6.2. The main offence – the evidence
The main offender was Wirana, and as mentioned in the introduction, the company had accepted the imposed fine. Nevertheless, the Court then sought to determine whether the prerequisite existed for a conviction of Mr. A for contribution.(1) At the end of the evidentiary discussion, the Court remarked, «It has also been taken into consideration that Wirana has accepted the fine.”
On the question of Wirana’s criminal liability, a comprehensive number of facts had been presented. The Court discussed the material in detail way and concluded that when the vessel sailed from Norway with a Julia Shipping crew on board, it had been decided by Wirana that the vessel’s destination was “Gadani in Pakistan for scrapping on the beach there”. In order to avoid the rules mentioned in no. 4 above, a cover story had been made up by Wirana.