Captain Jack Hearn says he’s not sure why he was asked to resign from Sea Star Line- the company which would later become the owner of El Faro, TOTE Maritime Puerto Rico.
But the Coast Guard Marine Board of Investigation looking in to the ship's sinking has now learned of two big incidents which could have been a factor, and which raise some questions about the company operations and oversight.
GALLERY: Inside the second hearing session of the Marine Board of Investigation
Within a day of getting on board the El Faro’s sister ship, El Morro, Hearn says he found holes in a watertight area of the ship. He says TOTE was “reluctant” to report the holes to the Coast Guard, even after flying out a Port Engineer to get a look.
“I was disappointed, of course, because it was regulatory and part of my responsibility,” Hearn says.
Hearn says he reached out to a TOTE Services Designated Person Ashore to urge action, and only then was the Coast Guard and independent surveyor who inspects the vessel, the American Bureau of Shipping, called out and corrective action was planned.
“Did you ever sense any ramifications to you from taking that action, sir,” asked CGMBI Chairman Captain Jason Neubauer.
“It was a more strained relationship with me and the Port Engineers,” Hearn says.
That was a part of what Hearn says was a “difficult” year on El Morro. It was capped by what he described as an “incident” with crew members, after which he was asked to resign or face termination.
That incident, as we later learned from questions from the attorney for the El Faro Captain’s widow, related to drug smuggling.
Attorney William Bennett cited a letter from July 2015 which said US Customs and Border Protection had arrested El Morro crew members for smuggling 43 kilos of illegal drugs on the vessel. When Bennett asked Hearn if he should read the full letter, Hearn said no, and Bennett responded “I didn’t think so.”
FULL COVERAGE: Top headlines from the Marine Board of Investigation
While further details on that incident won’t be available until after the CGMBI concludes, Hearn says after, he was told to resign or be terminated. While he initially agreed to resign, he later withdrew that and asked for an appeal, ands was instead terminated. He says, after waiting a year and a half, the company offered to settle where his record is cleared and they part ways- he accepted.
TOTE attorneys declined to question Hearn on his account of his end of employment.
The questioning follows several hours of Hearn testifying on a broad range of topics, including how he ran a vessel, how he prepared for weather, and more.
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