The Japan Coast Guard has recommended negligent homicide charges for the USS Fitzgerald’s officer of the deck and the ACX Crystal’s second officer, following the fatal collision on 17 June 2017, about 60 miles southwest off Yokosuka, which caused death of seven sailors.
The guidance comes after an investigation that determined both officers were responsible for steering their ships at the time of the accident, according to Japan Coast guard officials as quoted by local media. They namely noted that the US ship should have taken action to avoid the tragedy, because the ACX Crystal was on its right-hand side, recognizing though also the container ship’s failure to respond effectively in order to avoid collision.
The accident was the first of two deadly collisions involving US warships and merchant vessels within approximately two months. On 21 August, the US warship ‘John S. McCain’ collided with ‘Alnic MC’, east of the Straits of Malacca and Singapore, resulting in death of ten US sailors.
An official report published by the US navy revealed that both accidents could have been avoided and were caused by human error and lack of procedural compliance, although no single person could be defined as fully responsible. The findings triggered a general concern within the US Navy on navigational safety, certification and training issues, while it led to a three-month review on the existing systemic conditions influencing the Navy over the last 30 years.
The commanders of the two US warships also faced military criminal charges related to dereliction of duty, hazarding a vessel and negligent homicide.
