Guidance

Prosecutions report 2023

Updated 21 December 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 (MCA) 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 (MCA), 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 MCA 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.”

MCA 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 MCA 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 (MCA) 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 MCA’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 MCA 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 MCA will always investigate and take action against failings of this nature.”

4. Fake-ship skipper sentenced at Carlisle Crown Court

4.1 Defendant

John Watson

4.2 Date of hearing

13 June 2023

4.3 Details

A fisherman from Cumbria who tried to pass off a new boat as his old one to avoid spending time and money on repairs and fresh safety certificates has been sentenced at Carlisle Crown Court on Tuesday 13 June.

John Watson, 53, of Kingstown Road, Carlisle, pleaded guilty at a previous hearing at Carlisle Magistrates Court on Wednesday 10 May to knowingly or recklessly making a false statement to the registrar.

He secondly admitted supplying false information to the registrar.

He was sentenced by Recorder Julian Shaw to fines totalling £3,500 – comprising £3,000 for the first charge and £500 for the second.

Watson supplied the false information to the UK Ship Register, part of the Maritime and Coastguard Agency (MCA), which brought the prosecution.

The court heard how the deception began after Watson sold his old, unseaworthy vessel, the Solway Prospector, in January 2021.

He purchased another of similar size and better condition, the Mayfly, in May 2021 – despite its Small Fishing Vessel Certificate having run out in 2020.

To fish commercially, vessels under 15 metres must have a Small Fishing Vessel Certificate, certificate of registration, and a safety certificate.

Watson’s plan was to pretend the Mayfly was the Solway Prospector to avoid having to obtain fresh permissions for a new vessel, and the expense of fixing the old boat.

But his scheme started to unravel when 2 MCA surveyors made external checks of the fake Solway Prospector (the Mayfly) in Maryport, Cumbria, on 1 October 2021, following an application by Watson to change its name to the Sanderling.

Weeks later, on 20 October 2021, the real Solway Prospector was spotted by one of the same officers during a 5-day safety-check operation down the coast in Caernarfon, north Wales.

That ship was served with a Detention Notice, stopping it leaving port without permission of the MCA.

The fake Solway Prospector (the Mayfly) was found on 29 October 2021 when it was noticed by MCA officers in Maryport who discovered lifejackets on it faintly bearing the Mayfly’s name.

Watson’s first criminal offence was committed on about 1 June 2021 when he falsely submitted to the MCA forms to renew registration of what he purported to be the Solway Prospector (the Mayfly) as a fishing vessel, berthed in Maryport.

A few weeks later on 15 June he offended for the second time by falsely applying to change its name to the Sanderling.

Carlisle magistrates had sent the case to be heard by a crown court judge as they did not feel they had sufficient sentencing power.

MCA investigator Martin Hayward said after the sentencing: “Watson tried to pass off a vessel that was seaworthy but without fishing licence, for one that was unseaworthy but did have a licence.

“This kind of deception is thankfully very rare but it is important to confront in the courts because keeping accurate records of vessels and their condition is crucial to maintaining a safe UK fleet.

“Watson thought his illegal activity would make his life easier but he has ended up before a judge in court and been fined £3,500.

“I would urge anyone facing similar issues to contact the MCA for advice and avoid being caught up in the same mess. You can contact us on 020 381 72009 or speak to your local Marine Office.”

5. Rowing boat owner sentenced after man was lost overboard

5.1 Defendant

Simon Chalk

5.2 Date of hearing

12 September 2023

5.3 Details

Following a case brought by the Maritime and Coastguard Agency (MCA), the owner and skipper of a vessel has received a 12-month suspended sentence after a 21-year-old was lost overboard in the middle of the Atlantic.

On 14 February 2016, Michael Johnson from Zimbabwe, was onboard the rowing boat Toby Wallace, as part of a world record attempt to cross the Atlantic Ocean in 32 days.

Just after midnight on the 16th day (15 February) Mr Johnson was washed overboard. Despite the best efforts of the crew, Mr Johnson could not be saved.

The Toby Wallace belonged to Simon Chalk, aged 51, of Astley Burf, Stourport-on-Severn, who has pleaded guilty to failing to take all reasonable measures to ensure the safe operation of his vessel.

Following the lengthy and complex investigation conducted by the MCA, Chalk was charged under the Merchant Shipping Act 1995 at Bristol Crown Court this week.

The court heard that there was hardly any training for the crew of 8 who took on the record challenge, there was no requirement to complete sea survival training, and there was minimal time to get acquainted with the Toby Wallace.

The crew had not had a safety briefing on the vessel about her equipment, including personal floatation devices and beacons, the court heard.

On 12 September, Chalk was sentenced to 12 months in prison, suspended for 12 months, and was ordered to complete 150 hours of unpaid work and 10 Rehabilitation Activity Requirement days.

MCA Lead Investigator Jay Staff said:

At this time, the MCA is mindful of the family and friends of Michael Johnson, who have seen justice served in this tragic case.

The MCA will continue in its work to ensure everyone going out on the water is appropriately protected and knows what to do in an emergency, to avoid incidents of this nature in the future.

6. Helmsman sentenced for manslaughter after a RIB collided with a buoy in Poole

6.1 Defendant

Morgan George Smith

6.2 Date of hearing

21 November 2023

6.3 Details

A helmsman has been sentenced for gross negligence manslaughter for piloting a RIB at excessive speed causing it to collide with a buoy in Poole Harbour.

Morgan George Smith, 21 and of Northampton, appeared at Bournemouth Crown Court on Thursday 20 July 2023 and pleaded guilty to gross negligence manslaughter.

He was sentenced at Winchester Crown Court on Tuesday 21 November 2023 to 3 years in prison.

On the evening of Sunday 1 May 2022, Smith attended a regatta prize-giving event at Poole Yacht Club with friends and other regatta competitors including 24-year-old David Haw. During the course of the evening, Smith was seen on CCTV to purchase and consume a number of alcoholic drinks.

Following the event, Smith agreed to take Mr Haw back to where he was staying for the weekend near Sandbanks in a RIB, after dropping off three other people at Poole Quay.

At around 12.18am on Monday 2 May 2022 the RIB collided with a large metal buoy channel marker, known as Diver Buoy, which stood four metres above the waterline and was illuminated. The impact caused Mr Haw and another passenger on the boat to be thrown into the water.

While the other passenger was able to make their way back to the boat, David Haw was sadly not located.

The incident was reported to Dorset Police at 1.59am after Smith and the other passenger had made their way back to shore in the damaged RIB and alerted a resident living nearby.

Extensive searches were carried out in the Poole Harbour area, with specialist police dive teams supported by HM Coastguard, the RNLI and volunteers from DorSAR and Wessex Flood and Water Rescue Unit. Very sadly, the body of David Haw was found in the waters of Poole Harbour at around 1.40pm on Saturday 14 May 2022.

An investigation was launched by Dorset Police’s Major Crime Investigation Team (MCIT), working with the Maritime and Coastguard Agency and other specialist units within Dorset Police, to establish what happened. The investigation also worked with nationally recognised experts to provide detailed analysis of the circumstances including mapping, route and speed analysis of the RIB.

Enquiries found that Smith was travelling at close to 30 knots, approximately 3 times the acceptable speed limit and was navigating in darkness using a mobile phone, which would have compromised his night vision. Personal floatation devices (life jackets) were on board the RIB, but were not worn. In addition to this, Smith was not qualified to operate the RIB in night-time conditions.

Smith was arrested during the evening of Monday 2 May 2022 and following consultation with the Crown Prosecution Service, he was charged.

Detective Inspector Mark Jenkins, of the MCIT, said:

First and foremost, the thoughts of the investigation team remain with the family and friends of David Haw through this extremely difficult time.

We have been absolutely committed to establishing what happened and carried out a detailed investigation working closely with partner agencies and marine specialists both within Dorset Police and externally.

Smith showed no regard for the safety of his passengers on the RIB by embarking on a journey at high speed, across an unfamiliar and congested harbour at night whilst under the influence of alcohol. He was not qualified or trained to operate the RIB at night.

Further to this, Smith did not wear a life jacket, and did not encourage his passengers to do so either. He allowed Mr Haw to sit in the bow of the vessel, putting him at the most risk of being ejected from the RIB in the event of a collision.

This case is a very sad reminder of the need for boat operators to prioritise the safety of their passengers and others while on the water and the possible tragic consequences if safety procedures are not adhered to.

Mark Cam, Lead Investigator at the Maritime and Coastguard Agency, said: 

Not only had the defendant been drinking when the crash happened but he had also failed to gain sufficient training to operate a powerboat at night without posing a deadly risk to others.

This case has tragically demonstrated how alcohol and vessels do not mix, and the importance of getting the right qualifications to stay safe on the water.

We worked hard to give strong support to Dorset Police’s investigation, and our thoughts remain with the family and friends of David Haw.