The Contract For The Ady Gil

PREFACE: Protect The Ocean is about the ocean and its inhabitants, the ways we affect them, and the ways in which their well-being affects us all.  That’s our purpose and focus.

The enmity between Pete Bethune and Paul Watson, founder of Sea Shepherd Conservation Society (SSCS) has simply gone on too long, and there are far too many claims, counter-claims, and rumours being bandied about.  It’s dividing ocean activists, and a continued source of dissent.  We will not take sides.  It is PTO’s job to report the facts, the truths we find.

Pete Bethune has provided us with a copy of the contract with Sea Shepherd Conservation Society for the use of the Earthrace, (which was rechristened as the Ady Gil, in appreciation of Ady Gil’s contribution of one million dollars to assist in acquiring her.)  We have provided this document (Click here to download the ADY GIL CHARTER AGREEMENT) so that people can see for themselves what the truth is.

NOTE: Pete explains that Ady Gil owned Earthrace Limited at this point in time.  The contract specifies that the $500k is to be paid to Pete if the vessel is lost or destroyed, or if the damage was greater than a certain sum:

Clip from the contract indicating that Pete gets $500k

Sections 11 and 12 of the contract demonstrate SSCS's responsibility to be limited to $500k

We have been informed that Pete Bethune has required that binding arbitration proceed, as required by the contract, and that Paul Watson is uncooperative in facilitating that the arbitration hearings occur as agreed.

We would like to point out that any counter-claim by Sea Shepherd, (such as Paul Watson’s claim of financial losses suffered on behalf of volunteer Pete Bethune) would be a separate matter, outside the scope of this contract.  Watson’s claims may or may not have merit, but the order of events clearly shows that SSCS should have paid Pete $500k at the time of loss.  While SSCS is free to pursue civil charges against Bethune, that does not release them from the obligation to first pay the sum owed to Bethune under this agreement.

Protect The Ocean hopes that these champions of the sea will soon be able to put this behind them, so they can focus all of their attention on the essential work of saving whales from being killed, and of protecting the ocean.

3 replies
  1. Miko says:

    Notice how the “contract” does NOT cover negligence on the part of the Captain, since Pete was found to be negligent by both his own flag, the NZ maritime authority and also a judge in Japan he will not succeed in proving he wasn’t negligent.

    ED: Bollocks. What was “found” was that both parties were responsible. That’s hardly negligence. THIS mariner isn’t buying that. I’ve watched video from a few angles, and it’s clear that the Ady Gil wasn’t lost due to negligence. The Japanese vessel willfully and intentionally turned to starboard as her bow rose on the wave, coming down on top of the bow of the Ady Gil. That’s not negligence. That’s willfully using the much larger vessel as a weapon.

    Reply
  2. Milo says:

    I know this post is old, but there is more to this than the charter agreement itself. There is the all important security agreement referred to in section 11, which has never been released. The outcome of the case hinges on the contents of that agreement.

    Reply

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