UK Sentences Master and Shipping Company for 2021 Fatal Incident

 

The Southampton Crown Court, UK, on Friday, February 14, sentenced the master of a North Sea cargo ship and the company operating the vessel for their involvement in causing a fatal accident in 2021. The master, who was reported to have been on his first voyage in command, pleaded guilty to failing to operate the vessel following the safety management plan while the shipping company was found guilty in a four-week trial for failing to operate its ships safely.

The trial stemmed from the December 13, 2021, incident when the Scot Carrier, a 4,700 dwt general cargo ship, collided with a small, self-propeller Danish barge the Karin Høj. They were sailing in the busy shipping lane between Denmark and Sweden and the small barge capsized killing the two crewmembers aboard.

Swedish authorities immediately said they suspected drunkenness and detained the Scot Carrier after the vessel initially left the scene of the collision. The ship’s second officer who was navigating the vessel was extradited to Denmark for trial. The British officer, Mark Wilkinson, pleaded guilty to charges of negligent manslaughter for his role as helmsman. He was sentenced in 2022 to spend 18 months in a Danish prison.

“This was an accident waiting to happen,” said Southampton Crown Court Judge Peter Henry during Friday’s sentencing. He criticized the “laissez-faire attitude” toward safety aboard the ship and the operator’s culture which included regularly not maintaining lookouts despite requirements. 

Wilkinson was alone on the bridge of the vessel at 0325 when the collision occurred. The UK’s Marine Accident Investigation Branch (MAIB) had previously detailed that the second officer was distracted and that the warning alarms on the navigation systems were turned off. He was said to have been chatting with a woman over the internet and made what became the fatal course correction without checking his surroundings.

In the new trial, additional details came out. The master Sam Farrow, age 33 of London, confirmed that he suspected the first officer was intoxicated and had relieved him of his watch that night. According to the reports, Farrow was also distracted making a phone call to his mother when he handed over the watch to Wilkinson. The court was told basic safety requirements were being routinely ignored, but they believed that he was aware the Wilkinson had also consumed alcohol before coming on watch. Wilkinson in his trial said he did not believe he was intoxicated.

According to the court, Farrow did not take safety action despite being aware that Wilkinson was failing in his duties as officer-of-the watch and permitting consumption of alcohol on the ship. Farrow pleaded guilty and was sentenced to eight months in jail, suspended for 12 months, and £25,000 ($31,550) in costs. Media reports indicate he will have to carry out 200 hours of unpaid community work and pay a victim surcharge, to avoid prison time.

“The failure to provide lookouts was the undoubtedly the single biggest failure, but the failure properly to oversee and enforce bridge discipline amongst the crew introduced additional distractions from the safe operation of the vessel which aligned to create the hole in the model and led directly to the collision,” concluded Judge Henry.

Intrada Ships Management which operates Scotline was found guilty of failing to operate a ship in a safe manner. The judge sentenced the company to a £180,000 fine ($227,000) and a further £500,000 ($630,000) in costs. Media reports said Intrada spent £1 million (nearly $1.3 million) on legal fees. 

The issue of shipping companies not posting lookouts at night has been highlighted by the authorities regarding several incidents. In October 2023, another Scotline vessel managed by Intrada Ships Management, Scot Explorer, was involved in a collision off the Danish coast. The vessel hit an LPG carrier which was drifting while undertaking engine repairs. MAIB reported the master of the Scot Explorer was also alone on the bridge and distracted while the ship was on autopilot. Intrada was again cited for not maintaining proper watches with a lookout and committed to enhancing its safety protocols and training.