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Ferry disaster captain escapes death penalty

The captain of a South Korean ferry that capsized, killing more than 300 people, has been jailed ...
Newstalk
Newstalk

06.46 11 Nov 2014


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Ferry disaster captain escapes...

Ferry disaster captain escapes death penalty

Newstalk
Newstalk

06.46 11 Nov 2014


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The captain of a South Korean ferry that capsized, killing more than 300 people, has been jailed for 36 years.

Lee Joon-seok, 69, was found guilty of severe dereliction of duty but cleared of murder following a five-month trial.

The three-judge bench ruled that prosecutors, who had demanded the death penalty for the captain, failed to prove the most serious charge of "homicide through wilful negligence".

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Three other senior crew members, who had also faced homicide charges, were sentenced to jail terms of up to 30 years.

"We find it hard to conclude that the defendants ... were aware that all of the victims would die because of their actions and they had an intention to kill them," the bench said.

"Therefore the murder charges are not accepted."

The verdicts and sentences handed to 11 other crew members also on trial were not immediately clear.

The overloaded Sewol capsized on 16 April while making a turn during a routine voyage to the holiday island of Jeju.

Members of the crew were among the first people to be rescued from the ship, while the mostly teenage passengers waited in their cabins.

Lee had apologised for abandoning the passengers but said he did not know his actions would lead to so many deaths.

The public outcry prompted by the tragedy led to concerns that the crew may not get a fair trial, with private sector lawyers largely shunning the defendants.

Only one crew member was represented by a private lawyer during the trial, which saw occasional emotional outbursts from families in the public gallery.

Cheong Yeong-seok, a law professor at Korea Maritime and Ocean University, said: "I think the prosecutors have been under very heavy pressure.

"In my opinion, the death penalty which prosecutors demanded is too much for the captain's charge.

"But the public opinion was too negative and the situation from the gallery in the courtroom wasn't good."

Death sentences are rare in South Korea, which has not carried out an execution for more than 15 years.

Kim Hyun, a maritime lawyer advising the government on payment of damages to victims in the sinking, said he believed the crew received a fair hearing.

"I think it has been a fair trial given the defendants and their lawyers have made enough arguments in favour of them, despite public criticism," he said.

Only 172 of the 476 passengers and crew were rescued, with 304 confirmed dead.

The crew on trial have said they thought it was the coastguard's job to evacuate passengers. Video footage of their escape triggered outrage, especially after survivors testified that crew repeatedly told passengers to stay put.

 


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