Gambling boat seized

FRIDAY, JUNE 24: The captain and crew of a failed floating casino venture have taken legal action to force the sale of the $4million boat in a bid to claim more than $40,000 in unpaid wages.

The Chief Justice has signed a ‘warrant of arrest’ of the MV Niobe Corinthian, following a legal claim for unpaid wages made on behalf of the three-man crew, from Honduras.

The order puts the boat in possession of the courts. It is likely that it will now be sold and the men will be paid their wages from the proceeds. Other individuals or companies owed money by the business also have the chance to come forward and assert their claims.

The owners of the boat — Estrellas Management —  have the opportunity to contest the order or to pay the debt and have the boat returned to their possession.

The Bermuda Sun exclusively reported last month that the captain Pablo Riera, his son Pablo Riera jnr and Juan Aleman were owed thousands of dollars. At the time the shareholders in the company appeared to accept that the men were owed money. Their representatives did not respond to requests for comment yesterday.

Now Bermuda Industrial Union activist Louis Somner, who helped arrange for the writ to be filed, says the crew’s nightmare is almost over.

“They have had their lives torn apart over this. We hope this Bermuda nightmare will soon be behind them.

“People might ask why we are representing these men. They are unionised workers and they need our help, that is why. How would you feel if it was your son stranded overseas?”

The two crew members flew home late last week. Mr Riera snr will follow next week.

The skipper said yesterday that he had no choice but to take legal action as he owes money for repairs to his house and for insurance for his wife, who is sick.

The fate of the boat, estimated to be worth around $4million, remains unclear.

Featuring a top-deck bar and dance-floor, rooms full of gaming machines and casino tables, it was launched as a glitzy floating casino offering offshore gambling to high-rolling clients.

But the venture, which had hoped to exploit legal loopholes in Bermuda’s anti-gaming legislation, faced a series of challenges and only ever made three trips.

It has remained tethered to the dock in St David’s for more than three years. The skipper and crew remained employed to live on board and maintain the boat in the hope that the venture would eventually get off the ground.

The men have not been paid in full since September and say they have received no wages at all since January.

On June 10, lawyers acting for the three men obtained a writ from the Supreme Court against Estrellas Management, which owns the boat, for the arrest of the vessel. A copy of the writ has been taped to the front window.

It reads: “To the Provost Marshall…. We command you to arrest the ship the M.V. Niobe Corinthian of the Republic of Panama and to keep the same under safe arrest until you shall receive further orders from us…

“The plaintiffs claim is for wages due to each of them as seamen aboard the vessel The M.V. Niobe Corinthian for the period from September 2010 to June 2011.”

It lists the amounts owed to the crew as $26,333 for the captain and $5,569 each for the two crew members.

Home to Honduras

A further claim for $3,165.75 is also included for airline tickets to repatriate the men to Honduras, as per the terms of their contract.

Mr Somner said the men had been surviving on food stamps donated by the Union and the First Church of God as well as the generosity of BIU members and others in the community.

They have been living on board the boat and fish for food from the lower decks.

Mr Rieira said he and his crew desperately needed the money. He owes repayments on a loan taken out to repair hurricane damage at his home in Puerto Cortes, on the Atlantic coast of the Central America country. He said his wife had been sick and he also needed to be paid in order to fund her medical treatment.

Mr Aleman, who has now left the island, told the Bermuda Sun last month that he was forced to pull his children out of school because his family could no longer afford transport costs without his wages.

The vessel is owned by Estrellas Management Company, which itself is jointly owned by the William Trust and the Sirkus Trust.

The crew’s contract was with Wise Way Management.

Capital G Trust, which is the trustee of the Sirkus Trust, has contributed money for airline tickets as a ‘gift’ to the three men.

Mr Somner said the union was grateful to everyone, including Capital G, for the support they had offered to the men.

He said he hoped the sale could go through quickly and the three men could now be paid what they are owed.

“I think the courts will see to it one way or another. I am sure they will get what they are owed now.”

Mr Riera added that he hoped he would soon be home with his wife.

“I have no choice but to go home. My wife is sick and I need this money.”