Skipper prosecuted for capsize of mussel dredger and death of crewman in Carlingford Lough 30/01/2002

On 31st January 2002 the fishing vessel 'Charisma' sank in Carlingford Lough, Northern Ireland, causing the death of crewman Mark Spiers.

The boat was a small day working mussel dredger of 9.8 meters length which was operated by a skipper and two crew men. On the weekend before the accident the skipper's father and owner of the boat, James Trainor had removed the emergency bilge pump from the engine room leaving a 4 inch hole in the boat's side. Before the boat went to sea on the 30th January the skipper Kevin Trainor said that he had fitted a wooden bung into the hole from inside the engine room.

The boat began fishing on 30th January 2002, and by the afternoon had about five tonnes of mussels on the deck. They failed to make the tide and so were unable to discharge the catch. The next day they continued to fish and by noon on the 31st January 2002 with about 7.5 tonnes of mussels on the deck the boat slowly turned over and capsized.

The Maritime and Coastguard Agency (MCA) assisted the Police Service of Northern Ireland, and the Public Prosecution Service in the investigation.

In Belfast Magistrate's Court recently Kevin Trainor pleaded guilty to two common law charges.

The first being endangering the boat causing loss of life, and the second charge of endangering the boat causing the loss of the boat by capsize. He was sentenced to 18 months in jail suspended for three years.

In passing sentence the judge told him that was it not for the fact that it had taken so long for the case to come to court he would not have suspended the sentence.

Captain David Carlisle of the MCA Belfast Office, who was part of the investigating team said

"This tragic incident could have been avoided had the appropriate procedures been taken. It is also known that the deceased man was not wearing a lifejacket at the time he went into the water."

Press releases and further information about the Agency is available on the Web at http://www.mcga.gov.uk

Published on: 2008-06-09

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