However, in the particular case that is the subject of this lawsuit, we are dealing with liability in relation to making decisions regarding the cessation of loading, as well as a decision regarding the timing of releasing the ship from its confinement in view of weather conditions, matters that are at the core of the knowledge and responsibility of the person in charge of loading, as opposed to the ship's crew.
The ship's crew does not have the authority to order the suspension of the loading of fuel; to disconnect the fuel supply pipeline; or to disconnect the ship from the dock and sail from the premises; and the powers in this regard are vested in the person in charge of the loading, as also evident from the conclusions of the 2017 investigation by the Rasfan and the managers of the Ship, and in a manner consistent with the provisions of Section 55 of the Ports Regulations.
An illustration of this can be found in the investigation of the incident conducted by the ship's crew, in which it was noted that when the cable from Winch No. 1 was released to 10 meters, the person in charge of the loading (Corporal Gidron) forbade touching the rest of the cables and ordered to wait until the weather was expected to improve, within one to two hours. This should reflect both the exclusive authority that the person in charge of loading has in this context, and the inherent advantage that he has in view of his familiarity with the conditions of the place and the weather conditions, when the ship's foreign crew relies in this case on his words regarding an expected improvement in the weather.
- In view of the above, I have not found any responsibility to be attributed to the crew members with regard to the decision-making process that led to the continued confinement of the ship, despite the weather conditions; the timing of its detachment and the cessation of its anchorage; and for the damages caused by this.
In this context as well, it should be said that even assuming that any liability could have been attributed to the crew members in this matter, it is null and void in the face of the fault of the party who was responsible for the loading process, when the responsibility of this latter party constituted the "decisive cause" for the damage event, in a manner that severs a causal link between the liability that can be attributed to the crew members and the damage that occurred.