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Boat owner tells court of his sorrow over sinking

Jun 25, 2008 | Hilary Duncanson | The Press and Journal

The owner of a fishing boat which sank with the loss of seven lives told a court yesterday of his feelings of regret in the wake of the tragedy.

Solway Harvester owner Richard Gidney, 43, said the events of January 11, 2000, had affected him deeply and added: "I don't regret anything more in my life than what's happened to that vessel and these men."

He made the statement at Kirkcudbright Sheriff Court when prompted by Andrew Smith QC, acting on behalf of Isle of Man coroner Michael Moyle.

The QC asked if he wanted to express any remorse or sorrow about what happened to the families of those who died.

Looking towards the public gallery, Mr Gidney replied: "Of course. I think this has affected me extremely deeply.

"Maybe not as deeply as the people there, but . . ."

He bowed his head and struggled to compose himself before going on to express his regret at what happened.

The boat owner's evidence was witnessed by around 20 friends and relatives of those who died, on the second day of a special court hearing.

He was ordered to give evidence in Scotland after he refused to attend an inquest in the Isle of Man.

Mr Gidney went on trial in 2005 accused of manslaughter in relation to the sinking of the vessel, but was acquitted when a judge ruled there was no case to answer.

During evidence yesterday, the court heard the Solway Harvester's liferafts had not been serviced for a number of years before the tragedy.

Mr Gidney agreed it was a "pretty serious failing", but insisted he had no idea why they had not been serviced for so long.

The court was told a Marine Accident Investigation Branch report into the sinking found the Solway Harvester's liferafts were last serviced in September 1996, despite rules dictating that they should be serviced every year.

"Why was it that they weren't serviced as required by regulations?" asked Mr Smith.

"I've no idea," Mr Gidney replied.

He told the court it was up to the skipper to deal with boat maintenance.

"I take it you accept it was a pretty serious failing that these weren't serviced as required?" said Mr Smith. "Yes," said Mr Gidney.

Mr Gidney went on to accuse the QC of trying to "twist the truth" in an exchange over a safety certificate for the boat.

He admitted there was a time when the Solway Harvester sailed when he was not in possession of the relevant UK fishing vessel certificate.

He insisted the boat was not sailing illegally and said the authorities had simply not issued him with a fresh certificate when a short-term certificate had expired.

Mr Smith asked the witness if he accepted that no certificate was in place for a period of six months, to which he replied: "No, I don't accept that.

"What you're trying to do here is twist the truth of the matter, which was that the certificate was valid and in place, simply the paperwork hadn't been issued."

He said: "The vessel had been inspected and was conforming with legislation.

"It was a perfectly safe vessel at that point."

He added later: "You're asking me to agree that the vessel was sailing illegally and I don't agree with that."

The court hearing came to an end yesterday afternoon.

A full transcript of the proceedings, before Sheriff Principal Brian Lockhart, will be handed over to the Isle of Man coroner in the next few weeks.

Alex Currie, a Church minister acting as a spokesman for the families, voiced disappointment about areas of Mr Gidney's evidence.

He said: "We want to just express disappointment at the lack of expressed regret at the loss of seven crew until prompted to do so."

A Coroner of Inquests Inquiry was opened in the Isle of Man in 2006 but was postponed when Mr Gidney did not want to attend. The Court of Session in Edinburgh granted a petition by the coroner, ordering Mr Gidney's examination.

The Kirkcudbright-based scallop dredger sank off the Isle of Man in 2000.