MCA enforcement unit: prosecutions 2023

1. Man sentenced after serious collision involving vessel

1.1 Defendant

Jake Buchanan

1.2 Date of hearing

2 February 2023

1.3 Details

A man has been fined £6,000 plus costs of £10,000 following a joint investigation by the Maritime and Coastguard Agency () and Devon and Cornwall Police.

Jake Buchanan, 28, who appeared before Isles of Scilly Magistrates' Court on 2 February 2023, had pleaded not guilty to four charges concerning safety, following a serious collision involving his vessel on 9 September 2021.

Mr Buchanan was the master of a 17-foot speed boat with two passengers when it struck rocks off Tresco.

Mr Buchanan has been handed a £6,000 fine in total and ordered to pay prosecution costs of 10,000. He has also been charged an additional victim surcharge of £190.

Mr Buchanan was found guilty of all 4 offences. He was found, under Section 58 of the Merchant Shipping Act, to have committed an act which was likely to have caused the loss or destruction of, or serious damage to, a ship or structure; or the death of, or serious injury to, any person.

He was also found guilty of failing to maintain a proper lookout and failing to proceed at a safe speed, contrary to regulations 4 and 6 of the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996, as well as failing to exhibit navigation lights in contravention of rule 23 of the International Regulations for the Prevention of Collisions at Sea 1972.

2. Marine company fined £2million after death of crewman

2.1 Defendant

Svitzer Marine Ltd

2.2 Date of hearing

20 February 2023

2.3 Details

A marine company has been fined £2million after unsafe practice led to the death of a crewman.

Svitzer Marine Ltd pleaded guilty to failing to operate a vessel safely and failing to provide a safe system of work, causing the "avoidable tragedy" of 62-year-old Ian Webb falling into the water.

Heard at Liverpool Crown Court today, 20 February 2023, the tragic death sparked an investigation by the Maritime and Coastguard Agency (), which identified a catalogue of the company's failures.

On the evening of Mr Webb's death, 27 January 2019, Svitzer Marine's tug Millgarth was cast off from the Tranmere north jetty, in the river Mersey, in storm force conditions.

Mr Webb, the vessel's chief engineer, released the mooring lines and attempted to return to the tug, stepping down from the jetty on to a fender. The tug was free from the jetty and rolling in the swell of the river.

Expected to stand on top of a narrow, wet fender with unprotected drops either side, Mr Webb fell into the river.

He was eventually rescued by Merseyside Fire and Rescue Service, but Mr Webb died from the effects of cold water immersion.

The investigation by the revealed Svitzer Marine had not completed a risk assessment of the Tranmere jetties, despite crews raising concerns.

Svitzer Marine had failed to instruct crews in how to operate rescue equipment, failed to ensure rescue equipment was correctly fitted, and failed to ensure safety drills were being conducted.

Svitzer Marine was fined £2million and ordered to pay £136,711 costs, totalling a sum of £2,136,711.

During the sentencing Judge Byrne described what happened as an "avoidable incident", adding: "This operation was inherently unsafe in any conditions but in these conditions even more so."

The judge expressed his condolences to Mr Webb's family.

After listening to the list of failings conducted by Svitzer he said: "Previous events should have put the defendant on notice."

senior investigator Mark Flavell, leading the case, said: "My thoughts are with the family of Mr Webb, who today can take some comfort in seeing justice being served.

"Svitzer Marine has been convicted of failing to discharge properly the obligations to respect workers' safety. Simply put, this was a fatality that should not have happened, and the company has failed Mr Webb and his family.

"This case highlights the consequences of complacency, of failure to adequately assess risks which can be prevalent in everyday tasks, and of failure to undertake safety drills to ensure crews are competent in the use of life saving equipment.

"As with most incidents of this nature, it was an avoidable tragedy, and the will take action to stamp out such failures."

3. Firm fined £800,000 after death of fish farmer

3.1 Defendant

Mowi Scotland Ltd

3.2 Date of hearing

9 May 2023

3.3 Details

A company has been fined £800,000 following the death of a fish farmer in the Scottish Highlands.

Clive Hendry had been working on a salmon farm operated by Mowi Scotland Ltd when, in an attempt to move from a workboat to a barge, he suffered crush injuries, fell into the sea and drowned.

An extensive investigation by the Maritime and Coastguard Agency () concluded Mowi Scotland Ltd, owner of workboat Beinn Na Caillich, failed to take all reasonable steps to ensure this boat was operated in a safe manner.

The accident happened on 18 February, 2020, when Mr Hendry was working on the Ardintoul fish farm, near Kyle of Lochalsh.

Mr Hendry was picked up from one of the fish pens by workboat Beinn Na Caillich, with a request to be taken to the Sea Cap barge.

On arrival he stepped from the workboat on to the barge's access ladder. Here he was crushed by the workboat, which had been moving throughout.

As one of his colleagues tried to help him on to the barge, Mr Hendry slipped out of his life jacket into the sea.

Heard by Inverness Sheriff Court on 9 May, the 's investigation revealed Mowi Scotland Ltd had failed to provide effective safe systems of work, sufficient or suitable risk assessments, sufficient risk mitigation, and sufficient control over Personal Protective Equipment (PPE).

The company also failed to prevent unsafe practice, with sea gates left open while a vessel was travelling.

Mowi Scotland Ltd was charged by the Crown Office and Procurator Fiscal Service under the Health and Safety at Work Act, and was fined £800,000. The company must also pay a victim surcharge of £60,000.

After the sentencing lead investigator Jay Staff said: "This case highlights the consequences of unsafe practice and failing to operate a boat safely.

"My thoughts are with the family and friends of Clive Hendry, who I hope can take some comfort from this result.

"We also hope lessons have been learned. The will always investigate and take action against failings of this nature."

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