‘Romana 1’ owner gives State 14 days... or go to court

The Director of a local shipping company and owner of the cargo vessel, “MV Romana 1,” which has been impounded in Haiti for the past five years, is giving Prime Minister Patrick Manning and the State, approximately 14 days to help him release his ship or he will take the matter to court. Steve Thomas, Director of Pyramid Shipping Consultants, now Director of BaySix Lines Ltd, said Government failed to honour a memorandum of understanding which promised to support him in getting his ship out of Haiti. Thomas once chartered the Romana 1 as a cargo vessel carrying goods and hardware material between Trinidad and Tobago in the late 1990s.

His desire is to see the vessel resume servicing the seabridge between Trinidad and Tobago, but this will not be possible until the Romana 1 is brought back to its homebase. Following a dispute with the ship’s owner in November, 1999, the captain and crew of the Romana 1 headed for international waters. The vessel reportedly left TT’s territorial waters without clearing with the Immigration and Customs authorities contrary to the laws of the country and later docked at Port-au-Prince, illegally. Upon arrival in Haiti, the crew members and James Hackett, an employee of Pyramid Shipping Company Limited, a national of TT, were detained and goods valued at approximately $3 million on board that pirates had commenced discharging were reportedly seized. Pyramid Shipping eventually took the vessel owners to court, both in Miami and Haiti.

The owners chose not to pay the fine and the vessel was subsequently advertised by the Haitian court and put up for sale. Thomas, together with the help of a business partner, was able to secure the vessel, which is now under the ownership of BaySix Lines Limited of which he is currently a director. Despite a few meetings with Manning and the Attorney General to help him get back the Romana 1, the vessel still remains a captive in Haitian waters nearly five years later. Thomas claims that the Ministry of Foreign Affairs, under the former UNC government, signed a memorandum of understanding, which indicated a promise to help ensure that the vessel is brought back to Trinidad in article three of the memorandum. Article three states: “The Ministry of Foreign Affairs of Trinidad and Tobago (MFATT) undertakes to ensure that its designated representative shall provide to the vessel MV Romana 1, all which is required for return to Trinidad and Tobago.” He was also asked by the former Cabinet the cost of getting back the vessel, which he said would have been approximately US$41,000. The matter was deferred but was never brought up again by either the UNC or PNM government.

Romana 1 - An embarrassment for TT

Thomas said the last communication he had with Haiti concerning the matter was with the Honorary Counsel to that country, Marcau Lois, who asked him when he was coming to collect his vessel. Thomas said the new regime which replaced the Jean-Bertrand Aristide government, fully supports his goal to get Romana 1 to sail back home. He lamented, however, that it was only the TT government which was holding back the necessary arrangements. “This remains an embarrassment to the country. Up until now, Haitian officials still remind me that my vessel is in Haitian waters and they ask me when am I going to take  back my boat,” he said in dismay. He is disappointed that the TT Coast Guard did not do enough to help bring the vessel home, especially with the knowledge that the Romana 1, operated in TT under a droghers licence (to operate in TT and regional waters). In an interview with Sunday Newsday last week, Thomas likened his vessel to that of a human being, stranded on a desert island and in need of rescue.

Currently, the US marines are helping him upkeep the standard of the boat while in Haiti and Thomas said colleagues living there, keep him up-to-date on the Romana 1. “People ask me, ‘How do you manage a smile, to know that your vessel has been in Haiti for so long?’ I am hurt and I go crazy. It is better to hope and pray that someone will listen and let good sense prevail. I feel that instead of government spending TT$100m to purchase a new vessel, it can spend TT$1.8m and bring the Romana back home,” he said. An official from the Office of the Attorney General assured that the matter is before the AG, John Jeremie, and is receiving attention.

Thomas pleaded with the AG to handle the matter in a more speedy manner, noting that the issue has been dragging on for almost three years. He said even though government may dismiss the matter as a trivial one, it ought to remember the number of people who suffered as a result of the controversy. One of these people singled out by Thomas, was TT national, James Hackett, who was detained in Haiti as a result of the situation. He lamented that Hackett died about two years ago and never received compensation.

The letter to Manning

The following is a portion of the letter addressed to Prime Minister Patrick Manning on the current status regarding the Romana 1

The Honourable Patrick Manning
Prime Minister
White Hall,
Dear Sir,

I write to you as Director of BaySix Lines Ltd and I am authorised to urgently seek your assistance with the return of the Romana 1 to Trinidad and Tobago to service our seabridge.
MV Romana 1 is still in Haiti and at present, good and clear title is held by our Company.
We seek humanitarian assistance in order to meet the following payments:
Port charges which are justly owed to the Haitian state
- US$70,000
Haitian attorney fees  - US$46,200
Security guards’fees - US$15,000
Local attorney fees    - US$10,000
Total of request         -US$141,200
We also seek a government guarantee in the sum of US$183,800 to undertake the following works which are required under international law:
a. Dry docking of vessel
b. Repainting of vessel
c. Re-flagging
d. Re-classing
e. Re-naming
f. Hull and machinery insurance

In relation to this requested guarantee, BaySix Lines Ltd is willing to effect an arrangement to have charter fees paid directly to the Port Authority of TT, which would in turn, deduct a monthly sum (to be agreed upon) until the loan is paid off.
Thomas said he would also like the cargo owners to be compensated for their losses when the Romana 1 was seized.

Romana 1 to rescue Tobago, provide jobs

It may cost Government as much as TT$100 million if it is seeking to purchase a new cargo vessel to service the seabridge between Trinidad and Tobago. Thomas said BaySix Lines Ltd is willing to charter the Romana 1 to the Government to help the people of Tobago in the transportation of hardware material and other goods and services. The vessel is priced at US$2.3 million. He noted that there were several construction projects being undertaken on the sister isle, including a new hospital, a large shopping mall, hundreds of housing projects and road programmes. “By bringing the Romana 1 home, government will be helping a lot of people, including cargo owners and the people of Tobago who continue to suffer on a daily basis,” said Thomas.

He said the vessel has 11 “reefer plugs,” meaning it can carry that amount of refrigerator containers for people wanting to export refrigerated products such as meat and ice-cream from Trinidad. “I am hoping that Government will use the vessel as a charter service for about six months with an option for another six months until it gets the fast ferry it wishes to purchase for TT,” he said. Thomas explained that the Romana 1 can carry up to 220 cars under its deck, 125 20-foot containers and has 10,000 square feet of space (approx two lots of land), ideal for palletised cargo/roll-on-roll-off/ heavy construction materials.

In his letter, Thomas indicated that approximately 24 permanent jobs — 18 on board the vessel and six shore-based, all for locally qualified personnel — would be created if the vessel is brought back home. “The Romana 1 has performed in Tobago to the satisfaction of all her consignees during her short charter period. As a result, contractors were able to complete a lot of projects which had been hanging for quite some time. The port of Scarborough was overwhelmed with cargo,” he pointed out.

Background of the Romana 1

On November 1, 1999, in the midst of a dispute between the local Charterer (Pyramid Shipping Consultants Limited) and the vessel’s owners over terms of the charter party, the Romana 1 left Trinidad and Tobago’s territorial waters without clearing with the Immigration and Customs authorities, contrary to the TT laws and with goods on board belonging to nationals of the country  reportedly valued at approximately TT$3 million. On board the vessel was James Hackett, a Tobagonian by birth, who was taken outside this jurisdiction against his will. After traversing different parts of the Caribbean, the Romana 1 illegally entered Haiti and was detained by the Haitian authorities. Hackett, who ended up staying in Haiti for about three months, was able to return to Trinidad as a result of diplomatic initiatives conducted by the Ministry of Foreign Affairs.

The Ministry interfaced with the Haitian authorities and an Agreement was concluded with the Ministry of Foreign Affairs of Haiti, on May 19, 2000. The Agreement resulted in the handing over of the Romana 1 to representatives of Pyramid Shipping on May 23, 2000. A judgment in favour of Pyramid Shipping was handed down in Haitian court on May 9, 2000. As a result of the judgment, Pyramid Shipping offered  the vessel for sale and has completed the 30 day advertisement of judgment as required by Haitian law. The Romana 1 now has free and clear ownership by BaySix Lines Limited of TT.