using the ship's roof as a place for passengers to sit, organizing ticket sales and bringing passengers on board in excess of the prescribed number, leading to the ship capsizing.

Defendant Le Sau (born in 1975, hometown in Dong Hoi, Quang Binh, residing at 39 Thanh Hai, Thanh Binh ward, Hai Chau district, Da Nang; Director of Da Nang Inland Waterways Port Authority) committed the crime of lack of responsibility causing serious consequences as prescribed in Clause 2, Article 285 of the Penal Code.

Accordingly, the defendant Le Sau was responsible for managing all activities of the Da Nang Inland Waterways Port Authority, but was irresponsible, did not inspect, and strictly handle the illegal operation of the Thao Van 2 ship from 2015 to June 4, 2016. He allowed the ship owner to illegally anchor at the Han River port and operate freely for a long time.

Although the Da Nang Department of Transport had directed the ship Thao Van 2 to be towed to the border station before 8:00 p.m. on June 2, not allowing it to operate, the defendant Le Sau did not organize the implementation thoroughly and was irresponsible, allowing the ship to continue operating illegally for two nights, June 2-3. On the evening of June 4, this defendant did not inspect or handle the violation, allowing the ship Thao Van 2 to continue selling tickets and collecting money, and taking more passengers on board than the prescribed number, leading to the ship capsizing with extremely serious consequences.

The Da Nang Police Investigation Agency has transferred all the case files and evidence to the Da Nang City People's Procuracy, requesting to prosecute the above defendants according to the crimes and laws cited in the investigation conclusion No. 53/KLĐT-PC44. It is known that 7 lawyers have registered to defend the 4 defendants above.

According to Infonet

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Conclusion of investigation into the capsized tourist boat Thao Van 2 on the Han River
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