Court to hear Baltimore’s petition to prevent Dali crew members from leaving country

By Breana Ross, Greg Ng, David Collins

Click here for updates on this story

    SPARROWS POINT, Maryland (WBAL) — Baltimore filed a court petition in an effort to prevent crew members onboard the Dali cargo ship from leaving the U.S.

The crew of the Dali is stuck on board in a constant state of uncertainty, and the city wants them to stay put. The presiding federal judge said there are legal hurdles to consider.

Court documents obtained Wednesday morning by 11 News indicate the city learned on Tuesday that eight Dali crew members received permission from the Coast Guard to debark and leave the country as early as Thursday.

In a letter addressed to U.S. District Judge James K. Bredar, the city’s outside counsel indicated the crew members have permission to return to their home country. The almost two dozen crew members aboard the Dali are from India and Sri Lanka.

There’s concern that if the crew members leave, there may not be a future opportunity to question them about the collapse of the Francis Scott Key Bridge. The attorneys said the crew members have critical knowledge and information about the March 26 collision and that litigants need to depose all the crew members as part of ongoing legal actions.

The attorneys wrote, in part: “If they are permitted to leave the United States, claimants may never have the opportunity to question or depose them.”

The city is seeking a guarantee that all the Dali’s crew members will be made available for deposition.

According to court motions, lawyers for the Dali’s owner, Grace Ocean Private Ltd., and managing company, Synergy Marine Group, point out that the eight crew members have been interviewed by the Department of Justice. Lawyers contend if clients were brought in for depositions, they would advise them to invoke their 5th Amendment rights anyway.

“Under the circumstances, we see no purpose in convening depositions on an emergency basis to accomplish this formality,” attorney William Bennett wrote in an email entered into court records.

WBAL-TV 11 News obtained Bredar’s memorandum and order, written in response, in which he set a motions hearing in U.S. District Court for 10 a.m. on Thursday, 12 weeks after the bridge collapse.

In his order, Bredar stated that the city had failed to cite any authority to support the relief it seeks and that the court lacks authority to “forbid persons from leaving the jurisdiction … (which) would implicate their liberty interests.”

“The court would not take such an action lightly, and in particular, not without assurance that, one, it had the authority to issue such an order, and, two, the crew members’ rights would be adequately protected,” Bredar wrote.

However, upon learning of the new information about the eight crew members who might leave this week, the court cited “this turn of events” and scheduled a hearing.

“While the court is not enjoining the crew members’ travel, the court will direct petitioners not to facilitate the departure of any crew members prior to the conclusion of the hearing, and will direct the United States not to deport the crew members and to take whatever affirmative action is necessary to ensure the crew members’ presence in this jurisdiction through the conclusion of the hearing,” Bredar wrote.

The Dali blocked the channel for weeks after the bridge collapse. Though the ship has since been moved in May to Seagirt Marine Terminal, the crew remains on board.

The Rev. Joshua Messick, port chaplain and executive director of the Baltimore International Seafarers’ Center, told 11 News he often provides counseling to the crew.

“I didn’t know the city wanted the entire crew to stay. It doesn’t make sense to me. The messmen or the cooks, those types of crew, it doesn’t make sense to keep them here,” Messick told 11 News. “Some of us who are caring for them, including the unions and the International Transport Federation, have worked to petition for shore leave. It has been denied each time.”

The FBI and National Transportation Safety Board continue to investigate the cause of the crash and collapse that killed six construction workers.

A class-action lawsuit was filed in April on behalf of local businesses, and the city is exploring all legal options against the owner and operator of the Dali as Mayor Brandon Scott said he’s pushing for accountability.

“(We’re going) to do everything in our power to bring every single piece of information out and every single resource, anything we can do to help Baltimore recover from that tragedy,” Scott said.

The Dali has been scheduled to set sail Thursday to Norfolk, Virginia, for repairs. Messick told 11 News the crew members will stay behind, but it not known who would foot the bill.

“I do know, from speaking with the legal team, that half of the crew was already going to be detained here. They will be put up in apartments or hotels for that time,” Messick told 11 News.

In April, Synergy Marine Group and Grace Ocean Private Ltd. took court action seeking protection when it comes to liability.

Please note: This content carries a strict local market embargo. If you share the same market as the contributor of this article, you may not use it on any platform.