Lexor
thanks for the link , First of all, I do not defend this Master in any way. what he did is
his buisiness and he has to deal with it.
I looked it through, it says almost clearly in each paragraph that it is understood,,but not that it is written law !!!
If it is morally ok,,that,s a matter of opinion and could be discussed and I personally believe it is wrong to leave. But it says he "MAY" be prosecuted and not he can and will based on this or that law. Also the reference of SOLAS is kind of lame, it regulates
the life saving equipment on board a ship, but it does not outline the duties of a Master pointedly beside he is in charge which is in the Muster rolls outlined. But also there it is that he is in command, but not that he has to leave the ship last.
His duty is to stay in command and be in command, but he has to base the very same command to abandon ship for example on informations other officers and crewmember give or in this case gave him. now the big question is, did he still have communication at the time or not and what info he got, if at all.
Also the issue with the CG, there is no law (to my knowledge) that they can order him back. If he should have gone back , yes,, I agree.
But there is no such law in "written" which says he leaves last to my knowledge in maritime law. How one wants to know as Master if I am last or not, on a passenger vessel with 1000s of people. On a freighter I might be able to count the 25 men into the boat,,but on a passenger vessel, virtually impossible I would say, and then we are back to the point,,what infos HE got from HIS officers and/or crew,, did he have contact with all of them at that time,,, most probably that is already in such a situation at least questionable.
Common thinking is that he should go last. However I would say there are situations where he even can not know if he is last or not,, special on a passenger vessel.
If this Captain now acted morally ok or not has nothing to do with the law. He claims he fall off the vessel, ok,, believe it or not is one matter, but now the law must prove that he really left the vessel willfully, He also seemingly said he tried to get back,, but could not. Again the law would have to prove he did not and not the other way around.
Presumed innocent until proven guilty.
As stated above,,morally,,thats a total other story, but the clear written law is not there.
And in my opinion ,also as Capt, can not be there because it would put one life higher or lower then the other. Does the Capt has to wait until he dies too ? Or can he jump in the last moment, and if so,,does he have to go back, also knowing that may be he can not get out again ?
I would say it is a rather tricky situation and is from case to case different, but that is exactly the reason why it can not be written into law that he has to stay last.