In a message dated 03/05/2001 12:40:46 PM Eastern Standard Time,
[EMAIL PROTECTED] writes:
<< Good Ol' Jared, always so firm in his convictions. The title could
have been merely.... 'Maybe not an accident'..... or even.....'Probably
not an accident'. >>
You know, this business of Tony Aabdo devoting so much energy to hunting
errors to try and discredit Emperors Clothes is kind of ridiculous. But
anyway, it gives me a chance to clarify the thinking behind my title.
The term accident does not apply to the sinking of the Ehime Maru. That is,
it was a crime - an act committed with "foreseeable" violently harmful
consequences. This legal use of ""foreseeably" means: an event you had reason
to believe might happen. It is the test of culpability.
That death was "foreseeable" (that does not mean inevitable - just possible)
is clear from the information which I reprinted from the Philly Inquirer,
which got it from the investigators. The movements of sub and ship show the
ship was being shadowed by the sub. Unless you believe the fairy tale that
a) the sonar operator did not tell the captain he had seen a ship (for which
he could be court-marshaled) and b) he turned off the sonar because there
was too much of a crowd in the control room (more court-marshal) and c) the
sub shadowed the ship by "accident."
The captain knew there was a ship nearby. And the captain had to know,
because he had performed 'rapid ascent' before, that when his city-block of a
submarine shot up from 405 feet, it would cause immense waves. These waves
alone could "foreseeably" have swamped the trawler. They could "foreseeably"
have swept a person overboard. They could "foreseeably" have caused people
in the trawler to be injured by the sudden pitching of the boat.
Since there were so many "foreseeably" harmful consequences, his action
involved harassment.
Therefore this was not an accident. Period. The fact that I do not pretend
to be sure what happened inside the sub - how could I be sure? - does not
mean it is wrong to be definite on this one question: this was a criminal
act, not an accident.
Jared
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