The owner of a fishing trawler which sank off the west Cork coast has disputed the findings of an official investigation into the incident which concluded the sinking was due to a series of failures relating to faulty equipment, crew training, safety management and poor regulatory compliance.
Instead, Wexford-based firm, R & E Fish Limited, blamed the sinking of its 24-metre vessel, Ellie Adhamh off Bull Rock on March 28th, 2021 on a collision with a naval patrol ship which was attempting to attach a towline to it on the previous evening.
A report by the Marine Casualty Investigation Board listed 12 different factors which contributed to “a very serious marine casualty” which had put the lives of the vessel’s seven crew and rescue personnel at risk.
The contributory factors included the failure to provide a properly qualified and trained skipper and the crew’s lack of training in emergency procedures.
Others included the failure to close all watertight openings on the vessel and a defective waste discharge chute as well as the weather conditions.
The trawler sank after it had lost all electrical power and attempts were being made to tow it to its home port of Castletownbere, Co Cork in storm force sea conditions.
However, R & E Fish Limited which is in liquidation disputes many of the MCIB’s findings and claimed the situation with the trawler only deteriorated after a collision with the naval vessel, LÉ George Bernard Shaw, during attempts to attach a towline on March 27, 2021.
The company claimed the MCIB report contains “many false claims and inaccurate information.”
The skipper of Ellie Adhamh told the MCIB that he did not want to abandon the trawler as he believed the water condition onboard the vessel was under control at the time but he was overruled by the captain of the naval ship.
The owner particularly contended that the collision was a causative factor in the sinking of its trawler and was due to the incompetence of the Naval Service.
It maintained that the collision was “far from superficial” and much more serious than reported by the MCIB.
The company also objected to the investigator appointed by the MCIB as it claimed he was a former member of the Naval Service which it claimed posed “fa conflict of interest.”
The owner and skipper insisted that the vessel had little or no water on board for 33 hours after it lost power and it only began to list and take on more water after it was being towed by the naval patrol ship.
However, the MCIB said it reviewed a video recording of the collision and concluded the impact was not severe and there did not appear to be any serious damage or water ingress.
Investigators said any major damage to its bulbous bow would have been clearly visible but it was intact as the vessel sank.
“This type of contact between vessels is not uncommon in salvage and rescue operations in very bad weather,” the MCIB noted.
It concluded that the collision with the naval ship was neither a causative nor a contributory factor.
The Naval Service also stated it did not agree with the sequence of events as described by the trawler’s skipper and owner.
The MCIB said the carrying out of changes to the trawler which might affect its stability and the failure to comply with classification rule and failure to ensure there was a qualified skipper onboard showed “a disregard for the safety regime” provided for in marine legislation.
The report also noted that the skipper of Ellie Adhamh was convicted and fined for not holding the correct certificate of competency for the 230-tonne trawler.
The vessel experienced an electrical power failure on March 25th 2021 as it was returning to Castletownbere after fishing for prawns approximately 160 nautical miles off the Cork coast after a fortnight at sea.
However, it continued to head for port in the company of another trawler until its main emergency batteries died the following day which left the crew below deck being in darkness.
A tow was established with the other trawler for a short time.
Weather and sea conditions started to deteriorate when Ellie Adhamh was about 55 nautical miles from port and the other vessel went ahead back to Castletownbere for its own safety.
The MCIB report noted that it started taking water into the main deck at this stage but the crew were unable to pump it back overboard because of the power failure.
Emergency pumps and VHF radio sets were dropped onto the trawler by an Irish Coast Guard helicopter on the morning of March 27, 2021.
Shortly after, LÉ George Bernard Shaw established a towline to the stricken vessel, but the safety of the crew became an increasing concern as the trawler developed a significant list and continued to take on water in bad weather.
The crew were finally airlifted to safety from the vessel at 6.55pm, just over an hour before the trawler went adrift after the towline broke.
A tug which arrived on the scene the following morning was unable to attach a line due to weather conditions and the sinking of Ellie Adhamh was reported at 10.55am on March 28, 2021.
As part of its investigation, the MCIB issued a series of safety recommendations including better enforcement of legislation and the introduction of penalties to ensure greater compliance with regulations governing the condition of vessels and equipment.
It also called on the Minister for Transport to issue a marine notice to remind owners, skippers and crews of fishing vessels of the requirement for all crew members to have appropriate certification and basic safety training.
The MCIB said the owners and skippers of vessels should also be reminded of their legal obligations to maintain the condition of their vessel and its equipment in conformity with regulations.
