Tuesday 11 November 2014

Ferry captain not guilty of murder





  • NEW: The government said it may appeal the verdicts

  • Captain Lee Joon-Seok acquitted of murder, but sentenced to 36 years

  • Over 300 people died in the sinking after the ferry capsized in April

  • Prosecutors sought the death penalty




Gwangju, South Korea (CNN) -- Lee Joon-seok, the captain widely derided by families for leaping to safety while the hundreds of people remained inside the sinking South Korean ferry, was sentenced Tuesday to 36 years in jail.


Although he was acquitted of murder, Lee was found guilty of violating "seamen's law" and abandonment causing death and injury.


The sentence was the culmination of a five-month trial. A panel of three judges delivered the verdict and the sentence for Lee, who was accused of multiple charges including negligence, abandonment, and murder, for his conduct on the Sewol ferry that sunk on April 16.


Prosecutors had sought the death penalty for Lee, alleging that he did not use the available equipment such as life rafts, life vests and announcements to evacuate the passengers.


Appeal likely









Sewol ferry captain Lee Joon-Seok was acquitted of murder, avoiding a death sentence, but was sentenced to 36 years in jail on November 11 for his role in the maritime disaster that killed more than 300.Sewol ferry captain Lee Joon-Seok was acquitted of murder, avoiding a death sentence, but was sentenced to 36 years in jail on November 11 for his role in the maritime disaster that killed more than 300.



Shoes believed to belong to the missing and the deceased are on display at the harbor.Shoes believed to belong to the missing and the deceased are on display at the harbor.



Jindo harbor, where the search operation is based, has become a memorial for those who lost their lives. Yellow ribbons and photos are displayed as people come to pay their respects.Jindo harbor, where the search operation is based, has become a memorial for those who lost their lives. Yellow ribbons and photos are displayed as people come to pay their respects.



A joint government-civilian task force is still looking for the missing, but winter is fast approaching. A joint government-civilian task force is still looking for the missing, but winter is fast approaching.



Ten are still missing from tragic ferry sinking last April, which killed more than 300. Six months later, families are still waiting for their loved ones to be found. The parents of 16-year-old Huh Da-yoon, pictured, are among them.Ten are still missing from tragic ferry sinking last April, which killed more than 300. Six months later, families are still waiting for their loved ones to be found. The parents of 16-year-old Huh Da-yoon, pictured, are among them.



The families of the ten who remain missing have been waiting in Jindo Indoor Gymnasium since the first day. Families can watch search mission in real time on a large monitor in the gym.The families of the ten who remain missing have been waiting in Jindo Indoor Gymnasium since the first day. Families can watch search mission in real time on a large monitor in the gym.



South Korean President Park Geun-hye weeps while delivering a speech to the nation about the sunken ferry Sewol at the presidential Blue House in Seoul, South Korea, on Monday, May 19. More than 200 bodies have been found and nearly 100 people remain missing after the ferry sank April 16 off South Korea's southwest coast.South Korean President Park Geun-hye weeps while delivering a speech to the nation about the sunken ferry Sewol at the presidential Blue House in Seoul, South Korea, on Monday, May 19. More than 200 bodies have been found and nearly 100 people remain missing after the ferry sank April 16 off South Korea's southwest coast.



Police in Seoul detain a protester during a march Saturday, May 17, for victims of the Sewol.Police in Seoul detain a protester during a march Saturday, May 17, for victims of the Sewol.



A girl in Seoul holds a candle during a service paying tribute to the victims of the Sewol on Wednesday, April 30. A girl in Seoul holds a candle during a service paying tribute to the victims of the Sewol on Wednesday, April 30.



People pay tribute to victims at a memorial altar in Ansan, South Korea, on Tuesday, April 29.People pay tribute to victims at a memorial altar in Ansan, South Korea, on Tuesday, April 29.



A police officer holds an umbrella for a relative of a missing ferry passenger Monday, April 28, in Jindo, South Korea.A police officer holds an umbrella for a relative of a missing ferry passenger Monday, April 28, in Jindo, South Korea.



South Korean Buddhists carry lanterns in a parade in Seoul on Saturday, April 26, to honor the memory of the dead and the safe return of the missing.South Korean Buddhists carry lanterns in a parade in Seoul on Saturday, April 26, to honor the memory of the dead and the safe return of the missing.



Divers search for people in the waters near Jindo on April 26.Divers search for people in the waters near Jindo on April 26.



People in Ansan attend a memorial for the victims on April 26.People in Ansan attend a memorial for the victims on April 26.



A diver jumps into the sea near the sunken ferry on Friday, April 25. A diver jumps into the sea near the sunken ferry on Friday, April 25.



A relative of a passenger weeps while waiting for news of his missing loved one at a port in Jindo on April 25.A relative of a passenger weeps while waiting for news of his missing loved one at a port in Jindo on April 25.



People attend a memorial for the victims at the Olympic Memorial Hall in Ansan on Thursday, April 24.People attend a memorial for the victims at the Olympic Memorial Hall in Ansan on Thursday, April 24.



Yellow ribbons honoring the victims flap in the wind as a hearse carrying a victim's body leaves Danwon High School in Ansan on April 24. Most of the people on board the ferry were high school students on their way to the resort island of Jeju.Yellow ribbons honoring the victims flap in the wind as a hearse carrying a victim's body leaves Danwon High School in Ansan on April 24. Most of the people on board the ferry were high school students on their way to the resort island of Jeju.



People attend a memorial for the victims at Olympic Memorial Hall in Ansan.People attend a memorial for the victims at Olympic Memorial Hall in Ansan.



Search personnel dive into the sea on Wednesday, April 23.Search personnel dive into the sea on Wednesday, April 23.



Flares light up the search area on Tuesday, April 22.Flares light up the search area on Tuesday, April 22.



The sun sets over the site of the sunken ferry on April 22.The sun sets over the site of the sunken ferry on April 22.



A relative of a ferry passenger prays as she waits for news in Jindo on April 22.A relative of a ferry passenger prays as she waits for news in Jindo on April 22.



The search for victims continues April 22 in the waters of the Yellow Sea.The search for victims continues April 22 in the waters of the Yellow Sea.



Rescue workers in Jindo carry the body of a passenger on Monday, April 21.Rescue workers in Jindo carry the body of a passenger on Monday, April 21.



Divers jump into the water on April 21 to search for passengers near the buoys that mark the site of the sunken ferry.Divers jump into the water on April 21 to search for passengers near the buoys that mark the site of the sunken ferry.



Search operations continue as flares illuminate the scene near Jindo on Sunday, April 20.Search operations continue as flares illuminate the scene near Jindo on Sunday, April 20.



Relatives of missing passengers grieve April 20 in Jindo.Relatives of missing passengers grieve April 20 in Jindo.



Relatives of passengers look out at the sea from Jindo on April 20.Relatives of passengers look out at the sea from Jindo on April 20.



Police officers in Jindo stand guard Saturday, April 19, to prevent relatives of the ferry's missing passengers from jumping in the water. Some relatives said they will swim to the shipwreck site and find their missing family members by themselves.Police officers in Jindo stand guard Saturday, April 19, to prevent relatives of the ferry's missing passengers from jumping in the water. Some relatives said they will swim to the shipwreck site and find their missing family members by themselves.



Family members of missing passengers hug as they await news of their missing relatives at Jindo Gymnasium on April 19. Family members of missing passengers hug as they await news of their missing relatives at Jindo Gymnasium on April 19.



South Korean Navy Ship Salvage Unit members prepare to salvage the sunken ferry and search for missing people on April 19.South Korean Navy Ship Salvage Unit members prepare to salvage the sunken ferry and search for missing people on April 19.



Lee Joon Suk, the captain of the Sewol, is escorted to the court that issued his arrest warrant Friday, April 18, in Mokpo, South Korea.Lee Joon Suk, the captain of the Sewol, is escorted to the court that issued his arrest warrant Friday, April 18, in Mokpo, South Korea.



A woman cries as she waits for news on missing passengers April 18 in Jindo.A woman cries as she waits for news on missing passengers April 18 in Jindo.



A searchlight illuminates the capsized ferry on Thursday, April 17.A searchlight illuminates the capsized ferry on Thursday, April 17.



A woman cries during a candlelight vigil at Danwon High School in Ansan, South Korea, on April 17.A woman cries during a candlelight vigil at Danwon High School in Ansan, South Korea, on April 17.



Family members of passengers aboard the sunken ferry gather at a gymnasium in Jindo on April 17.Family members of passengers aboard the sunken ferry gather at a gymnasium in Jindo on April 17.



The body of a victim is moved at a hospital in Mokpo on April 17.The body of a victim is moved at a hospital in Mokpo on April 17.



Relatives of a passenger cry at a port in Jindo on April 17 as they wait for news on the rescue operation.Relatives of a passenger cry at a port in Jindo on April 17 as they wait for news on the rescue operation.



South Korean coast guard members and rescue teams search for passengers at the site of the sunken ferry on April 17.South Korean coast guard members and rescue teams search for passengers at the site of the sunken ferry on April 17.



A relative of a passenger cries as she waits for news on Wednesday, April 16.A relative of a passenger cries as she waits for news on Wednesday, April 16.



Relatives check a list of survivors April 16 in Jindo.Relatives check a list of survivors April 16 in Jindo.



Rescue crews attempt to save passengers from the ferry on April 16.Rescue crews attempt to save passengers from the ferry on April 16.



A relative waits for a missing loved one at the port in Jindo.A relative waits for a missing loved one at the port in Jindo.



Parents at Danwon High School search for names of their children among the list of survivors. Ansan is a suburb of Seoul, the South Korean capital.Parents at Danwon High School search for names of their children among the list of survivors. Ansan is a suburb of Seoul, the South Korean capital.



Helicopters hover over the ferry as rescue operations continue April 16.Helicopters hover over the ferry as rescue operations continue April 16.



Officials escort rescued passengers April 16 in Jindo.Officials escort rescued passengers April 16 in Jindo.



A passenger is helped onto a rescue boat on April 16.A passenger is helped onto a rescue boat on April 16.



A passenger is rescued from the sinking ship on April 16.A passenger is rescued from the sinking ship on April 16.







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Photos: South Korean ferry sinksPhotos: South Korean ferry sinks






In South Korea, death doesn't mean death




Sewol ferry disaster: 6 months of pain




Angry families speak out at ferry trial

Park Gi-ho, the ferry's chief engineer was found guilty of murder and sentenced to 30 years. The remaining 13 crew members were sentenced five to 20 years.


The verdict was met with outrage by families of the victim, who gathered outside court asking for an appeal and calling for the death penalty for the crew members.


The South Korean government said it may appeal the verdicts.


"There were differences in opinion in many aspects," said lead prosecutor Park Jae-uck. "It is our position to appeal so that we can ask for another judgment."


Both the prosecution and the defense have seven days to formally ask for an appeal.


Abandon ship? In recent maritime disasters, captains don't hang around


Search ends


More than 300 people died after the ferry capsized on the southwestern coast of South Korea in April. Almost 250 of them were suburban high school students on their way to a field trip.


Nine people remain missing. The government ended the underwater search on Tuesday after searching for about seven months.


"Conditions of the search has reached dangerous situation, for instance like the collapse of compartments within the ferry," said Lee Ju-young, the South Korean Minister of Oceans and Fisheries. "As the winter season approaches, conditions in the sea are deteriorating.


He said the chances of the finding the last victims were waning and that the sea conditions could cause casualties.


The ferry will be sealed, but the decision on a salvage operation will be made after considering various conditions and consulting with the families and experts.


Crew scorned




The image of Sewol ferry captain Lee Joon-seok being rescued in his shorts enraged South Korea.

The image of Sewol ferry captain Lee Joon-seok being rescued in his shorts enraged South Korea.



Damning photos of Lee, dressed in a shirt and underwear, jumping into the arms of rescuers triggered widespread revulsion. While, there's no international maritime law that says a captain has to go down with his or her ship, his actions drew widespread criticism and it cemented in many people's mind that the captain had prioritized his safety over that of his passengers.


Even South Korean President Park Geun-hye chimed in, calling the actions of Lee and his crew as "akin to murder."


Lee has apologized numerous times, saying his actions were not intentional.


"I was stunned by the accident and I lost my ability to make decisions. I swear I never thought passengers should be left dying in order for me to make it to safety first."


Lee and three other crew members were charged with murder in an emotional trial that began in June.


Several of the survivors testified that when the ship's troubles began, they were instructed over the announcement system to stay put rather than to evacuate. The ship eventually capsized, trapping hundreds of passengers inside.


Lee's defense has maintained that the captain had only been at the helm of the ship for six days and that he was not willfully negligent.


"The defendant comes to understand the responsibility and is relying on psychological medication and also sleeping pills," his lawyer, Lee Gwang-jae told the court earlier this month. "He has an apologetic mindset and is living everyday as if walking on a thorny field, fearing that what he has done may sbe passed onto his family."


Lee had not been steering at the time when the ship listed that April morning. Lee told the court he was in his room, smoking and changing his clothes when trouble began on the ship. He acknowledged that he knew that the person who was steering did not have the proper skills.


"I failed to take the necessary measures for passengers to leave the ship," Lee said in court.





Ferry CEO charged with negligence




Ferry victim's haunting cry for mom




S. Korean President apologizes

"I reflect and apologize to the victim's families -- to those who lost their beloved sons and daughters. To the fathers, I'd say: 'I've committed a sin, worthy of death.'"


A fair trial?





Body identified as suspect ferry owner

There have been some concern that the Sewol crew members were being publicly demonized, affecting their chances for fair trial. Their trial was so highly charged that some lawyers refused to represent Lee.


Investigators have said that a vast amount of cargo, more than double the ferry's limit, and the failure to tie it down properly were partly responsible for the capsizing of the Sewol.


"I am concerned that those who are more responsible are shifting blame to the defendant," said Lee's defense attorney, when the trial began.


The operators of the Cheonghaejin Marine Co, which ran the ill-fated ferry are also facing trial.


South Korea's Yonhap News Agency reported that prosecutors are seeking a 15-year prison term for Kim Han-sik, chief executive officer of the company, who is facing a manslaughter charge.


The Sewol disaster caused widespread outrage in South Korea over lax safety standards and the failure to rescue more people as the ship foundered.


CNN's KJ Kwon reported from Gwangju, South Korea, Paula Hancocks and journalist Jung-eun Kim reported from Seoul, and Madison Park wrote in Hong Kong.



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