The capture of the tugboat Oceanic Tug with 13 tons of alleged cocaine continues to shake Panama's maritime sector and the business community linked to maritime transport. Following the resignation of businessman Pablo Torres from the board of the Maritime Chamber of Panama, two prominent lawyers offered their reactions, revealing opposing views on the possible criminal liability of those involved.
Lawyer Marco Austin was categorical in stating that the sale of the vessel during an active investigation constitutes an act that could be classified as obstruction of justice. "The vessel changes hands at this precise moment of the investigation; there is liability for both the previous and the new owner because it is understood that this is being done to cover up a crime," stated Austin.
In his opinion, the Maritime Authority of Panama (AMP) could also bear criminal liability for failing to execute the vessel's detention order in a timely manner. "The AMP, by not executing the order to detain the ship, may be subject to criminal liability by the Public Ministry's administrator who did not do their job on time," he warned.
When asked about the criminal figure that could be configured, Austin went further: "The crime configured has been an intentional omission to hide the vessel." However, the vessel is still registered under the company Dolphin Tugs in the AMP's records.
The controversy also led to Torres' resignation from his position at the Maritime Chamber, while his business ties with figures from the previous government, including former AMP administrator Noriel Araúz and then Vice President José Gabriel Carrizo, were once again called into question.
The Oceanic Tug had attempted to be reactivated under the White Tiger license, which paid over $100,000 in arrears, but it failed the safety inspection just a month ago. The AMP had issued a detention order, but the vessel disappeared from radar until its capture in the largest anti-drug operation recorded in Panama.
While the Public Ministry continues to track the ramifications of this case, the maritime sector is witnessing a clash of legal interpretations: for some, it is a chain of cover-ups involving both private individuals and officials; for others, a legitimate transaction that exonerates the former owner from any blame.
The truth is that the Oceanic Tug, now under judicial custody, has become a symbol of the reach of drug trafficking in Panama's maritime sector.
In contrast, lawyer Guillermo Cochez flatly denied that the former owner of the vessel has any degree of criminal liability if the sale was legitimate and the transfer was effected in accordance with the law. "The owner of the ship has no responsibility if he sold it and it already appears registered with the Maritime Authority. If the registry shows the sale and change of ownership, the former owner is totally released from all responsibility," Cochez emphasized.
"Of course, it affects him, because first we covered up the fact of the crime and now we have realized that it did have drugs, it was pregnant and all that. It has no relation to the fact, no matter that it appears registered in the ABP," Cochez pointed out.
The former deputy added that the legal interpretation must adhere to the vessel registry: "What counts is what the vessel registry says, which is what is read in the merchant marines. That ship no longer has a Panamanian flag, it has another flag, and in addition, it has been sold three times."
