Finland detained a vessel named Eagle S, which had dragged its anchor across the seabed and damaged submarine cables in the Baltic Sea. The investigation took some time, after which the evidence was submitted to a Finnish district court, i.e., the lowest judicial instance.
Instead of assessing the criminal liability of the act and delivering a verdict to those found guilty, the district court ruled that it had no jurisdiction to decide in such a criminal case. Therefore, the matter should be dealt with either in the courts of the crew’s home countries or in the courts of the flag state of the Eagle S. In other words, the case would fall under the jurisdiction of the Cook Islands, Georgia, or India.
However, Professor Ulla Tapaninen, a maritime transport expert at Tallinn University of Technology, has noted that “district courts often prefer to move complex cases up to higher judicial levels.” For this reason, she argues it is reasonable that the Eagle S case would be escalated from the district court to the court of appeal, which is one step higher in the judicial hierarchy.
In other words, the Finnish professor at the Estonian university assumes that the legal proceedings will continue in Finland. This raises the question: if that happens, will the court of appeal consider itself competent—contrary to the district court’s conclusion—to convict the crew of the Eagle S?
And if that is the case, who will bear the costs? The Finnish taxpayer, who has already been burdened with bills amounting to hundreds of thousands of euros?
And what would happen after such a farce? Would the case then be transferred to the courts of the Cook Islands, Georgia, or India—or would the legal consequences of the damage caused by the Eagle S to the submarine cables ultimately remain unaddressed?
And furthermore, if that is the case, does it mean that in the future the submarine cables running along the seabed of the Baltic Sea and other seas may be cut at will and without consequences?
Very good, the Finnish country washed itse hands. The cable cutting had an effect in Finland so the court should have workshop.
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