– The whole case has been an extreme burden for my client and his family, says lawyer Christian Lundin.
Together with colleague Tom Sørum, he defends the 33-year-old former watch commander, who was standing on the bridge when the frigate KNM “Helge Ingstad” collided with the tanker Sola TS, 8 November 2018.
Read the TV 2 case: The warship that collided and sank
Now the 33-year-old is alone charged with negligently causing damage at sea and breach of military criminal law.
He himself believes that he is being blamed for the collision. He feels that is completely unreasonable.
Here the frigate and Sola TS collide
Even though the watch commander formally has the ultimate responsibility, the defender believes that there are so many different causes of the accident that it would be wrong to place a single man on the dock.
– We will elaborate on this during the main negotiation. It was dramatic when the accident occurred, but from day one a picture has been painted in the media that my client just drove into the tanker, says Lundin, and continues:
– He reacts strongly to that, because this case is more complex than that.
ASSISTANCE: Lawyer Christian Lundin defends the 33-year-old together with his colleague Tom Sørum. Photo: Penelope Alida Larsen / TV 2
Life-threatening situation
Only coincidence meant that none of the 137 people on board the frigate lost their lives or were seriously injured.
On this November night in 2018, the frigate had sailed into the Hjeltefjord outside Bergen, after taking part in the NATO exercise “Trident Juncture”
In this TV 2 special you can read and see what happened when one of the defence’s pride collided with the tanker Sola TS at 04.01 that night.
During the collision, the warship sustained a large gash in its side, causing it to take in water.
TORN UP: After the raising of Helge Ingstad, you could clearly see the laceration the frigate suffered in the collision with the tanker Sola TS. Photo: Geir Johnny Huneide / TV 2
Several on board the frigate have told of dramatic minutes after the collision.
Report: Lack of training
In the Accident Investigation Board’s final report, it was stated, among other things, that the Norwegian Navy had not given the crew good enough conditions to master such a complex situation.
They pointed out in particular that the crew lacked practice, and that too little time and resources were set aside to realistically practice accident scenarios.
– The crew was very well trained in everything from ground collisions, skirmishes and fire, but they lacked training related to a very special scenario of an accident, such as this one, said the head of the Norwegian Navy, Rune Andersen to TV 2 in April 2021.
BASIC SUPPORT: KNM Helge Ingstad at the scene of the accident in Øygarden, 12 November 2018. Photo: Terje Pedersen / NTB
A burdensome use of time
It is now a full four years since the accident. The defender says the use of time has been a big extra burden for the 33-year-old.
– He feels that it is completely wrong to impose criminal liability on him, as an individual navigator. He believes the accident is due to a system failure, and he finds it unfair that he is being made a scapegoat, says Lundin.
That the traffic center at Fedje and those responsible for the tanker Sola TS go free is a particular extra burden, says the lawyer.
– He believes that he should in any case not sit alone on the dock. It is not his point to single out others, but his view is that the accident is due to the failure of several systems, and that the other central actors have a significant share of responsibility for the accident occurring.
THE DAMAGE: Here you can see the tanker Sola TS, around 09.00 on 8 November 2018. Just hours after the collision, you can see the damage from the collision on the right of the picture. Photo: Ivar Lid Riise / TV 2
TV 2 has submitted the accusations against Fedje VTS to the Norwegian Coastal Administration. They write in an e-mail that they do not wish to comment on the matter.
Criticism of the entire bridge crew
In June 2022, the Ministry of Defense was imposed a corporate penalty of NOK 10 million following the accident. According to Lundin, the warden believes that the matter should have ended there.
In its justification, the Attorney General referred to more than the warden.
«The Attorney General has concluded that there are grounds for personal criminal liability for the responsible navigator, cf. Doc. 01.19, but also the bridge crew’s overall behavior must be characterized as negligent.”
THE BRIDGE: Pictures from inside the frigate Helge Ingstad while it was being destroyed Norscrap West at Hanøytangen outside Bergen. Photo: The Norwegian Navy
– Not quite right
State prosecutor Benedikte Høgseth says that even though the 33-year-old is the only defendant in this case, it is not the case that he alone bears all the blame.
– No, that’s not quite right. The defense has also been subject to corporate sanctions, and it is no secret that the other actors mentioned have also been under investigation.
– When the Attorney General has now assessed that there are only grounds for indicting the 33-year-old and dropping the other cases, then we have to deal with that, she says.
PROSECUTOR’S OFFICE: State prosecutors Benedikte Høgseth and Magne Kvamme Sylta will lead the case for the prosecution. Photo: Elias Engevik / TV 2
IN the reasons for the Attorney General Jørn Maurud, the following is written:
“The Attorney General has concluded that the dominant cause of the collision was negligent navigation on board KNM Helge Ingstad.”
That is why the trial is long
Now – a full four years after the accident – two months have been set aside for the trial in Hordaland district court.
It is a long time, but the public prosecutor is aware that you need time.
– This is a case that has been very thoroughly investigated. There are many actors and a lot of research, and this has taken time. In addition, the prosecution has been long, I will not hide that.
When a frigate worth several billion kroner breaks down, there is also a lot of technical work to be reviewed.
HEAVY LOAD: After several months of work, the frigate Helge Ingstad was raised and transported to Hanøytangen outside Bergen. Photo: Ole Martin Wold / NTB
Must review everything
State prosecutor Magne Kvamme Sylta will prosecute the case for the prosecution together with Høgseth.
He says the trial is long, partly because you have to account for the entire course of events in a case with several dimensions.
– The indictment concerns one person, but the situation involves two ships that collided in the area of responsibility of the Fedje maritime traffic centre. Here it must be explained how everything came together, he says.
The maximum sentence for the charges in question is five years. A verdict in the case will not come until several weeks after the trial ends on March 10.
ACCIDENT LOCATION: Hjeltefjorden is large and very busy. The prosecution says they need a long time to go through all aspects of the incident. Photo: Jan Kåre Ness / NTB
The Navy: – Demanding
TV 2 is aware that the accused 33-year-old still works in the Armed Forces.
The head of the Norwegian Navy, Rear Admiral Rune Andersen, writes in an e-mail to TV 2 that they will not comment on the trial until it has started.
He nevertheless acknowledges that the accident with KNM “Helge Ingstad” has weighed heavily on the Navy’s shoulders ever since it occurred.
– In retrospect, we have spent a lot of time and energy on uncovering causal relationships and strengthening safety on board our vessels, both through improving education, training, planning and procedures.
– The Norwegian Defense Forces have also acknowledged our responsibility in the accident and accepted the corporate penalty imposed, he writes.
SUPPORT: The head of the Norwegian Navy, Rear Admiral Rune Andersen, says the accused 33-year-old is a very capable officer who the Norwegian Defense is now looking after. Photo: Sorosh Sadat / TV 2
Andersen writes that the Norwegian Navy works continuously to improve security, regardless of the court case.
– But it is clear that it will be demanding for the Norwegian Navy and our employees for the case to be unfolded again in its full breadth and depth both in the legal system, in the press and in discussion among most people.
– A very capable officer
When asked how the Norwegian Armed Forces are now taking care of the 33-year-old, who through his defenders says it is a stressful time, the rear admiral writes that they are supporting him as best they can.
– The defendant is a very capable officer who has continued to do an important job for the Navy throughout this period. We have a good support system and a good culture for colleague support.
– It has been important for us to look after him in the best possible way until this trial.
Chief Sjø will not comment on the former warden’s statement that he believes it is unreasonable to be prosecuted alone.
– The navy has confidence in the legal system and the upcoming trial and will not comment on its content until it has started.
