Prison term for man who admitted causing fatal ferry crash off Rosyth, Scotland
The second
officer who admitted his actions were responsible for the death of a fisherman,
has been sent to prison.
Pasquale Miccio
pleaded guilty to a breach of section 58 of the Merchant Shipping Act 1995 as
amended, on 24th March 2016 in the High Court of Justiciary,
Glasgow. It means he admitted his actions or omissions were responsible for the
death of Daniel McNeil (16) who was a crew member of the fishing vessel
Homeland in August 2010.
At the time Mr
Miccio (49) was serving as second officer aboard the MV Scottish Viking, a
ferry owned and operated by Visemar di Navigazone Srl. The ship was on a
regular service between Rosyth in Scotland and Zeebrugge in Belgium.
He was the
navigating officer on 5th August 2010, when the Scottish Viking
sailed from Rosyth at around 4.30pm.
At around
6.10pm, the lookout reported seeing fishing vessels ahead and to starboard and
the second officer made a small alteration of course. The lookout continued to
point out the proximity of the fishing vessels and at 6.35pm, a further slight
alteration of course was made. Despite these warnings the second officer made
no further alterations of course or speed.
Daniel McNeil
was the brother of skipper Joseph McNeil and working during his holidays
onboard the family fishing vessel Homeland.
They sailed
from Eyemouth along with other vessels of the local fishing fleet at around
6pm. Joseph McNeil was working on the deck mending a net when, about thirty
minutes later, he heard a warning blast from a nearby boat, the Achieve and
heard the skipper calling to him on the VHF.
He went forward
and looked out of his wheelhouse to see the Scottish Viking just seconds before
it struck. He and his brother managed to clamber onto the wheelhouse roof but
the boat went down very quickly. The Serene y Don - another local boat - threw
Joseph a life ring and pulled him to safety but Daniel could not be found.
In the High
Court in Edinburgh today, the judge, his Lordship Lord Bannatyne said that the
day had been a dreadful tragedy in that Daniel McNeil had lost his life and his
family their son and brother.
‘It is
impossible to place a value on his life and it is not the purpose of this court
to do so,’ he added.
He told Mr
Miccio that as the officer in charge of a large vessel, he was responsible for
the failures and omissions and had failed to take actions that would have
prevented the death of the young man.
Today,
sentencing him to 12 months in prison, reduced to eight months, the judge said
he had taken into account mitigation that there were other contributory factors
to the incident and that Mr Miccio had no previous accidents.
Captain Bill
Bennett, surveyor in charge, for the Maritime & Coastguard Agency said that
the case highlighted the need to maintain a proper lookout. He added it also
reinforced the need for every vessel to use all available means to determine if
a risk of collision exists and to take early positive action to avoid that
collision.