The High Court has fined the Fiji Development Bank $100,000 for not complying with the Removal Order of the vessel MV Tunatuki from Fiji Ports Corporation Ltd.
The High Court judge, Justice Vishwa Datt Sharma has ruled FDB has committed an offence under the Sea Port Management Act 2005 and its refusal to remove the vessel continues to cause damage to the Suva Port Boundary, the Suva Harbour and the environment as a whole.
The judge stated in his April 25 ruling that MV Tunatuki was sighted half submerged 14 years ago.
“The board of directors approved the chief executive officer to order the removal of the vessel from the port,” said Justice Sharma.
“On April 15, 2010, Patel Sharma Lawyers were instructed to act accordingly and serve the order for the removal of the vessel MV Tunatuki from the sunken position from the port against the defendant, Fiji Development Bank.
“No action was taken by the defendant, Fiji Development Bank, although Fiji Development Bank sought the extension of time on a couple of occasions and again failed to comply with the respective order of removal.
“Whilst failing to comply with the removal order of the vessel MV Tunatuki from the port; the defendant, Fiji Development Bank, committed an offence under the Sea Port Management Act 2005.
The maximum fine under this section is $250,000.
“To date the defendant, Fiji Development Bank has failed to have the vessel removed.
“The sunken vessel is causing environmental damage and is a hazard to other port users and navigations, to ships going to shipway operations including hazard to incoming ships which would want to berth which will result in substantial loss of revenue to the plaintiff (Fiji Ports)”
Justice Sharma ordered FDB to pay all costs incurred by the Fiji Ports until the complete removal of the vessel ‘MV Tunatuki’ from the Suva Port and pay for any damages caused to the environment and its surroundings by the vessel ‘MV Tunatuki’.
“The defendant, Fiji Development Bank, is ordered to pay a fine of $100,000 within 14 days timeframe.
“The defendant, Fiji Development Bank is ordered to pay the Plaintiff (Fiji Ports) any interests accrued, and costs summarily assessed at $20,000.”
