Lawyers for Concordia shipwreck survivors demand cruise company, not just captain, pay a price

Whatever verdict is delivered in the trial of the Italian sea captain for the shipwreck of the Costa Concordia cruise liner and for the deaths of 32 people, survivors and victims' families already are wondering if justice will be done.

The trial, expected to bring a verdict this week, has a sole defendant. Francesco Schettino is accused of causing the shipwreck on the night of Jan. 13, 2012, when he steered too close to a tiny Tuscan island, smashing into a granite reef that sliced open the hull, sending seawater rushing in.

Schettino is also charged with multiple manslaughter and injury, and of abandoning the luxury liner when many of the 4,200 passengers and crew were still aboard and desperately trying to save themselves — some by leaping into the sea — as the Concordia was capsizing.

Survivors, shivering as they staggered ashore on Giglio Island, were startled to see the captain, already safe on land, "without even getting his feet wet," noted Prosecutor Alessandro Leopizzi in closing arguments.

The cruise company, Costa Crociere SpA, has put the blame squarely on Schettino.

On Monday, the defense wraps up its final arguments, and Schettino may speak one last time to the court. He has already denied abandoning ship, saying he was thrown in the water as the ship rolled on its side.

Schettino has also said he ruled against early evacuation because he wanted to steer the Concordia closer to shore.

The trial will finish late Monday or Tuesday morning, with deliberations to follow. The trial, held in a theater for more space, in the Tuscan town of Grosseto, also put the spotlight on errors by other crew, and equipment malfunctions in the chaotic hours surrounding the collision. In closing appeals to the court, lawyers for survivors and for victims' families insisted that senior executives of Costa Crociere be made to pay hefty damages for so much death and suffering.

"Something is missing in this trial of Schettino," said Cesare Bulgheroni, a lawyer who represents a Greek couple who survived and the estate of a German woman who didn't. "It is incomplete because, in our view, other responsibilities, beyond his, emerged."

In a phone interview, Bulgheroni highlighted some of what went wrong. An emergency diesel generator didn't work; elevators didn't shut down for safety reasons during the disaster; some crew didn't speak Italian, the ship's working language, and others barely spoke English. The Indonesian-born helmsman botched a last-minute maneuver ordered by Schettino because he apparently didn't understand the command, as testimony revealed during the 19-month-long trial.

Bulgheroni and other lawyers for civil plaintiffs have banded together in a network called "Justice for the Concordia." They contend that Costa Crociere's board of directors should be equally responsible.

"We didn't have those people in the dock. There was only Schettino," Bulgheroni said. He said people didn't die because the ship hit the rocks, they perished "because they weren't helped in the emergency."

In 2013, a judge in Tuscany fined the company 1 million euros (then $1.3 million). Costa had asked for a plea bargain deal to respond to administration sanctions, which, under Italian law, are given for companies whose employees commit crimes.

Five Costa Crociere employees were allowed to enter plea bargains in exchange for lenient sentences. None of them is serving prison time. They include the helmsman and the company's land-based crisis coordinator, who, prosecutors said, downplayed the severity of the emergency.

Prosecutors have asked the court to convict Schettino and sentence him to more than 26 years in prison.

"Whether it is 26, 20, 10, to us it doesn't matter," another lawyer for plaintiffs, Massimiliano Gabrielli, argued in court. He added: "For this trial to have really served a purpose ...Costa Crociere must be made to pay."

Costa Crociere's lawyer at the trial, Marco De Luca, scoffed at the demand for punitive damages. He told reporters outside the courtroom that it's "not in the least bit possible ... that Costa Crociere in some measure could have been able to prevent a disaster of this kind."

With the help of insurance, Costa Crociere paid for the complex engineering operation that raised the wrecked Concordia upright so it could be towed to the mainland for scrapping.

The cruise company, a division of Miami-based Carnival Corp., is a major customer for Fincantieri, an Italian state-run shipbuilder.


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