Swedish Court Finds Captain and Pilot Negligent in Summer Boating Accident
The District Court in Gothenburg, Sweden, found both the captain of the cargo vessel Misje Verde and the pilot who was aboard guilty of negligence in the summer boating accident that killed a mother and daughter and injured the father and son aboard a small pleasure boat. Prosecutors argued it was a failure to keep a proper watch while the captain and pilot disagreed over their roles and responsibilities.
The 5,310 dwt vessel was navigating in an archipelago area on the western coast of Sweden on July 28 when it hit and sank the 7-8 meter long pleasure craft with the family of four aboard. The father testified in court that he only saw the 90-meter (295-foot) dry cargo ship when it was a few meters behind his boat. He tried to swerve, but the pleasure boat was sucked under the bulb.
While the weather was not good at the time of the accident, the Swedish Accident Investigation Board found that the pleasure boat was visible on radar. Under the navigation rules, the larger cargo ship overtaking the small pleasure boat had the obligation to give way to the small boat.
The authorities asserted that the vessel did not see the boat because it failed to keep a proper lookout and did not stop after hitting the boat. It was only when the authorities informed the captain later, as the cargo ship was stopping to disembark the pilot. Another private boat rescued the father and his son, and the mother and daughter were later found deceased in a search of the area the following day.
The authorities believe the Russian master of the vessel had at one point left the bridge to do paperwork. They said the Swedish pilot had assumed greater responsibilities beyond necessary in a pilotage assignment. Since he was navigating the vessel, they said he also had a responsibility to maintain a lookout, which he did not. Further, because it was an archipelago environment during the summer, they said there was a greater importance to maintaining a lookout.
During the trial, the captain admitted ultimate responsibility as the master of the vessel but said he thought the pilot was maintaining the lookout while navigating. The pilot said the captain had misunderstood his role as officer of the watch.
The court found deficiencies in the lookout while accepting that the pleasure boat should have been detected and the collision avoided if the lookout had been properly maintained. It found both the captain and the pilot guilty of negligence in maritime traffic, causing the death and causing bodily harm. Prosecutors argued for jail time, but the court suspended the sentences. The pilot was also ordered to pay a fine, but since the captain had been detained during the investigation, he was released with the suspended sentence.
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The pilots' association complained about the verdict and the precedent it could set, while pilotage in the Marstrand area was briefly suspended on Wednesday and Thursday after the verdict was delivered. The occupational health services advised that, for the mental health of pilots, the service should be temporarily paused. About 10 ships were affected, and pilot services were being resumed in the area during the day on Thursday.
Both the captain and pilot had denied guilt in the incident. Media reports said they were planning to appeal the verdict.
