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  C. Other Examination / Investigation Reports
 
 
13. Again – The Finnish Videos - Critical Considerations and an Evaluation
by Disengage – Ham/UK
 

About these videos the following is stated in Chapter 25.1, page 713 of our Report:

»The ROV Inspection on 02.10.94
As soon as the weather permitted Remote Operated Vehicles (ROVs) equipped with video cameras were sent down to the wreck on 02.10.94 and produced remarkably sharp pictures, which showed, among other things, that the visor was missing and that its hinges and locking devices were broken. Apparently two ROVs were used which were given the names "Jutta" and "Siimo" and which produced an unknown number of video films of which three films are available.
These are:

video 1     (Jutta 2)    02.10.94      1 hour    9 min.
video 2     (Jutta 1)    02.10.94      3 hours  4 min.  28 sec.
video 4     (Siimo 1)  02.10.94      2 hours  56 min. 40 sec.

Copies of these three videos were handed over to this 'Group of Experts' in March 1995 by the Finnish part of the JAIC as "raw material". This turned out to be untrue, because relevant parts, e.g. showing the starboard hull and unknown objects on the bottom of the sea, had been cut out. Therefore a professional examination of the video films by experts has been conducted and revealed that the films have been cut frequently, mostly up to 3 minutes, sometimes up to 17 minutes. The cuts deleted footage taken when the ROVs were inspecting parts of the wreck and also debris on the sea bottom. Consequently it has to be assumed that the most interesting parts permitting conclusions have been cut out of the "raw" material.«

Although it is nowhere stated that the cuts were made or even ordered by the Finnish JAIC, the gentlemen felt confronted and wrote already 7 weeks after the Report had been published in the Internet a complaining letter to the Managing Director of the Meyer Werft, Mr. Bernard Meyer, dated 21.07.2000 – in German – which reads – office translated – as follows:

»The German ‘Group of Experts’ acting on behalf of Jos. L. Meyer GmbH & Co. has recently published on the Internet Homepage www.estoniaferrydisaster.net the Report “Investigation Report on the Capsizing on 28 September 1994 in the Baltic Sea of the Ro-Ro Passenger Vessel MV Estonia”. In this document, besides the fact, also a number of extremely imaginative allegations can be found. This includes among other things the wrong allegations that members and experts of the JAIC did manipulate video footage serving as evidence material. Forgery of documents is a heavy crime according to Finnish law. These allegations raised surprise in Finland. In seafarer circles the surprise was even bigger since the central figure in the German ‘Group of Experts, Captain Werner Hummel, has frequently been requested for advice in Finland as consultant in shipping matters. Therefore we have arrived at the conclusion that the members of the German ‘Group of Experts’ for whatever reason must have lost their competency to judge.
We are contacting you through the Finnish lawyer Henrik Gahmberg, because we have come to the conclusion that in case the above-mentioned allegations should remain upheld we can only talk to the members of the German ‘Group of Experts’ before court.

We are of the opinion that the Jos. L. Meyer GmbH & Co. KG is obliged to become active in this matter and is not entitled to leave the matter exclusively in the hands of the German ‘Group of Experts’ because

  1. Dr. Peter Holtappels is a lawyer appointed by Jos. L. Meyer GmbH & Co.

  2. Dr. Holtappels in this capacity did compile the German ‘Group of Experts’, although the group endeavours to appear as independent expert group.

  3. the Report of the German ‘Group of Experts’ was established to serve as material in possible court proceedings.

The members of the previous JAIC demand that the Jos. L. Meyer GmbH & Co. takes care that

(1) the wrong allegations that members and experts of the JAIC have committed crimes are removed immediately from the Report published in the Internet.

(2) a note is made in the Report, that the earlier contained wrong allegations will be removed out of the Report,
and

(3) that the said allegations shall be removed not only from the Homepage but also from all the other existing copies of the Report.


We are prepared to submit a detailed list of all allegations which we demand to be removed from the Report.

Signed by

Kari Lethola 
Heimo Iivonen
Tuomo Karppinen «

The letter (in German) is attached as Enclosure 11.

In response Mr. Bernard Meyer drew attention to the obvious fact that nowhere in the Report of the German ‘Group of Experts’ has the allegation been raised that members and/or experts of the JAIC had committed forgery, but that the cut video footage was just received from them. It is nowhere stated who did or who had authorised the cuts because this was unknown. In case, however, the gentlemen should be interested to rule out any doubt they should arrange the joint viewing of the respective video footage.

This was agreed after some hesitation and the following videos were requested to be viewed:

(1) the videos produced on 02.10.1994
(2) the videos produced after the 2nd but before 9th October 1994.
(3) the videos produced on 09./10.10.1994.
(4) the videos produced on 18.10.94 between 14.30 and 18.45 hours
(alleged search and finding of the visor).

The first meeting finally took place on 31.07.2000 at 10.00 hours at the head quarters of the Central Criminal Police at Vantaa near Helsinki in the National Bureau of Investigation to which the following persons attended:

Pirjo Valkama-Joutsen (PVJ)  Administrative Director of the Finnish Accident Investigation Board
Heikki Seppänen (HS)  Administrative Director of the Finnish Accident Investigation Board
Herman Ljungberg (HL) Detective Sergeant of the National Bureau of Investigation and video operator/expert Lawyer from Gahmberg, Hästo & Co. (only on first day from 10.00-12.00 hrs.)
Mirko Pennanen (MP)  Lawyer from Gahmberg, Hästo & Co. (all the time)
Martin Roolvink (MR) Consultant to the German ‘Group of Experts’
Werner Hummel (WH)  Member of the German ‘Group of Experts’
   

See also the Protocol of the Video Meetings – Enclosure 12.

The first day developed as follows:

       
PVJ: The purpose of this meeting is to show you the videos you wanted to see.”  
     
WH: What we have asked for are the originals of these videos which I got from Tuomo Karppinen in March 1995 which are Video I, Jutta 2, 2nd October 1994; Video II, Jutta 1, 2nd October; Video IV, Siimo 1, 2nd October and Video III of the second ROV Op. Estonia/Est. from 9th and 10th October 1994.”  
 

 

 
The cassettes were shown by WH to the participants.  
     
 

“These videos were analysed by an expert from the UK. He found out – what everybody can see in fact – that the videos were cut at different stages and/or manipulated. You may have the list about that, Appendix 2 [gives the Disengage list to PVJ]. It is also an enclosure to our report.”

 
       
HL: “The yellow marked are the interesting parts of it.”  
       
WH: “The first one is Jutta 1. It starts directly at the navigation bridge, so I think it is not the original beginning. But I don’t know your sequences.”  
       
PVJ: “Mr Holtappels is not coming?”  
       
WH: “Mr Holtappels has got a new job only last Friday and sends his apologies.”  
       

The 1st video tape shown ran from 18.54.50 to 20.07 hrs. and had identical interruptions to the copies received by us, i.e. the picture turned to blue (on our copy to snow) while the time kept running and after a while the picture came back.
This occurred three times, viz. when the ROV was moving over the seabed viewing different debris from the wreck when the interruption (breaks) occurred:

 
 
- 19.36.34 - something like rails on seabed – break to
  19.37.49 - 75 seconds missing
- 19.38.02 - unknown white metal on seabed – break to
  19.38.19 - 17 seconds missing
- 19.38.25 - bow ramp rail on seabed – break to
  19.39.09 - 44 seconds missing
- 19.41.07 - possible rail on seabed – break to
  19.41.45 - 38 seconds missing.
This was apparently Video I (Jutta 2) - No. 1 on the Disengage List.
       
HS: “This tape ends here.”    
       
WH: “No, our tape starts again.”    
       
HS: “Original ends here.”    
       

The 2nd video tape shown ran from 12.26 hrs. to 18.59.19 and covered both the time at the first and at the 2nd anchor position of “Halli”. It showed identical interruptions to the copies received by us – viz. between 13.11 and 13.41 hrs., 7 breaks of 4 seconds each, but thereafter much longer breaks, viz.

       
 
- 13.58.29 - 14.51.03 = 52 min. /34 sec.
- 14.54.28 - 14.55.32 = 1 min./4 sec.
- 15.01.46 - 15.07.33 = 5 min. /47 sec.
- 15.14.33 - 17.28.40 = 2 hrs./14 min. /7 sec.
           
- 17.36.16 - 17.36.21 = 5 sec.
- 17.58.54 - 18.00.37 = 1 min./43 sec.
- 18.42.17 - 18.49.50 = 7 min. /33 sec.
 

This was apparently Video III (Jutta 1) and No. 2 on the Disengage List – see Enclosure 10.

 
       
At lunch
HS explained that the ROVs used were working with the old analogue system, nowadays it is all digital. The reasons for the interruptions when the picture turned blue were created by pressing the bottom of the recorder on board, e.g. when something uninteresting should not be recorded, then there would be no recording but the time of the ROV would keep running and when the picture comes back after some time there is a respective jump in time, always ahead, never back.
       
HS: 

“So, if you stop the recorder and then start recording again half an hour later, the time will show a jump of 30 minutes. And the ‘blue spaces’ result from recording from one to the other Panasonic-recorder. If there is another recorder used than a Panasonic, then the pauses will not be blue but ‘snow’. All this just depends on the equipment one uses.”

 
       
WH:

“We are noting down your explanations without commenting them, shall discuss subsequently with our video expert and, if necessary, revert to you.”

 
       
HS: “That is o.k.”  
       
   
31.07.2000 – afternoon    
       
WH: “Is it correct that the ROV has two different cameras?”  
       
HS:  “At least two, sometimes more.”  
       
WH: “And each camera is producing 1 tape?”    
       
HS:

“No, there is only one single tape with this old analogue system. They select the camera from the ship and this camera gives the space picture information. But the text like water depth, heading, time, date and so on always comes automatically. The camera and the data image are combined as 1 video signal. It is an analogue system which is used. You cannot divide it: Time, depth and so on are always included.  I think it is possible today to separate the data with a digital system. You can compare it with a camera which uses the police for traffic control. The data like speed and time is always given and always in the picture.

In this analogue model you cannot remove the data from the picture anymore. After recording it is always there.”

 
       
WH: “By the way, do you have these VHS videos secured on digital tapes?”  
       
HS: “No, why?”  
       
WH:

“Because the VHS tapes are loosing their quality with time and your so-called originals are partly pretty bad already. We have transferred all the videos received from the JAIC on to digital tapes, which are secured in a bank safe.”

 
       
HS: “What do you think how long will this case go on?”  
     
WH:  “At least for another 3 years.”  
     
HS: “Our tapes will do for this time.”  
     
PVJ: “How many years are you going to continue your investigation.”  
     
WH: “Until we know what really happened. Maybe another 3 years.”  
     
The 3rd video tape shown
ran from 13.14 to 14.50 hrs. and 17.51 to 20.22.30 and showed also the same interruption as our copies do, viz. one cut at 14.43.37 for 13 seconds. It was apparently Video IV (Siimo 1) and Disengage No. 4.
     
The 4th video tape was from 9/10th October 1994 and ran from 21.55 of the 9th to 00.52.39 of the 10th (1st part). It was apparently Video III, No. 3 on the Disengage List. This tape – as well as our copy – jumped at 22.21.24 back in time to 19.17.33, kept running on this new time until 19.17.51, i.e. for 18 seconds, and then jumped forward to 22.22.49, i.e. 1 min. 25 sec. ahead of the initial time, although only 18 seconds had elapsed. This was the only irregularity on this tape, but a rather important one.
Thereafter the viewing was ended at 17.20 hours.
     
01.08.2000 – 10.00 hrs.
The meeting was resumed with the same participants.
 
     
The 2nd part of Video III running from 00.57.33 to 02.18.55 hrs. was shown of which the last 12 minutes just show the seabed without any objects, where after the ROV was rising up. This tape was not interrupted or cut, however the earlier comments of HS that the video would be stopped if something “unimportant” showed up was herewith disproved.
The next video shows the ROV inspecting the visor on 18.10.94 from 15.27.33 to 18.30 which we had not seen before and thus had not been analysed.
Thereafter HS declared that this was all, he had no further tapes in his archive which was confirmed by PVJ, where after WH drew their attention to the video of 02.10.94 commencing at 14.16 hrs. and running to 18.46 of which WH had received a copy in March 1995 from Tuomo Karppinen together with the other copies and PVJ declared now, that WH would have to ask Dr. Nuorteva whether there is more material from “Tursas” in his office (actually this particular video was made from onboard “Halli”), but he was on leave now. This was accepted for the time being.
 
note  

Note: Subsequent attempts to talk to Dr. Nuorteva proved fruitless. He simply refused to talk to us at all.

Next WH explained that a further tape from the 9th was missing, which was made at the beginning after the “Tursas” had dropped anchor at 17.30 until 21.15 hrs. when the anchor position was changed. WH also quoted from the fax Kari Lethola had sent to Olaf Forssberg on 09.10.94 where it is stated:

»Message: Good morning! Due to bad weather the search for the visor was discontinued during the whole day, but now Nuorteva has further analysed the pictures. At the location on the sea bottom, where "Estonia" on basis of the object did capsize, there is a 10 m long and 5-7 m broad object on the bottom. It is probably of metal. The form fits well with the visor. Depth is 70 m, the bottom is hard.

Karppinen, Aarnio and the ROV I team go onboard of "Tursas" at Nagu at 11.00 (Finnish time) and the work starts at ca. 13.00 hrs. They shall video film at first the "large object". Attached please find a sonar picture including an enlargement of it.«

The attached sonar picture turned out to be part of the sonar recordings with print-outs at the right side indicating latitude and longitude and possibly course and speed every 30 seconds commencing at 22.47.01 and ending 22.49.31. The big object is visible on the recording between 21.47.31 and 22.49.01. Latitude (y) and longitude (x) are stated by code groups of 6 or 7 digits which were found to be based on the Finnish geodetic system. The corresponding position was found to be very close to the wreck.

PVJ and HS were listening without any comments, but the following discussion developed:

     
HS: “We are through now.”  
     
WH “But ‘Jutta 2’ in the afternoon is missing and there must be numerous more video tapes.”  
     
HS:  “I don’t know from where you have this information.”  
     
WH: “We have these video tapes here [shows the tapes] , and we got them from you.”  
     
HS: “You have them, but we don’t have them here. We have nothing more. We have shown you all originals.”  
     
WH: “But there must be more.”  
     
PVJ: “No, nothing.”  
     
HS: “Where should the other videos be?”  
     
WH “There is really nothing more?”  
     
PVJ: “No.”  
     
WH: “Nothing? Can I write that down?”  
     
PVJ: “No, there are no more videos here.”  
     
WH: “Not here? But where are they?”  
     
PVJ: “I don’t know.”  
     
WH: “Where are the videos from the 5th ?”  
     
PVJ: “I can’t remember all the videos, but do you have one of the 5th ?”  
     
WH: “I have got faxes from Kari Lethola to Olof Forssberg where he states that they made videos when searching the visor.”  
     
PVJ: “No, we only made sonar pictures.”  
     
WH: “Yes, and there was an object which at first is described to be the visor. Afterwards it’s only a steel plate and later it disappears at all.”  
     
  (Silence)  
     
WH:  “OK, there must be more videos because I saw them in Kari Lethola’s office, there were many tapes in the board.”  
     
PVJ: “Perhaps these tapes were not all tapes about ‘Estonia’ ”.  
     
WH: “I think they were about ‘Estonia’ ”.  
     
PVJ: “I don’t know. The problem is that it is so much material. And the rest of the material is in Doctor Nuorteva’s hobby archive. I don’t know, I think he is on holiday and so it is not available for you. We have shown you what we have now and I can’t discuss because I don’t have any lists here of the material and I can’t remember because I have not everything in my mind.”  
     
HS: “If we had them here we would show you.”  
     
WH:  “If the videos we have seen until now are really the originals, they have been cut already when they were recorded.”  
     
PJV: “But there is no reason for that.”  
     
WH: “They didn’t want us to see – or perhaps they even didn’t want you – to see some things.”  
     

During the further discussion WH also asked HS about the different kind of cuts, viz. the blue interferences between two time signals and the time jumps with a length of one hour or more but without any interference. WH also mentioned the peculiar cuts when the time is jumping backwards, as it has been seen on tape no. 3 from 22:21 to 19:17.  HS was uncertain and admitted that he could not give an explanation for that. He repeated what he already explained the day before and added that he hadn’t been onboard the vessel from which the ROV-videos were recorded.

After this discussion the participants agreed to have a look at the video tape ‘Jutta 2’ which WH had received from the commission in 1995. The time stated on the video starts on the Disengage list at 14:16 and ends at 18:46 hrs.
At position 20:07:17 there was a long ‘snow period’ which HS commented with the words “this means that it has not been made here, because the pause would be blue then”.

Furthermore HS admitted that this video tape contains a mixture of cuts because the time is continuously jumping forwards and also backwards.

     
HS:  “It’s a mix of cuts and this video tape has definitely not been done by us. It also shows sequences which we have not seen on the other tapes.”  
     
PVJ: “That is strange because all copies which have been given out have been made here.”  
     
WH: “I got all these tapes in this condition from Tuomo Karppinen. Is that your handwriting on the labels?” [gives the tapes to HS and PVJ].  
     
HS: “No. Don’t know.”  
     
PVJ: “No, this handwriting is not Tuomo’s or mine or Kari’s.”  
     
Some minutes later:  
     
PVJ: “Will you also have a look at the Rockwater videos?”  
     
WH: “We are not permitted. We will try that via the lawyer.”  
     
PVJ: “Do you believe that you have also received cut Swedish videos?”  
     
WH: “Yes, but the cuts are more difficult to see because there is no time scale on the diver videos.”  
     

WH asks HS to show video no. 4 again and to go forward to position 19:17.
The time on the tape jumps from 22:21:24 back to 19:17:34.

 
     
WH: “Mr Seppänen, now the time jumps backwards. This does not fit with the explanations you gave us yesterday.”  
     
HS: “I’m not sure. I don’t know what has happened with it, but I had not been at the site when it was recorded. Perhaps they used some old tapes and over-recorded the old films and this picture with the time 19:17 and so on is just an old one which is under the new recordings, but I cannot exclude that this video is manipulated.”  
     

Finally WH asked for the video tapes produced in 1996 when the Environmental Authority was taking the oil out of the wreck and when during bad weather the ROV had been used by Tuomo Karppinen and Klaus Rahka to film the wreck. According to PVJ and HS also these tapes were not available, but were presumably kept by the Environmental Authority.
In summary WH concluded that the requested video tapes had not all been shown, that the alleged originals of the tapes shown had the same interferences-breaks-cuts as the copies received from Tuomo Karppinen in March 1995, which according to HS had been created onboard by deliberately stopping the recording while the time kept running with the exception of those part where the time was jumping back and subsequently forward and thus a manipulation cannot be excluded.

It was mutually agreed that the second part of Video No. 1 (Disengage) running from 14.16 hrs. to 18.46 hrs. was very badly cut and manipulated.

After the meeting a protocol was made, from which the above has been basically quoted, and signed by the Finnish lawyer, however Pirjo Valkama-Joutsen and Heikki Seppänen have refused to sign it up to date.

The protocol about the meetings on 31.07./1.08.00 is attached as Enclosure 12.

     
On 20.02.01 finally Pirjo Valkama-Joutsen wrote to Henrik Gahmberg:  
     
 

»The list includes all the Video recordings produced by the commission itself and also other video recordings, which have been used as evidence in the investigation. Besides these recordings the Finnish group also have shorter Videos made from the recordings produced by the commission for the press and TV-programs and news recordings regarding Estonia.

The Finnish group has given the master tapes to the tapes A1-A6 to the National Bureau of Investigation in order to secure that the originality of the tapes can be ensured for a possible pretrial investigation and a trial regarding falsification.

All other material is kept in the facilities of the Accident Investigation Board. Regarding “material, which is kept somewhere else”, as you mention in your telefax, we only know about the recordings from lifting the visor, which are kept by the National Bureau of Investigation and the recordings made by the Finnish Environment Institute in spring and summer 1996, when the oil was removed, which consists of tens of hours of recordings (the work, made under water was supervised all the time by ROV recordings and which are kept by the Finnish Environment Institute.«
The complete letter is attached as Enclosure 13.

 

The complete letter is attached as Enclosure 10.

 
     

The “List of Video Recordings in the Archive of the Finnish Group of the Joint Accident Investigation Commission” (the Finnish JAIC) was sent to Disengage for comparison and their preliminary comments read as follows:

 
 

»Tape A1 is our tape 4 and has the same cuts.
Tape A1 (no2) is our tape 2 and has the same cuts.
Tape A3 is our tape 1. There’s starts 24 seconds earlier and we have an additional 15 minutes of footage.
Tape A4 and A5 are our tape 3. We have the same cuts and comments but they have an extra 3 minutes near the mudline at the end of their tape A5.
Tape A6 is our tape 22. We never did a full review of this tape, the length is the same and the general comments are also the same.
Tape B1 is our tape 11 and is the same.
Tape B2 and B3 we do not have.
Tape C1 we do not have.
Tapes in the D section.
We have some of these tapes but in not exactly the same lengths. B40a,b,c,d are definitely some of them but we have different labels on them.
Tape in E section. We have something similar.

Tapes in sections F,G,H and I. We do not have.«
 
   

This confirms basically what was learned at the meeting at Helsinki already.
Consequently the letter of the Finnish JAIC allows – at least – five conclusions, namely.

 
     
 

(a) That the master tapes A1-A6 were only given to the National Bureau of Investigation after we had viewed the videos there, i.e. what was said to be the originals, were copies as stated by us after the viewing.

(b) In the spring and summer of 1996 when the oil was removed by the Finnish Environmental Institute the member of the Finnish JAIC, Tuomo Karppinen and the expert Klaus Rahka had been frequently onboard the vessel “Halli” used for the operation and had filmed the complete wreck but in particular the foreship, which Karppinen told to the media and also to a member of this ‘Group of Experts’ who requested permission to accompany one of these missions between April and June 1996. This was, however, categorically rejected by the Finnish JAIC, where after it was considered to have an own look at the wreck – see the following chapter.

(c) Based on (a) and (b) it has to be concluded that Pirjo Valkama-Joutsen neither stated the truth at the meeting on 29.07/01.08.200 nor did she in the letter of 20.02.2001.

(d) They still keep secret the existence of the video footage made on 09.10.94 by ROV from onboard of the “Tursas” at her first anchor position from close to the NW of the stern of the wreck between 17.30 and 21.10 hours. See Chapter 25.4, page 718 of our Report.

(e) The Finnish JAIC admits to having 20 videos from the diving/ROV operation in December 1994 from “Semi 1” – see Enclosure 13 – while the Swedish JAIC states to have only 17 – see Enclosure 14.

 
     

Finally it should be mentioned that this letter was the only further reaction of the Finnish JAIC, although the remarks criticised were not taken out of the Internet nor were any of the demanded changes made in our Report, which is also not intended to be done in the future. The situation explained in our Report did not change, to the contrary. It is now evident, even documented, that the originals in the archives of the Central Criminal Police were not the master copies, that the copies assumed by the Police to be originals were also manipulated in the same manner as our copies and were actually copies and, last but not least, that the Finnish JAIC still hides the existence of the videos made on 09.10.94 between 17.30 and 21.10 hours and further that the Finnish JAIC states to have 3 videos more from the December 1994 diving expedition than the Swedish JAIC claims to have, respectively alleges to exist only.

 
 
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