News UpdatesBank Liable For Fraudulent Online Transaction If Account Holder’s Fault Not Proved : NCDRC Akshita Saxena8 Jan 2021 9:56 PMShare This – xThe National Consumer Disputes Redressal Commission (NCDRC) recently held that in case of fraudulent transactions leading to withdraw of money from a person’s bank account, the concerned bank shall be responsible for the loss, not the customer, if it is not proven that the fraudulent transaction had taken place due to account holder’s fault. The ruling was made by Presiding Member…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe National Consumer Disputes Redressal Commission (NCDRC) recently held that in case of fraudulent transactions leading to withdraw of money from a person’s bank account, the concerned bank shall be responsible for the loss, not the customer, if it is not proven that the fraudulent transaction had taken place due to account holder’s fault. The ruling was made by Presiding Member C. Viswanath, who opined that in today’s digital age, the possibility that the credit card was hacked or forged cannot be ruled out. The NCDRC stated that in a case where the Bank has been unable to prove that the impugned fraudulent transaction had taken place due to account holder’s fault, for example loss of credit card, the Bank shall be made liable for the unauthorized transactions, as it is deemed that there was a security lapse in the electronic banking system through which the transactions had taken place. “Bank cannot rely on arbitrary terms and conditions to wriggle out of its liability towards customers and any such terms and conditions must be in conformity with the directions issued by the RBI which is responsible for safekeeping of the Banking Systems and maintaining checks and balances in the same,” the Commission said. Background In the present case, the Commission was hearing a Revision petition filed by the HDFC Bank against dismissal of its appeal by the State Commission, thereby upholding the order directing the Bank to compensate the customer for fraudulent transaction from her account. The Complainant-customer had stated that the credit card was in her possession when the disputed transactions had taken place. She further stated that the transactions had taken place remotely, several miles away from her actual location and therefore, the reason for the fraudulent transactions must be forgery/hacking of the card or some other technical and/or security lapse in the electronic banking system through which the transactions had taken place. The Bank had on the other stated that the Credit Card must have been stolen and that it is due to the Card Holder’s negligence that she lost safe custody of her card. Findings The Court noted that the Bank had failed to produce any evidence to substantiate its averment that the credit card was stolen or that the Complainant had resorted to any fraud/forgery. “In the absence of any evidence that the credit card was stolen, I hold the Bank for the unauthorized transactions,” Presiding Member C. Viswanath said. The Commission relied on a RBI circular as per which, zero liability will rest with the customer, where the deficiency lies in the banking system. As per Circular dated 6 July 2017: A customer’s entitlement to zero liability shall arise where the unauthorised transaction occurs in the following events: Contributory fraud/ negligence/ deficiency on the part of the bank (irrespective of whether or not the transaction is reported by the customer). Third party breach where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, and the customer notifies the bank within three working days of receiving the communication from the bank regarding the unauthorised transaction. In the facts of the case, the Commission noted, (i) The first unauthorized transaction took place on the 15.12.2008. (ii) The said transactions were observed by the Bank on 15.12.2008 itself. (iii) The Complainant’s father was contacted only on 18.12.2008. (iv) On 20.12.2008, within three days of receiving information form the Bank, the Complainant’s father notified the Bank that the transactions were unauthorized. “In such circumstances, therefore, even if the deficiency was not with the Bank, but elsewhere in the system, the Bank will be held liable for all the 29 unauthorized transactions which were effected from 15.12.2008 till the card was hotlisted, i.e. till 20.12.2008,” the Commission said. Reliance was also placed on Punjab National Bank & Anr. v. Leader Valves II, (2020) CPJ 92 (NC), where the Commission while addressing the question of liability of a Bank in case of unauthorized and fraudulent electronic banking transactions, had observed: “The first fundamental question that arises is whether the Bank is responsible for an unauthorized transfer occasioned by an act of malfeasance on the part of functionaries of the Bank or by an act of malfeasance by any other person (except the Complainant/account-holder). The answer, straightaway, is in the affirmative. If an account is maintained by the Bank, the Bank itself is responsible for its safety and security. Any systemic failure, whether by malfeasance on the part of its functionaries or by any other person (except the consumer/account-holder), is its responsibility, and not of the consumer.” Case Title: HDFC Bank & Anr. v. Jesna JoseRelated : Banks Cannot Recover From Customers The Amount Lost By Them Through Online Fraud : Kerala HC [Read Judgment]Banks Liable For Unauthorised Withdrawals Even If Customers Did Not Respond To ‘SMS Alerts’: Kerala HC [Read Judgment] Click Here To Download Judgment Read JudgmentNext Story
Today, music and food street fair Taste of Randolph Street announced the artist lineup for their 2018 event, set to take place at 900 W. Randolph St. in Chicago, IL, on June 15th, 16th, and 17th. Curated by Silver Wrapper, the 22nd-annual edition of the storied street fair will feature some of the nation’s hottest up-and-coming bands and musicians, as well as the biggest names in Chicago house music, performing on two live music stages and a DJ stage.Taste of Randolph Street will feature headlining sets by Allen Stone, The Devil Makes Three, Chicano Batman, Lukas Nelson & Promise of the Real, Mayer Hawthorne, Trevor Hall, and Mondo Cozmo in addition to performances by Wax Tailor (solo set with guests), Everything Everything, Overcoats, Moon Hooch, Family and Friends, Susto, Slenderbodies, MONAKR, Andy Frasco & The UN, Bay Ledges, Jennifer Hartswick & Nick Cassarino, Natalie Cressman Band, Vinyl Station, Mothica, Frequilibrium, Leadfoot, Pino Farina Band, Heather Horton Band, Wairing For Henry, and many more yet to be announced.In addition to the music lineup, Star Events and WLCO will bring together the biggest and brightest names in Chicago dining, featuring over 16 restaurants exemplary for delectable menus and irresistibly unique flavors. Participating restaurants include Alahambra Palace, Bar Siena, Belly Q, Mad Social, Clone Gourmet, Gideon Sweets, Grange Hall Burger, Forno Rosso, La Sardine, Publican Quality Meats, Chicken Shop, City Winery, Ronero, Roister, Bellemore, and Monteverde.The best part: The festival’s entrance fee is a suggested $10 donation that will benefit the West Loop Community Organization, which has been a public advocate for local businesses and economic development in Chicago’s West Loop neighborhood since its inception in 1991. For more information and updates regarding Taste of Randolph Street 2018, check out the event’s Facebook page. To grab your tickets to Taste of Randolph Street 2018 now, head here. VIP tickets are also available for purchase here.
Annie Smierciak Students meet with employers at the 2019 Fall Career Fair. The annual fair is hosted by the Meruelo Center for Career Development and provides students with the chance to explore job and internship opportunities.Willerton said the Meruelo Center for Career Development has been helping students prepare for the career fair since the start of the school year by hosting workshops and presentations on resume writing, improving interview skills and building literacy with LinkedIn and Handshake, among other opportunities.“Our staff of 10 career counselors have been meeting with students individually to tailor their approaches to the career fair, and a number of campus departments have scheduled events in conjunction with the career fair to offer students opportunities to meet with alums and recruiters,” Willterton said in the email.Michelle Feely, a master’s student pursuing an M.S. in engineering, science, technology and entrepreneurship, said she came to the career fair to speak with healthcare companies. Notre Dame’s fair offered a more diverse selection of companies than those she had attended in the past, she said.“There was a whole row that was filled with healthcare, biotech pharmaceuticals — also life science consulting — so it was really nice,” she said.Though some students land jobs or internships at the fair, many are there to acquaint themselves with job opportunities and to strengthen relationships with employers.Sophomore Philip Hough said he was on the hunt for summer opportunities. He appreciated how personable the representatives were, he said.“There were a lot of people in there that were really great, especially a lot of alumni who seemed like they’re trying to help out,” Hough said. “ … Some conversations lasted two minutes, some lasted 10 [to] 15. Most of them were actually longer conversations”While the fair saw a high number of companies represented, a disproportionate number were there to plug careers in consulting, senior computer science major Abigail Lane said.“There’s not a ton of just pure tech,” she said. “So we definitely have room to grow there.”Senior Emma Shimek, who is majoring in mechanical engineering, said that lack of representation makes it hard for students interested in pursuing careers in technology to network.“I know there’s people who work for Google and Apple from our school, but they have to work hard outside of what our career center provides to get those opportunities,” she said.Additionally, some of the lines for employers ran long, Shimek said. Waiting in line could at times take upwards of 40 minutes, she said.“I talked to four different companies, and two of them were industry and two of them were consulting,” Shimek said. “And that took me two and a half hours, because [there were] so many people.”This year Notre Dame also piloted a new career search platform, Handshake. Shimek said she finds the platform more useful than the University’s former platform, IrishCompass.“I think it gives a little bit more access that might be room for us to get more like employers from different areas,” she said.Students who weren’t able to make this year’s fair need not worry, Willerton said — more opportunities for career engagement abound.“The Fall Career Fair is just one of the many pieces of the puzzle with the career development process,” he said.Tags: career development, career fair, Ryan Willerton Students swarmed the Joyce Center Fieldhouse for career and internship networking opportunities Tuesday afternoon at Notre Dame’s annual Fall Career Fair.This year’s fair offered students the opportunity to meet one-on-one with representatives from 200 businesses and organizations from a wide array of disciplines. Traditionally, the fair was held in Notre Dame Stadium, but was relocated based on employer feedback, Ryan Willerton, associate vice president for career and professional development, said in an email.
Feb 26, 2007 (CIDRAP News) – Health officials in Kuwait have reported finding H5N1 avian influenza in backyard and captive birds at several locations in the past two days, according to news services.Yesterday health ministry spokesman Ahmed al-Shatti announced that 20 falcons, chickens, and turkeys at the Kuwait Zoo, on farms, and at a clinic for falcons were infected, according to an Associated Press (AP) report. Today al-Shatti said the disease was found in three turkeys and nine chickens in home pens in Wafra, which is south of Kuwait City, and in the northern district of Doha.The H5N1 outbreaks are the first reported in Kuwait since November 2005, when news services said the disease was found in a flamingo and a falcon. However, World Organization for Animal Health (OIE) databases do not document any H5N1 cases in birds in Kuwait. The country has reported no human H5N1 cases.The health ministry closed the Kuwait Zoo and bird markets yesterday and banned all bird imports and exports, the AP reported. Officials culled poultry on the involved farms and gave antiviral medication to people who had been in contact with infected birds, al-Shatti told the AP.Meanwhile, state-run television in Vietnam announced today a new H5N1 outbreak, according to Agence France-Presse. Bird deaths occurred in Hai Duong province, about 30 miles east of Hanoi. No other details were available.In December and January, avian influenza returned to seven southern Mekong Delta provinces after about a year with no major outbreaks. The new report is the first in about a month.In Russia, the H5N1 virus has spread to another province, Kaluzhskaya, about 50 miles southwest of Moscow, according to a report submitted today to the OIE. The province is the third affected this year. The outbreak, which began Feb 5, killed a flock of 17 backyard poultry.Several poultry outbreaks were recently reported around the Moscow region, and in late January the virus was detected in poultry in the Krasnodar region in southwestern Russia.In other developments, Reuters reported late this afternoon that an Egyptian woman from the Nile Delta town of Beheira tested positive for the H5n1 flu virus. The news was attributed to Egypt’s state news agency MENA. The woman was described as a housewife who raised chickens.In addition, a 15-year-old girl from Laos has been hospitalized with suspected H5N1 avian flu, the Chinese news service Xinhua reported today. The patient, from the capital city of Vientiane, is undergoing testing and treatment in Thailand. Her family said she had had no contact with dead poultry before she got sick, Xinhua reported.See also:OIE reports on Russian outbreakhttp://www.oie.int/downld/AVIAN%20INFLUENZA/A2007_AI.php
Lausanne, Switzerland | AFP | The Rio 2016 cash-for-votes inquiry in Brazil has placed the International Olympic Committee under a fresh cloud of corruption less than a week before it is due to award the 2024 Games to Paris.Almost two decades after its image took a battering with the Salt Lake City 2002 bribery affair the IOC finds itself at the centre of a new scandal.It centres on Brazil’s Olympics chief, Carlos Nuzman, who Brazilian officials on Tuesday accused of being the “lynchpin” in a plot to bribe the IOC into awarding Rio de Janeiro last year’s Games.Former IOC member Nuzman was taken in for questioning with his passport confiscated and his house searched.Brazilian police say they are probing “an international corruption scheme” aimed at “the buying of votes for the election of (Rio) by the International Olympic Committee as the venue for the 2016 Olympics.”Rio won the right to hold South America’s first Olympics, beating off competition from Madrid, Tokyo and Chicago at a 2009 IOC Congress in Copenhagen.An arrest warrant was issued for Arthur Soares, a businessman who won lucrative pre-Olympics contracts from Rio’s government.One of his former associates was arrested in Rio and 11 properties were subjected to search and seizure raids. One of them was in Paris, French authorities said.Prosecutor Fabiana Schneider told a press conference that Soares, known in Brazil as “King Arthur,” allegedly bribed the son of disgraced Senegalese IOC member Lamine Diack before the 2009 vote in Denmark.Diack, who was head of the International Association of Athletics Federations (IAAF) at the time, had considerable influence over African votes on the IOC.Nuzman, Schneider said, had been the “lynchpin” between Soares and the son, Papa Massata Diack.– Credibility at risk –One seasoned Olympic observer told AFP on Wednesday the dramatic developments in Rio could prove a disaster for the IOC, depending on how the police inquiry evolved.“The IOC can currently defend that it was the action of a rogue group masterminded by the Diack family,” said Patrick Nally, the Briton who founded the IOC’s ‘TOP’ sponsorship programme. Share on: WhatsApp If however other IOC members are outed by having received similar payments from the Diack pot, and the claimed action regarding the Tokyo vote is evidenced, the IOC credibility will be in “tatters” as it will be going in the same direction as FIFA, with Salt Lake being seen as a mere “plaster over the cracks”, he went on to warn.“Taking Nuzmann down is one thing as it characterises that all the issues are Brazilian issues, naming more IOC members changes the matter significantly, but will the French with their Olympic trophy have the appetite to go further?”The IOC appeared to be taken by surprise by news of the extensive Brazilian police operation on Tuesday.“The IOC has learned about these circumstances from the media and is making every effort to get the full information,” an IOC spokesman said at the organisation’s headquarters in Lausanne.“It is in the highest interests of the IOC to get clarification on this matter.”Brazilian investigators have worked closely with a similar French probe into the vote buying and French officials, including well-known anti-corruption judge Renaud Van Ruymbeke, attended the raid on Nuzman’s home.A lawyer for Nuzman, Sergio Mazzillo, said his client “says he did not act in an irregular way, that he did nothing wrong during the campaign.”The charges swirling around Rio’s bid revive memories of the bribery scandal attached to the designation of Salt Lake City as the venue for the 2002 Winter Games.That led to 20 IOC members being either kicked out of the Olympics’ ruling body or pleading guilty to accepting bribes for votes.That affair led to the IOC rewriting the rule book on how it went out about awarding future Games.“Protecting the integrity of the candidacy process remains of the highest interest to the IOC as does identifying and punishing any infraction,” the IOC recalled this week.The IOC meets in Lima, Peru on September 13 to officially unveil Paris as the hosts of the 2024 Games with Los Angeles set to be attributed the 2028 Olympics.
Roger Stone will be heading to jail on June 30th unless his friend President Trump Pardon’s him. Here’s Stone talking about the prosecutorial misconduct in his case.Roger StoneStone was sentenced to 40 months in prison by a federal judge in November after his conviction for lying to Congress, tampering with a witness and obstructing former special counsel Robert Mueller’s investigation. Stone has been living at his home in Broward since his early morning arrest by a heavily armed SWAT team in early 2019.Stone posted about about the date on his Instagram account Thursday, writing the messages “#deathsentence” and “#freerogerstone.” “The Bureau of Prisons has changed the date … of my surrender to June 30 but I will NOT be quarantined for Covid-19,” Stone wrote in the post.
Image Courtesy: PTI/cricket.com.auAdvertisement j054NBA Finals | Brooklyn Vs5v83Wingsuit rodeo📽Sindre Ewn4( IG: @_aubreyfisher @imraino ) 5jdWould you ever consider trying this?😱77szpCan your students do this? 🌚6fjrjRoller skating! Powered by Firework Every cricket team that has ever gone on a tour of New Zealand knows the one infamous nightmare- the indomitable and unconquerable lethality of the bowling action of the Black Caps on their home soil. The Indian cricket team is well aware of this. From the disappointing test series loss back in 2014, to even the defeat in the T20 tour last year. While another tour of New Zealand is coming up, Team India’s stormy opener Rohit Sharma sheds positivity on the outcome.Advertisement Image Courtesy: PTI/cricket.com.auRohit Sharma was on a special interview session with the Press Trust of India. While the white ball expert discussed his path to success in Test cricket, he stated that the loss to New Zealand in the past has little chance of repatation, as the Men in Blues now have gained alot of momentum in the bowling department.Rohit said to PTI: “New Zealand is not the easiest place to play cricket. Last time, we lost the Test series (0-1) but we gave a good fight. But this bowling attack of ours is completely different from what we had back then.”Advertisement From the novice days of Ishant Sharma and Umesh Yadav, to the rise of superstar pacers such as Bhuvneshwar Kumar, Deepak Chahar and Jasprit Bumrah, the foundation of India’s bowling squad has strengthened at its core.However, the New Zealand bowlers also pack a punch. The likes of Neil Wagner, Matt Henry, Trent Boult and Tim Southee will be a tough hurdle on an already challenging environment away from home, as Rohit continues: “For me personally, it’s going to be a challenge without doubt, facing the new ball bowlers and the guys who bowl in the middle overs.”Advertisement While the red ball behaviour is a lot more manageable at home soil that it is on outside, the 32 year old reminded of India’s recent rout of South Africa at home, where Kohli and co thrashed the Proteas 3-0 in the test series back in October 2019.“Facing the new ball in any conditions is not that easy. Of course, it’s lot tougher outside India. But then, we played three Test matches against South Africa and I have never seen the ball swing so much in India like it did in Pune (second Test),” Rohit recalled the different behaviour of the ball in the SA tests.The Mumbaiker had a stunning spell in the series, scoring 176 and 127 in both innings of the first test, and finishing with a blistering knock of 212 runs in the third and final day at the JSCA International Stadium Complex in Ranchi.Rohit continued: “The first few overs that they (SA) bowled, the pitch was damp and so they got pretty much everything out of it. In Ranchi (where he got a double hundred) also, we were three down in no time.”The NZ series 6 years ago saw a 1-0 win for the hosts, as the first Test at Eden Park saw the visitors suffering a defeat of 40 runs. The second and final test at Basin Reserve was a draw as Rohit managed to make a score of 31 runs in the second innings.“But I know what to expect as I have been there the last time [2014 New Zealand series]. Not the easiest of conditions but I will be ready for that challenge.” Rohit added.Also read-Ian Bishop all praise for Indian fast bowling quartet: I didn’t expect this much improvementRohit Sharma reveals Test success followed after he stopped overthinking his red ball batting Advertisement
Fresh from a controversial draw decision in New York against American Jason Sosa, Nicholas ‘The Axeman’ Walters arrived in Jamaica last Saturday for an extended holiday in his hometown Anchovy, St James. “I will be in Jamaica for about a month. I will be taking it easy for the first week or so, just relaxing after my fight with Sosa. After that I will be getting back into training with my dad, as I cannot afford to get out of shape now, as 2016 will be a big year for me,” he told The Gleaner. The Walters versus Sosa fight has been the talking point in boxing circles for the past few weeks, following the surprising draw decision in Verona, New York, on November 19, in which nearly everyone except the three judges thought that Walters had won easily. One judge had Sosa as the winner 96-94, while the other two judges scored it 95-95, for a majority draw decision. The punch statistics favoured Walters as they showed that he landed 436 of 610 punches thrown, while Sosa landed 121 of 225. Walters also hurt Sosa in the fifth round but did not go in for the kill. Commenting on the fight, Walters said that there was no doubt in his mind that he had won his first fight as a super featherweight, and that he did not see his opponent winning more than possibly one round. What he has learnt from this experience he said, is that he has to “knock out all my opponents, so as to avoid any more bad decisions”. His father Job, who returned to Jamaica with him after being in his corner for the fight, said that ” it was a very poor decision. I think that Nick won every round. That is behind us now, however, and we are looking to the future”. He went on to say, “I think that it was a blessing in disguise, as we got more publicity from this bad decision than when Nicholas beat Donaire to become super champion. Everywhere we went, Nicholas was mobbed. He received a great welcome when he returned to Panama, and when we landed in MoBay, the people were all over us. It has been good, and the important thing is that he is still unbeaten.” Walters is now 26-0-1. A decision that has to be made by the Walters connections is whether he will fight as a featherweight at 126 pounds or as a super featherweight at 130 pounds in 2016. He told The Gleaner that when he returns to Panama next month, he will sit down with his team, go through all the options and make the decision. ” I can fight at either weight” he added.
The Dutch Safety Board in its final report into the loss of MH17 on July 24 2014 has claimed that the airspace should have been closed to all civilian air traffic much earlier.MH17 a Boeing 777-200ER on route from Amsterdam to Kuala Lumpur was shot down by a Russian made Buk surface-to-air missile system fired from Eastern Ukraine with the loss of 298 occupants. “The crash of flight MH17 was caused by the detonation of a 9N314M-type warhead launched from the eastern part of Ukraine using a Buk missile system,” the reports says. “Moreover, it is clear that Ukraine already had sufficient reason to close the airspace over the eastern part of Ukraine as a precaution before 17 July 2014. None of the parties involved recognised the risk posed to overflying civil aircraft by the armed conflict in the eastern part of Ukraine,” claim the Dutch.In response to the crash of flight MH17 the Dutch Safety Board has conducted various investigations, which have been published in two reports. The first report is on the causes of the crash and the issue of flying over conflict areas. The second report is on the compilation of the passenger list and the process of informing the relatives of the Dutch victims. The rationale behind the investigations has been published separately.AirlineRatings.com publishes below the executive summary of the report;Buk missile systemThe investigation has shown that flight MH17 progressed normally up to the moment when the aeroplane was flying over the eastern part of Ukraine. At 13.20 UTC (Coordinated Universal Time) a 9N314M warhead, launched by a Buk surface-to-air missile system from a 320-square-kilometre area in the eastern part of Ukraine, detonated to the left and above the cockpit. The forward section of the aircraft was penetrated by hundreds of high-energy objects coming from the warhead. As a result of the impact and the subsequent blast, the three crew members in the cockpit were killed immediately and the aeroplane broke up in the air. Wreckage from the aeroplane was distributed over various sites within an area of 50 square kilometres. All 298 occupants were killed.The Dutch Safety Board has established the cause of the crash on the basis of several sources. For example, the weapon system used was identified on the basis of, among other things, the damage pattern on the wreckage, the fragments found in the wreckage and in the bodies of crew members, and the way in which the aircraft broke up. The findings are supported by the data on the flight recorders; the Cockpit Voice Recorder picked up a sound peak during the final milliseconds. In addition, traces of paint on a number of missile fragments found match the paint on parts of a missile recovered from the area by Dutch Safety Board. Other potential causes, such as an explosion inside the aeroplane or an air-to-air missile, have been investigated and excluded. No scenario other than a Buk surface-to-air missile can explain this combination of facts. The 320-square-kilometre area from which the missile was launched has been determined on the basis of various simulations. Additional forensic investigation will be needed to establish the exact launching location; however, such an investigation lies outside the scope of the Dutch Safety Board’s mandate.The airspace over the eastern part of UkraineThe airspace over the eastern part of Ukraine was much in use: between 14 and 17 July 2014, 61 operators from 32 countries routed their flights through this airspace. On the day of the crash, until the airspace was closed, 160 commercial airliners flew over the area. Malaysia Airlines prepared and operated flight MH17 in accordance with regulations. As the state of departure, the Netherlands had no responsibility to advise Malaysia Airlines (or KLM, as its code share partner) with regard to the chosen flight route.On 17 July 2014 an armed conflict was taking place in the eastern part of Ukraine. In the preceding months, the conflict had expanded into the airspace: from late April the number of military aircraft downed increased. According to statements by the Ukrainian authorities, in two cases long-range weapons were used. In the Dutch Safety Board’s opinion, Ukraine had sufficient reason to close the entire airspace over the eastern part of Ukraine as a precaution. Instead, on military grounds flying at lower altitudes was restricted. The same turns out to apply to conflict areas elsewhere in the world: it is rare for a state to close its airspace because of an armed conflict.Flying over conflict areasThe Dutch Safety Board has noticed that the current system of responsibilities with respect to flying over conflict areas is inadequate. Operators assume that unrestricted airspaces are safe. When assessing the risk, the operators do usually take into account the safety of departure and arrival locations, but not the safety of the countries they fly over. When flying over a conflict area, an additional risk assessment is necessary. Therefore, the Dutch Safety Board considers it extremely important that parties involved in aviation – including states, international organisations such as ICAO and IATA, and operators – exchange more information about conflict areas and potential threats to civil aviation. When processing and interpreting this information, more attention should be paid to the development of the conflict, including any increase of military activity and shootings from the ground. States involved in an armed conflict should receive more incentives and better support to safeguard the safety of their airspace. In addition, the Dutch Safety Board is of the opinion that operators should give public account for their flight routes.Passenger informationAfter the crash of flight MH17 was reported, many relatives gathered at Amsterdam Airport Schiphol , hoping to obtain more information there. At the end of the evening an initial passenger list was made public. It then took two to four days before all of the surviving relatives received confirmation from the Dutch authorities. When gathering information related to the passenger list and determining the identity of the occupants and their surviving relatives, the information that various parties gathered about the victims and their relatives was not combined. The Dutch crisis organisation failed to function properly and the government authorities involved lacked direction. In order to improve information provision after a crash, the Dutch Safety Board recommends – among other things – that passengers’ nationalities be registered on passenger lists. The Dutch Safety Board also recommends that the Dutch government make provisions to improve direction in case of a disaster abroad with a large number of Dutch victims.ReconstructionOver the past months, a reconstruction of the forward part of the aeroplane was assembled at the Dutch air base of Gilze-Rijen. The reconstruction clearly shows the effects of the impact and subsequent blast, and has been important for verification and additional substantiation of the investigation’s results.
Divers from the Italian Navy’s Operational Divers Group (GOS) prepare to search underwater for survivors of the capsized Costa Concordia in January 2012. (Image: Italian Navy GOS) • Captain Nicholas Sloane Senior Salvage Master Costa Concordia Removal Project +27 83 648 2649 [email protected] • South African women marine pilots make history • Ships pitch in for 2010 • Mercy Vision: sight to the blind • Cooperating to cut down piracy • Durban reels in its biggest fishMelissa Jane CookThe wrecked Costa Concordia cruise ship began her final voyage on 23 July, after spending more than 600 days partially submerged near Isola del Giglio, Italy. The wreck is being towed to the north-western Italian port of Genoa, where she will be dismantled for scrap.The city is home to the ship’s owner, Costa Crociere Spa, and the trip will take four days. The Associated Press reported that boat sirens wailed and bells tolled on the island just before two tugboats pulled the Concordia away from Giglio’s port.Accompanying the tugs and Concordia, moving at two knots, or 3.7 kilometres an hour, are several boats to monitor any pollution in the waters, which are home to dolphins. Nets have been attached to the sides of the liner in case any remnants of the last passenger cruise, such as dishware, pots and pans, bed linen, chairs and other furnishings, tumble out.The cruise ship capsized after striking a reef on 13 January 2012, killing 32 passengers and crew members. A South African has been at the helm of the greatest salvage of all time: Captain Nicholas Sloane is the senior salvage master on the Costa Concordia Removal Project. The complex salvage operation, for which a technique called “parbuckling” was used, was the largest and most expensive in history. The actual parbuckling took 19 hours, and when it was complete, the ship’s horn sounded above the crowd’s shouts and cheers.A week after she was refloated, the Costa Concordia was slowly raised off the reef for her final journey.Tragedy struckThe Costa Concordia was sailing in the Tyrrhenian Sea with more than 4 200 passengers and crew when she struck rocks off the Italian island of Giglio, ripping a 48.7m gash in her hull. The ship began to list and soon lost power when the engine room flooded. Despite the growing disaster, the order to abandon ship was not issued for more than an hour. The evacuation took more than six hours. In all, 32 people were killed, and the body of one presumed victim, Indian waiter Russel Rebello, was never found. A search for his body on the seabed, where the ship lay, will begin on Friday.Removing the Concordia and taking her to Genoa would cost $2-billion, Costa Crociere chief executive Michael Tamm said. The ship, which first sailed in 2005, cost about $570-million.Watch the 19-hour raise of the Costa Concordia, in 2 minutesSalvage challengesSloane said the Costa Concordia was the biggest ship ever salvaged with the use of external buoyancy only. “This means placing 32 sponsons around her like arm-bands on a kid to swim [water-wings].”Her location made the feasibility of such a technique almost impossible, and most other salvage companies around the world said that it could not be done, citing various reasons.“First, we had to support the ship on the edge of the underwater cliff – so that she could not fall down into deeper water. She was resting on two outcrops – roughly 100 metres apart – so we had a valley of 100m wide, with a depth of up to 25 metres beneath the ship’s hull. There was no support for 100 metres to the bow or 100 metres to the stern,” explained Sloane.“We had over 120 divers placing grout bags on the seabed [and] then filling them with grout cement. Over 24 000 tons of grout was used and the finished result had to be as good as a bed mattress – to support the Concordia when we parbuckled her last September.”He said that once parbuckled, “she came to rest on six platforms – three large platforms under her belly and three smaller ones under her stern section. The bow was supported by a huge neck brace, allied a blister tank. These were 6 500 cu/m [cubic metres] of buoyancy to support her weight forward of the reefs.”Drilling into the granite rock was extremely difficult, given the angle 25 to 35 degrees and the need for accuracy – the holes had to fit the legs of the platforms, which were being made all around Italy. The hole diameter was two metres and the drill head weighed over 70 tons, but the legs fitted perfectly once the platforms arrived.The weather added to the difficulty, Sloane said. Over the winter seasons it was far worse than predicted, “with three times 10-year storms encountered we lost almost 100 days the first winter alone, on the drilling programme”.Watch the South African salvage master make historyPeople on the jobSloane said that getting the right people to carry out the project, and stay with it as continuity was vitally important, was a big part of its success. “To develop a long-term salvage plan, and then be able to adapt it at short notice without having a negative impact on other phases of the project, requires a core team that can follow the changes and then drive the changes to get off the critical path.”There were up to 530 people working on it in 2013, with 325 this year, from 26 nationalities, which added to the difficulties.Dedicated to the jobA job of this nature does not offer regular hours and Sloane said that it had been very difficult for him to be away from his family for such long periods of time. “Being away from my wife, Sandra, and children, Nicola, Johnathan and Julia-Raine, is extremely difficult. Normally a salvage operation is over in in five to 10 weeks, with wreck removal taking longer, but seldom more than a year. This project has been very demanding and has kept me away from them a lot, maybe only had three months at home in 27, with them visiting me here for a few weeks in school holidays.”A love for the oceanWith a deep love of the sea, Sloane maintains that salvage is his calling; he is incredibly passionate about his profession. “I always loved the sea, water, so I went into the Merchant Navy in 1980, with Safmarine, on general cargo ships, bulk carriers and containers ships. After the Castello del Belver in 1983, I found out that Saftug was a division of Safmarine, and requested a transfer. I found the salvage towing and offshore sector of the maritime industry far more attractive for me and have been involved in it ever since,” he said.Francesco Schettino, the Italian captain of the Concordia, is on trial in Tuscany, the sole defendant. He stands accused of multiple manslaughter, causing the wreck and abandoning ship while hundreds of passengers and crew were still aboard the badly listing liner. He claimed the reef was not on the liner’s nautical charts.The calamity will never be forgotten. “Every time I walk on board and around the ship, it feels very eerie and makes you realise how tragic the whole incident was,” said Sloane. “It is something that I will never forget.”