Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

Cruise Law News received a message late Saturday night indicating that a passenger went overboard from the MSC Fantasia.  Here's the message:

MSC Fantasia is in first day of a Carnival cruise. It embarked 4000 drunk pax today in Santos, Brazil and around 7 PM, the time to leave the port, we had one passenger go from deck 11 straight into the sea. It's 11.30pm and we're still looking for the passenger. We have the Federal Police on board and divers and we don't know where is the passenger . . .  was to drunk so he couldn't save himself.  Then they lowered a lifeboat but by the time they manage to get close to him, Costa Favolosa was getting out from the port so two small waves and the passenger was nowhere to be found.  We're standing by now but the party at the pool is at the MAX.  Drinks, music and naked pax. This is Brazil!

A newspaper in Brazil is covering the story.

This is the second passenger overboard from a MSC cruise ship in two days. Yesterday we reported on a Portuguese passenger who went overboard from the Divina in the Mediterranean.  

In December 2012, we reported on a cruise passenger who fell from an upper deck of the MSC Fantasia and died.

As you can see from the Fantasia's web cam, there seems to be quite a partying crowd on the cruise ship.

Please leave a comment if you have information about what happened.

February 10 2013 Update: The missing passenger was identified as Luciano De Lucca, age 30, from passenger cabin number 11063, located on the 11th deck.

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A number of sources are reporting on the death of a Brazilian man who fell from an upper balcony on the MSC Fantasia cruise ship today.

Some are saying that he fell from the eight or ninth deck to the fifth deck, apparently from an interior balcony.

The cruise ship was sailing between Santos and Rio de Janeiro, carrying 3780 passengers on a three-night cruise. The passenger is identified as Theobald Perelo. One newspaper in Brazil, A Tribuna, referred to him as the owner of one of the largest wholesale distributors in the region and a figure well known and respected in Ilheus, Bahia.

Another source said that the businessman was awarded a cruise and was traveling in the company of his son in law and some employees of the company (Distributor Perelo). The wife remained in Ilheus during the cruise.

There is a great deal of speculation about what happened, with reference to a possible heart attack which seems strange. How do you have a heart attack and then fall over a railing?  

Anyone with information please leave a comment below.

December 7 2012: we received this information from someone on the cruise ship:  

The guy fell from the balcony of his cabin from the ninth deck to the seventh deck onto to his head . . . he was 52 and had possible heart attack when he fell because he went straight down like a stone. He had no signs of alcohol in the blood. The ship was cruising from Santos to Ilhabela and was about 1:00 am when it happened. The police came today on board but they just took the body and left in less than an hour. The passenger was shearing the cabin with his son in law who was not present at that time. The Brazilians on board are saying that the police is corrupt big time and the captain got rid of them very fast.

Photo Credit:  Blog do Gusmao

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Cruise expert Dr. Ross Klein reports on his website that a young Brazilian woman working as an assistant waiter on the Costa Magica has disappeared from the cruise ship in the Mediterranean. She was last seen on Friday, June 1 but authorities were not notified of her disappearance until yesterday, Saturday. The Magica had sailed from Malta towards Catania, Sicily and was about 20 miles from the Sicilian coast when the young woman disappeared.

According to a Brazilian newspaper Globo, the crewmember is Lais Santiago, age 21.  She is from Santos, on the coast of Sao Paulo, Brazil.  

Her brother, Lucas Santiago, confirmed his sister's disappearance.  There are conflicting accounts about her boyfriend who is described as being either from Brazil or India, with most accounts suggesting that he is also a Brazilian. The crewmember's family stated that they have had no contact with him, but he was questioned by police.  Some internet accounts suggest that she may have made a call late at night with the next account indicating that her boyfriend reported her missing the following morning after she allegedly did not return to the cabin.

The family also spoke with her co-employees, one of whom stated that Lais was friendly and had no enemy on board. She didn't drink, smoke or do drugs, "which is very common on ships." 

According to Dr. Klein's database of passengers and crewmembers missing from cruise ships, this is the 182nd person to go overboard from a cruise ship since 2000. 

In this day and age, and with all of the incredible technology available, how can anyone "disappear" from a cruise ship without the closed circuit television video cameras not capturing the event?  

Do you have information about this case?  Please leave a comment below.

June 4, 2012 Update: There are a couple of comments, one from Brazil and one from Portugal, suggesting that the vessel's video camera captured images of Ms. Santiago going to the rail, hesitating, and then going overboard around 2:00 AM.

The Brazilian newspaper Globo published a report  today confirming that Ms.Santiago apparently jumped as indicated above.

Ms. Santiago's brother is quoted saying that his sister loved working on the ship, but had been complaining a lot lately. "Lais would resign and return to Brazil in the next 28 days. She loved working in the ship, but was tired."

Photo credit:  Facebook

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A reader of Cruise Law News in Brazil has informed us that a crewmember of the Armonia cruise ship, operated by MSC Cruises, died yesterday after being admitted to the hospital in serious condition.

A newspaper in Brazil (G1 in Sao Paulo) reports that a local woman, Fabiana Pasquarelli, age 30, was taken from the MSC cruise ship and was eventually admitted to the intensive care unit of Hospital Ana Costa.

The deceased crewmember worked as a waitress and was taken to the hospital on Wednesday with a fever and cough and was apparently diagnosed with pneumonia.  

There is also speculation that she may have died of swine flu.

Five other crewmembers are also sick and have been under observation in the hospital since Friday. 

The cruise line said that passengers are disembarking the cruise ship today and new passengers will board.

If you have information about this incident, please leave a message below.  

February 18, 2012 Update:  Passengers from the cruise ship have also been hospitalized in serious condition.

Another Brazilian newspaper, A Tribuna, has an account and reports that the diagnosis is unclear although it is the result of an infectious process.  

Ms. Pasquarelli died of an acute respiratory failure after being placed on a ventilator.  

February 19, 2012 Update:

A newspaper in Brazil states that seven people of the ten passengers and crew from the cruise ship were released from the hospital. Three remain hospitalized.  The hospital ran tests to determine the type of infection that caused the sickness.

Five crewmembers have contacted us, wishing to remain anonymous, complaining that Ms. Pasquarelli's medical treatment was delayed.  Read comments below.

February 21, 2012 Update:

A spokesperson for MSC left a comment below.

Also, a newspaper in Buenos Aires reports that heath authorities in Uruguay were on board the MSC cruise ship, which docked this morning at the main port in Montevideo after fears of a flu outbreak. The ship is expected to arrive to Buenos Aires tomorrow.  Osvaldo Fabacchi, the head of Port Administration in Montevideo, stated that “at present the cause of the crew member’s death has not been confirmed. The autopsy has yet to be carried out in order to determine and confirm the cause of death.”

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Over the past week there has been a steady stream of articles in the international press regarding the sexual assault of a 15 year old girl by two Brazilian passengers aboard the Allure of the Seas.

The Mail Online newspaper in the U.K. published an article Vacation Nightmare As Daughter, 15, On A Family Christmas Cruise 'Is Lured From A Teen Dance And Raped By Two Men In A Private Room'

Numerous newspapers in Brazil are covering the story as well.   Today Cominidade News in Brazil was the latest Brazilian newspaper to report on the alleged cruise crime case.

This is an incident which is likely to remain in the news for a long time.  It involves the world's largest cruise ship which Royal Caribbean launched with great fanfare.  The question is whether the one billion dollar cruise ship, packed with multiple Flow-riders, rock climbing walls, skating rink and zip line attractions, has adequate security to protect its 6,500 guests from crimes like this.

The case also will highlight jurisdictional issues involved when foreign nationals from a country with no extradition treaty with the U.S. commit a crime against an U.S. citizen on a foreign flagged cruise ship.

Tomorrow morning a criminal state court judge in Fort Lauderdale will take evidence and entertain argument whether defendant Luiz Scavone (full name Antonio Luiz Scavone Neto) presents a flight risk.  If defendant Scavone is able to flee the U.S. and return to Brazil, there is a certainty that the U.S. will never be able to compel his return to face trial.    

Read our prior articles:

Two Rapes Alleged on Royal Caribbean's Allure of the Seas Cruise Ship

Alleged Cruise Ship Rapists From Brazil Seek Low Bond

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The Sun-Sentinel reports that at a hearing this morning the defense lawyer for alleged cruise rapist, Brazilian citizen Luis Scavone (full name Luiz Antônio Scavone Neto) requested a Broward judge to set "little or no bail."   However, prosecutors for the state argue that defendant Scavone is a flight risk. 

Judge Matthew Destry scheduled a hearing for this Friday to take testimony and hear argument whether defendant Scavone, who allegedly committed "lewd and lascivious" acts against a 15 year old girl on the Royal Caribbean cruise ship, is a fight risk.

Scavone is photographed above left, in happier times.  

The Broward County Sheriff's Office arrested Scavone together with a 15 year old boy, described as an  "alleged accomplice," who lured the 15 year old girl from an on-board nightclub into a passenger cabin on Royal Caribbean's Allure of the Seas cruise ship, according to state prosecutors.

The incident was investigated by the FBI and the Broward County Sheriff's Office which also asserted jurisdiction after the cruise ship returned to port in Fort Lauderdale.

A previous judge who presided over the preliminary hearing,  John "Jay" Hurley, expressed concern that Scavone would flee to Brazil if given the opportunity.  The Sun-Sentinel quotes the judge saying "People who are from Brazil can go to Brazil, and there's very little chance that they'll be brought back to the United States."  The judge called Brazil a "loophole."  The judge was referring to the fact that Brazil recently amended its constitution to prohibit the extradition of criminals from Brazil.  Judge Hurley ordered that Scavone be fitted with a GPS monitor if he is released from custody while the case is pending.

It will be interesting to learn whether the two defendants hid after the alleged crime on the ship ship to avoid responsibility.  That would be a good indication whether they would try and flee the U.S. if released on a low bond. 

The press in Brazil are showing interest in this alleged cruise ship crime.  Several newspapers are publishing stories.  The 15 year old defendant's uncle is apparently a lawyer in Brazil.  The SRZD newspaper in Brazil quotes the family lawyer in Brazil denying everything and making nasty comments about the victim and her family.

Read Our Prior Article:  Two Rapes Alleged on Royal Caribbean's Allure of the Seas Cruise Ship 

Photo credits:

Top:  Brazil Voice

Bottom:  Joe Cavaretta via Sun-Sentinel

Sun-Sentinel article credit: Rafael A. Olmeda

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The world's largest cruise ship was the location for two shipboard rapes during a 10 day Christmas and New Year cruise which returned to South Florida yesterday.

The first reported incident occurred on the last night of the cruise and has been reported by several local news stations.  It involved a 15 year old girl who was lured from a cruise line teen club under false pretenses back to a passenger cabin and then sexually assaulted by a 20 year old man and another 15 year old boy.

The alleged assailants are two Brazilian passengers who were sailing aboard Royal Caribbean's Allure of the Seas, which is based on Port Everglades in Fort Lauderdale, Florida.

According to the Broward County's Sheriff's Office, the 15 year old girl was at the cruise ship's teen club called "Fuel" when a 15 year old boy told her he was having a party in his room.  The young girl, who was vacationing with her family, was led to believe that she would meet friends there.  However, after entering entering the cabin, she was confronted by an older passenger, Luiz Scavone, age 20. His full name is Luiz Antônio Scavone Neto.

The Broward Sheriff's Office (BSO) said that Scavone and the 15 year old boy prevented her from leaving, removed her clothing, forced oral sex, and then both raped her. "The victim told them 'no' several times and tried to leave but was not able to," according to the  BSO.

Scavone and the 15-year-old boy have been charged with "lewd and lascivious battery."  Scavone is in jail in Fort Lauderdale.  His Broward County Sheriff's mugshot is to the left. 

A judge in Broward County ordered Scavone to relinquish his Brazilian passport.  According to CBS Channel 4, the judge stated that if the immigration hold is lifted, and Scavone is released on bond, he must be fitted with a GPS monitor and is barred from applying for a replacement passport.  The judge cited the case of a Boynton Beach police officer who fled to Brazil last July using a replacement passport after he was indicted on a drug charge.  The U.S. used to have an extradition treaty with Brazil for decades, however Brazil now prohibits its citizens from being extradited to other other countries to face criminal charges.

The second incident occurred in the early morning hours of January 1, 2012.  It also involved a Brazilian passenger, believed to be in his 40's, who sexually harassed and then sexually assaulted and battered an U.S. college student.  The young woman was treated in the ship infirmary and underwent a rape examination.  Unlike the incident involving the 15 year old victim where the assailants were arrested, the Brazilian man was released by the FBI and the Broward Sheriff's Office.  He returned to Brazil and cannot be extradited.

This incident has not been reported in the media.  Royal Caribbean has not issued a statement regarding the second allegation of sexual assault.

Issues to consider:

These incidents raise questions regarding the adequacy of the security aboard the world's largest cruise ship.  The Allure and its sister cruise ship, the Oasis of the Seas, can carry 6,500 passengers.  Both ships are essentially small cities with no police force.  We have been critical of Royal Caribbean's refusal to employ a sufficient number of security guards on its cruise ships and its refusal to monitor closed circuit television cameras to respond to potential criminal activities.    

A year ago, the Royal Caribbean CEO Richard Fain and President Adam Goldstein were aboard the Allure's sister ship with microphone in hand and supposedly open for all questions.  But they refused to provide any information about the safety and security of the passengers.  Certainly U.S. passengers who pay thousands of dollars each to sail on this mega-target of a ship deserve straight forward answers whether their families will be safe from crime.  Here are the questions which I posted on my blog which remain unanswered:

"Q:  The LA Times reported that for a period of 32 months, there were over 250 incidents of sexual assault, battery, and sexual harassment against guests and crew members on Royal Caribbean cruise ships. In light of these problems, how many security guards are employed on the Genesis class of cruise ships? 

Q:   How many security guards are assigned to the seven "neighborhoods" on the cruise ships?  Are there security "sub-stations" in each of the neighborhoods?

Q:  How many security guards patrol the neighborhoods from 10:00 p.m. to 4 a.m., a time period we have found when female passengers are at a higher risk of being assaulted?  (Both of the alleged rapes this week occurred in the early morning hours when Royal Caribbean has virtually no guard patrolling). 

Over a year ago, I also asked the  question: 

Has Royal Caribbean invested adequately into safety and security technologies and personnel to protect you and your family?  The cruise line executives will never tell, but we shall soon find out."

January 10, 2012 Update:  Alleged Cruise Ship Rapists From Brazil Seek Low Bond

Photo credit:

Top: Broward Sheriff's Office via Mugshots Online

Bottom:  Royal Caribbean Cruises via Cruise Critic

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A newspaper in Brazil is reporting that a young man, age 19, died after "falling" from the MSC Orchestra  cruise ship, anchored in Ilhabela, in the northern coast of São Paulo in the early morning hours today.  The Federal Police of San Sebastian is investigating the incident.

Although MSC Cruises released a statement that it will wait for an official report, the cruise line is already blaming the passenger. 

In a statement to the press, MSC Cruises said that it regretted the incident with the guest, but added that "Initial reports state that the victim acted recklessly, putting themselves in a situation of high risk and dangerousness."   There is a reference in the cruise line statement to the passenger being in a "banned" location on the cruise ship.

The fall apparently was from the 14th deck  of the ship. "He was rescued from the sea, but succumbed to his injuries and died, " the statement said.

The company said it took "all necessary action and is providing full support and solidarity to the family."

Where you on the cruise and have information to share?  Please leave a comment.

Photo credit:   Flickr phototouring

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