Moreover. The evidence indicates that the mere release of the winch cable does not attest to a failure in the winch restraint system, whereas, as explained by both expert witnesses and by the ship's crew member, the release of a cable that was tied to the winch is a built-in protection mechanism, designed to prevent the cable from rupture or its complete disconnection (see the testimony of Mr. Shlomo Mann on page 14 of the transcript of the meeting, line 14 onwards, and the testimony of Mr. Giant, on page 18 of the minutes of the meeting, line 8 onwards).
Thus, at 5:00 P.M., when the cable that was connected to buoy No. 1 was released, the crew and the person in charge of loading managed to stop it and bring it back to the scene (see Edon Gidron, who described how at 5:00 P.M., when a cable tied to buoy No. 1 was released, "we managed to lift it back and close it"), without this being evidence of a failure in the winch from the perspective of those present, including Gidron. Moreover. Despite the continued winds after 5:00 P.M., and after the return of cable No. 1 as stated above, cables and ropes were not released until 8:00 P.M., in a manner that is inconsistent with an inherent failure of the mechanisms.
To this it should be added that while in two of the winches from which the cables were released the brake pads were replaced after the incident (and more on this later), in another part of the winches from which the cables were released, the brake pads were not replaced, to teach you that the very fact that the winch cables were released did not attest to a failure in the winch stopping mechanism in this case.
- The plaintiffs argued that the very consent of the ship's crew, as expressed in clause 48 of the check list, according to which the release of the ship would only be in winds of 35 knots or more, testifies to the fact that the winches were supposed to withstand winds of up to 35 knots, and the fact that this did not happen testifies to a failure of the winches, along with the fact that according to the ship's documents, these winches were supposed to withstand a load of up to 30 tons. is the load that was exerted on them by the wind of 30 knots.
I did not find any substance in these claims.