Reckless Skipper Handed Prison Sentence
U.K. skipper Alexander Baird, who pleaded guilty to a charge of not operating his ship in a safe manner, has been sent to prison following a hearing April 21 at Mold Crown Court, where he received a custodial sentence totaling nine months.
Baird admitted the charge which covered a number of deficiencies found on his fishing vessel, St Amant.
Baird was skipper of the vessel between November 2007 and April 2012. During that period St Amant was inspected on nine occasions and a number of problems found. These included safety equipment not working or not ready for immediate use, cluttered deck, failure to brief crew on emergency procedures or holding drills and making sure they had taken legally-required safety courses.
In the early hours of January 13, 2012, a member of the crew Steven Robertson, was lost overboard. No charges have been brought in connection with that fatality and there is no suggestion that the deficiencies found are linked to his loss.
However, prosecution on behalf of the Maritime & Coastguard Agency (MCA) said the death was relevant to the seriousness of the offences because after the loss of a crewman, it would be expected that a skipper would do everything to make sure the vessel was safe for those who worked on it.
The deck was cluttered when inspected in June 2010. It was still cluttered on February 14, 2012, a month after Robertson’s death.
Failing to brief crew on emergency procedures was first highlighted in June 2010, it was still a problem in February, March and April 2012. Similarly, crew weren’t being properly trained nor was safety equipment checked that it would be ready for use in an emergency.
David Fenner, Fishing Vessel Policy Manager said, “This case serves as a reminder to owner, operator and managers of fishing vessels to ensure that their vessels are operated safely.”
Passing sentence, His Honor Judge Rhys Rowlands said, “Baird showed a callous disregard of the law and his duty to the crew.”
“This was the first occasion that the new Health & Safety sentencing guidelines have been used,” Captain Andrew Phillips, from the MCA's enforcement unit. “We expect their use will aid a more consistent approach to sentencing.”
