Guidance

Prosecutions Report 2022

Updated 14 June 2022

1. Man sentenced after serious collision between his fishing boat and a cargo ship near the Tyne River

1.1 Defendant

Terence Auld

1.2 Date of Hearing

13 January 2022

1.3 Details

Terence Auld, 60-years-old, from Whitley Bay, Tyne and Wear has been handed a fine of £1,000 at Newcastle-Upon-Tyne Magistrates Court today (January 13) following a serious collision involving two boats to the east of the Tyne.

Auld has also been ordered to pay prosecution costs of £2,000 and a victim surcharge of £100.

At around 3.30pm on November 8, 2020 the Achieve, a nine-metre fishing boat, being skippered by Auld collided with the much larger eighty-one metre Russian owned cargo ship Talis.

The Achieve was travelling towards the Tyne at the time of the incident in weather conditions that caused very poor visibility. Auld failed to spot the Talis on his radar and the wheelhouse was left unattended when he went to the deck to speak to his crew.

Serious damage was caused to the fishing boat which, despite the best efforts of the RNLI, sank while being towed back to the Tyne. Auld and his crew were rescued by the RNLI crew.

An investigation was carried out by the Maritime and Coastguard Agency’s Regulatory Compliance Investigation Team who summonsed Auld for offences under Section 58 of the Merchant Shipping Act 1995 Conduct endangering ships, structures, or individuals.

Auld pleaded guilty to the offence at a hearing at Newcastle-Upon-Tyne Magistrates Court on January 13.

District Judge Currer described it as a ‘serious’ offence and said Auld had been reckless in leaving the wheelhouse, given the vessel’s location and the conditions. Auld was given considerable credit for cooperating with the MCA and his guilty plea.

Mark Cam, Lead Investigation Officer, from the Maritime and Coastguard Agency said: “Auld failed to heed important international safety regulations at the time of the collision, failing to maintain a lookout for other vessels and to make proper use of his radar.

“Auld lost his boat that day but the incident could have had much more serious consequences, the lives of himself and his crew were put at risk. They were fortunate to be rescued so quickly.

“These regulations are there to ensure the safety of those at sea and it is unacceptable to breach them. It is crucial that owners and skippers of vessels fitted with radar should always be able to make proper use of it. The MCA strongly recommend that formal radar training is undertaken to be able to utilise radar to its full potential as a vital aid to

collision avoidance. We will always investigate and prosecute where necessary those who disregard regulations and put lives at risk.”.

2. Partygoer who set off a fire extinguisher on passenger boat

2.1 Defendant

Aaron Chew

2.2 Date of Hearing

1 June 2022

2.3 Details

A partygoer who set off a fire extinguisher into the wheelhouse of a passenger boat on the River Thames has been given a 12 month Conditional Discharge, ordered to pay £1,000 compensation and £500 costs.

Aaron Chew, aged 30, from Barking in Essex, had pleaded guilty to two offences committed while he was on board the Hurlingham on 19 October 2019.

The boat had been hired for a private party and had 102 passengers on board along with seven crew.

At around 10pm the boat was being navigated past London Bridge City Pier heading towards Tower Bridge, ending at Tower Pier where the party was due to finish.

Chew picked up a foam fire extinguisher and sprayed the contents into the wheelhouse where the Master and First Mate were.driving the boat. The foam went onto the windscreen obliterating the view for the Master, covered the navigation equipment, electrical system and CCTV.

They remonstrated with him and asked him to put the fire extinguisher down but he responded with an obscenity and then claimed it was just banter and that he was drunk. He then went to the front of the boat and threatened to jump off.

Security officers pulled him back on board and police were called. Chew was arrested and cautioned by Metropolitan Police officers for criminal damage offences. Under caution he admitted to being under the influence of drink and drugs having taken Ketamine and also admitted to taking and discharging the fire extinguisher.The investigation was taken over by the Maritime and Coastguard Agency who subsequently brought the prosecution

Mark Cam, Lead Investigator with the MCA’s Regulatory Compliance Investigations Team, said: “Fire extinguishers are not toys and vessels are not playgrounds. Chew’s actions could have brought about serious consequences for the lives of the crews and passengers.

“We want to send a clear message such offences are not acceptable and those unwilling to follow rules and regulation will face the full weight of the law.

Background

The charges that Aaron Chew pleaded guilty to were as follows:

1. On the 19th day of October 2019 Aaron Chew while on board the passenger ship Hurlingham, intentionally discharged a foam fire extinguisher in the wheelhouse of the vessel covering the windscreen, navigation equipment and Master, thereby impeding the Master in the navigation or management of the ship or otherwise in the execution of his duty on or about the ship. CONTRARY to Section 101(2) of the Merchant Shipping act 1995(as amended)

2. Aaron Chew on 19 October 2019 without lawful excuse damaged the windscreen of the passenger vessel Hurlingham by spraying it with foam, intending to damage such property or being reckless as to whether such property would be damaged. Contrary to section 1 (1) of the Criminal Damage Act 1971