By Ju-min Park
GWANGJU, South Korea, June 17 The surviving crew
of a South Korean ferry that sank in April killing more than 300
people and sparking a nationwide outpouring of grief argued on
Tuesday that it was up to the coastguard to rescue the
passengers, not them.
Lawyers for the 15, who face charges ranging from homicide
to negligence, said that once coastguard rescuers had reached
the sharply listing vessel, the crew's job was over.
"The crew share the belief that they thought the coastguard
should be fully capable of the rescue because there was a
distress call and they arrived and they were the ones with
professional skills and equipment," lawyer Im Ju-young told the
court on the second day of the trial in Gwangju, the closest
city to the scene of the disaster.
The Sewol, overloaded and travelling too fast, sank off the
southwest coast on April 16 on a routine journey from Incheon on
the mainland to the southern holiday island of Jeju.
Of the 476 passengers and crew on board, 339 were children
and teachers from the same school on the outskirts of Seoul.
Only 172 people were rescued and the remainder are all presumed
to have drowned.
Crew members, including the captain, were caught on video
abandoning ship while the children stayed in their cabins as
told, wearing life jackets and awaiting further orders.
Im represents three crew members, including one charged with
homicide. The court granted a defence request to call coastguard
officials who first reached the sinking Sewol as witnesses.
The court also plans to call some of the surviving students
from the Danwon High School to hear testimony after they finish
their term exams, presiding Judge Lim Young-youb said.
Captain Lee Joon-seok, 68, and three senior crew are charged
with homicide, facing a maximum sentence of death. Two crew are
charged with fleeing and abandoning ship that carries a maximum
term of life in prison. Nine face negligence charges.
"They were in a panic and it didn't even occur to them to go
to rescue action stations," state-appointed defence lawyer Ju
Chul-soo, who represents two of the defendants, told the court.
Family members in court were more subdued on Tuesday than on
the first day of the trial last week when they had shouted abuse
at the captain, with one calling him a "murderer" as he entered.
The lawyers have now settled to the task of combing through
more than 1,400 items of evidence submitted by the prosecution.
Judges said they would travel to Incheon, where the ferry
company was based, with three of the defendants and their
lawyers on June 30 to inspect the Sewol's sister ship to gather
any evidence that may be related to the case.
Last week, defence lawyer Lee Kwang-jae, who represents the
captain, argued that the charge of homicide was excessive and
the primary responsibility fell on the coastguard.
"I think it is reasonable that rescue activities for the
passengers should be done by the coastguard that comprehensively
managed and monitored the accident and handled rescue-related
equipment, rather than the crew members," he said.
Im, Lee and Ju are among the six defence lawyers appointed
by the court and face the unpopular task of building a defence
when the crew have already been found guilty by an angry public.
All are junior lawyers who have been recently admitted to
the bar and have yet to open private practices.
They declined to comment on strategy when reached at an
office they share near the court but they have consistently
tried to build an argument that there was clear absence of
The coastguard has been publicly criticised for its slow and
ineffective response. President Park Geun-hye, in an emotional
public apology, last month said she would break up the
coastguard and transfer the rescue role to an agency yet to be
Legal experts said putting the blame solely on the
coastguard was unlikely to work.
"It's barely convincing," said Kim Hyun, a maritime lawyer.
"The crew stayed on the bridge for about 40 minutes and didn't
do anything to rescue passengers although they knew the ship was
going to sink. What crew members are claiming is hard to
Authorities are still searching for Yoo Byung-un, 73, head
of the family that owned the operator of the ferry, on charges
of embezzlement seen as a key factor that led to compromised
Police have arrested executives of the ferry operator and
subsidiaries of the investment firm held by Yoo's family but
they have yet to go on trial.
The Gwangju court next sits on June 24.
(Editing by Jack Kim and Nick Macfie)