IT’S a cruel and unusual punishment when two people found to be innocent of all crimes put before them are denied their freedom. Yet that is exactly what the South Korean authorities appear to have concluded in the case of the two Hebei Spirit crew.

Both men, backed by the ship’s manager, have given assurances that they will return as and when any further trial takes place, following the local prosecutors’ surprise decision to appeal against a judgment that exonerated the pair of involvement in the spill last December when their ship was struck by a crane barge while at anchor.

It is, of course, understandable that emotions will run high in the wake of South Korea’s worst oil spill. But emotions should play no part in a properly conducted legal decision. Justice is not an elastic concept to be stretched and reformed into the most attractive shape.

If the South Korean authorities really want to tackle the issue of oil spill prevention, there are more immediate issues that require their attention. It should not go unnoticed that South Korea hired more single-hulled tankers than any other nation in the first half of the year following the Hebei Spirit.

Depriving Capt Chalwa and chief officer Chetan of their freedom will not assist the investigation into the accident in any way — it will cause them distress and further damage the reputation of the industry.

The Daejeon District Prosecutor’s Office must decide whether it is interested in justice and discovering the lessons that could be learned, or keeping the nearest scapegoat to hand.