A man died in a “tragic” incident six years ago after he jumped from a cargo ship which did not have its gangway secured to the quayside of Dublin Port, a court has heard.
Alexander Kondrashyn had been socialising on the cargo vessel, The Elptrader, in the early hours of January 12th, 2018, when he and another man went to leave by jumping from the ship as the gangway was not in position at the time.
Mr Kondrashyn landed in the water and was unresponsive when he was recovered from the water. He was later pronounced dead in hospital.
Dublin Circuit Criminal Court heard that Mr Kondrashyn had been socialising with Sergej Stolbov, the master of The Elptrader, and the master of another ship.
Marine regulations requires that there must be a safe means of access and egress from a vessel when it is docked at a port to protect people who are boarding or disembarking.
This is normally done by means of a gangway, which should be placed in position promptly after a vessel is berthed and remain secured while the ship is quayside.
The court heard the gangway had been positioned correctly after the Elptrader arrived in Dublin Port the previous evening, but was removed from the quayside before midnight.
Tony McGillicuddy SC, prosecuting, told the court that the master of the ship, who is also the person in command, has overall responsibility for ensuring the gangway remains in position.
Stolbov, of Kurpiv Street, 92128 Klaipeda, Lithuania, pleaded guilty to failing to ensure access equipment, including safety nets, was placed in position promptly after the ship was secured and remained in position while the ship was secured. The maximum penalty for this summary offence is a fine of €500.
He had been due to face trial in May in relation to a more serious charge of omitting to ensure the provision of a safe means of access and egress from the vessel, which amounted to a neglect of duty to preserve any person on board from death or serious injury.
A nolle prosequi was entered by the DPP in relation to this charge, meaning it was dropped, after guilty plea to the charge of failing to ensure access equipment was in place was accepted on a full facts basis.
Tragic incident
Imposing sentence on Friday, Judge Martin Nolan said this was a “deeply unfortunate” and “tragic” incident. He noted that the two men decided to jump from the ship to the quay, and while one man succeeded, “the unfortunate deceased didn’t”.
“Obviously, there should be a safe gangway from a ship to the pier. It was pulled back in for some reason and not available to the guests when they went [to go] home,” the judge said, adding that this was a “sad situation”.
The judge noted the guilty plea and imposed a fine of €400 with one month to pay.
Ian Wallace, chief marine engineer with the Irish Maritime Survey Office, told Mr McGillicuddy that The Elptrader docked at Dublin Port late in the evening of January 11th, 2018.
CCTV footage showing the gangway in its proper position at 11.19pm was played to the court.
The gangway was removed from its position on the quayside before midnight, which is contrary to the regulations. The court heard that after midnight, a number of seamen either left the ship or came onto it by jumping.
Stolbov had come off duty at midnight. He left the ship and returned around 2am with the master of another ship and Mr Kondrashyn, who was chief engineer of that vessel.
The three men boarded the Elptrader by jumping onto it from the quayside and spent some time socialising on board.
At around 4.30am, Mr Kondrashyn and the other man decided to leave.
Two seamen on the Elptrader had begun the process to return the gangway to the quayside, however, the other man and Mr Kondrashyn went to another point on the vessel and jumped off.
The master of the other ship landed on the quayside; however, Mr Kondrashyn landed in the water.
Mr Wallace agreed with Mr McGillicuddy that it is possible Mr Kondrashyn may have slipped as he was about to jump and hit his head off the side of the concrete pier.
The alarm was raised, and Mr Kondrashyn was taken from the water. He was brought to hospital, where he later was pronounced dead.
CCTV footage of the incident was shown to the court.
Off duty
Stolbov gave an account to investigators, confirming he had been socialising with Mr Kondrashyn and the master of the other ship, then went to bed after they left.
Later, during an interview under caution, he said he did not notice if the gangway was in place when he went on shore. Stolbov said he had been off duty since midnight and was not in command when the incident occurred.
The court heard it is unclear from statements taken during the investigation who gave the order to stow the gangway before midnight. However, the overall responsibility remains with the master of the ship to ensure it is in place.
Mr Wallace agreed with Mr McGillicuddy that the plea was of value in this case as the prosecution had difficulties contacting witnesses, some of whom would have been unable to attend the trial to give evidence.
Mr Wallace agreed with Karl Finnegan SC, defending, that his client lives in Lithuania and returned to Ireland on a number of occasions to deal with this case.
Mr Finnegan noted that one witness said he was aware that the two men were about to leave and indicated he would put the gangway out, but “it appears they did not wait for whatever reason”. Another witness indicated he was asked to assist, then heard shouting behind him.
Mr Wallace said he had no knowledge if Stolbov had any previous convictions, while defence counsel indicated his client has none.
The court heard Mr Kondrashyn's family did not wish to submit a victim impact statement.
Mr Finnegan expressed his client's condolences to Mr Kondrashyn's family.
