«Can Corporations be Criminally Responsible? Conceição Soares Assistant Professor Centro de Estudos em Gestão e Economia/ Faculdade de Economia e ...»
The Marchioness/Bowbelle case represents very well the difficulty of attributing criminal res-ponsibilities in matters relating to safety. The dredger (Bowbelle) struck from behind the Marchioness on the night of August 1989 on the river Thames, with the loss of 51 lives. “Lord Clarke’s report said: The basic cause of the collision is clear. It was poor lookout on both vessels. Neither vessel saw the other in time to take action to avoid the collision…. The owners of the Bowbelle, East Coast Aggregates, and the managing company for the dredger, South Coast Shipping, must bear their share of responsibility for the collision for failing properly to instruct their masters and crews [on lookout duties] and for failing thereafter to monitor them. … Lord Clarke criticised the former Department of Transport, which he said had been well aware of the problems posed by the limited visibility from the steering positions.” Even when it is not difficult to find the causes of the disaster it is not simple to bring a criminal prosecution against the corporation. See, “Report Spreads Blanket of Blame for Thames Tragedy”, The Guardian, Saturday March 24, (2001).
4 P & O European Ferries took over Townsend Car Ferries Limited.
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