Guidance

Prosecutions report 2024

Updated 16 July 2024

1. Boat owner to pay £20,000 after vessel collides with rocks

1.1 Defendant

Ian Sullivan

1.2 Date of hearing

16 February 2024

1.3 Details

A boat owner was ordered to pay £20,000 in prosecution costs at the Portsmouth Crown Court on 16 February 2024, following a joint investigation by the Maritime and Coastguard Agency (MCA) and Hampshire Police.

Ian Sullivan, 55, from Swindon, pleaded guilty to a failure to keep a proper lookout and failure to proceed at a safe speed under The Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996, in connection with the grounding of his vessel Sully in Totland Bay, Isle of Wight in September 2022.

In addition to costs, Sullivan was sentenced to 18 weeks in prison suspended for 12 months, and must complete 150 hours of unpaid work.

Three passengers on board the motorboat sustained serious injuries when the vessel collided with rocks at the shoreline, with one of the crew suffering life-changing injuries.

Several witnesses reported that the brightly lit motor cruiser crossed Totland Bay at speed on the night of 24 September and would have been unlikely to maintain a proper lookout. The vessel continued without deviating or slowing down before grounding on the shore at high speed. The incident sparked an extensive search and rescue response, involving HM Coastguard, the RNLI and police.

The grounding caused serious damage to the vessel, which has proved impossible to salvage and remains marooned high and dry on the shore.

During the sentencing His Honour Judge Newton-Price said Sullivan operated his boat in an unsafe manner and as a result caused his passengers significant injuries. Consumption of alcohol affected Sullivan’s judgement, he added.

Mark Cam, Senior Investigator with the MCA’s Regulatory Compliance Investigations Team (RCIT), said:

This result demonstrates that the MCA will always take appropriate and necessary action when a complete lack of compliance and disregard for the laws of the sea are shown; it compromises not only safety but ultimately the lives of many.

Mr Sullivan’s vessel was wrecked and three of his friends seriously injured. We want to send a clear message that such offences are not acceptable and those unwilling to follow rules and regulation and improve standards of safety will face the full weight of the law.

2. Mother and son to pay more than £5,000 for obstructing work of MCA

2.1 Defendants

Rhys Wonnacott and Louise Wonnacott

2.2 Date of hearing

2 May 2024

2.3. Details

A man has been ordered to pay more than £2,000 for obstructing the work of the Maritime and Coastguard Agency (MCA).

A woman has also been fined £2,000 for failing to provide the MCA with requested documents.

On 3 March, 2022, Rhys Wonnacott, of Milford Haven, prevented MCA surveyors boarding the fishing vessel Provider, moored at Milford Haven Harbour. Because of this, surveyors were unable to complete an inspection of the vessel, as part of a Fishing Vessel Concentrated Inspection Campaign that was taking place that day.

Obstructing an MCA surveyor from their duties is against the law, under Section 258 of the Merchant Shipping Act 1995.

On 2 May at Haverford West Magistrates’ Court, Rhys Wonnacott was fined £800 and was ordered to pay a victim surcharge of £320 and costs of £1,000.

Following the incident in 2022 Louise Wonnacott, Rhys’ mother, of Milford Haven, repeatedly failed to provide the MCA with required documentation as part of an ongoing investigation, after claiming her and Rhys Wonnacott were not responsible for the fishing vessel Provider. She did not respond to the MCA for around 7 months – between March and October 2023.

Not supplying the required documents is an offence under Section 260 of the Merchant Shipping Act 1995.

At the same court hearing, Louise Wonnacott was fined £2,000 and was ordered to pay a victim surcharge of £800 and costs of £1,000.

The court heard that “the role of the MCA is extremely important and vital to the protection of fishers at sea, and requires the cooperation of all parties”.

It was also heard that Rhys Wonnacott wanted an apology to go to the MCA, particularly the surveyors involved in the incident.

Following the sentencings, Maritime Investigator Lesley Hopker said:

The MCA and its surveyors encourage and assist operators to maintain high quality vessels, and inspect ships where concerns have been identified, to ensure safety standards are upheld within the maritime industry.

Obstructing MCA staff prevents them from delivering its commitment for safer lives, safer ship and cleaner seas.

The result today reflects the importance of the MCA’s work, and the importance of working with the MCA to ensure you and your vessel are as safe and prepared as can be.

3. Day angling skipper fined for breaching Dover Strait shipping lane rules

3.1 Defendant

Simon Hughes

3.2 Date of hearing

12 June 2024

3.3 Details

The skipper and owner of a day angling vessel has been fined for travelling the wrong way along a shipping lane in the Dover Strait.

Simon Hughes, 64, of Marden in Kent, appeared at Maidstone Magistrates Court where he was ordered to pay a fine of £1,730; victim surcharge of £173; and prosecution costs of £25,000.

The case was brought by the Maritime and Coastguard Agency after Hughes’ vessel, Reel Fun 2, was observed by HM Coastguard’s Maritime Rescue Coordination Centre (MRCC) in Dover to be heading the wrong way along the south-west Traffic Separation Scheme (TSS) on several occasions on 14 September 2022.

The vessel’s actions prompted HM Coastguard officers at the MRCC to try to make contact by radio broadcasts, without response.

A rogue vessel warning was broadcast to shipping using the TSS. Contact was only made with Reel Fun 2 after the intervention of a Royal Navy ship.

The sentence on 12 June was handed down by District Judge Leake.

MCA Investigator Mark Flavell said:

Large ships may have difficulty in seeing small vessels using the TSS. Failing to comply with the rules may cause confusion on the bridge of large ships resulting in alteration of speed and course.

This can have a knock-on effect for other large ships creating an unnecessary hazard to shipping.

4. Sleeping skipper to pay £10k for causing vessel collision

4.1 Defendant

Maurice Reid

4.2 Date of hearing

24 June 2024

4.3 Details

The skipper of a fishing trawler has been ordered to pay £10,000 after falling asleep during his watch, causing the vessel to collide with another.

On 15 January 2022 Maurice Reid, aged 44, of Fraserburgh, was in charge of the fishing vessel Margaret Anne’s journey when he started to fall asleep.

Moments later the vessel collided with anchored fishing vessel Blackbird in the Shoreham area, off the south coast of Sussex, causing minor injuries to the two men onboard.

The crew on the Blackbird had been shouting and waving at the Margaret Anne in an attempt to stop the pending collision, before pulling on the anchor to ensure minor impact.

Unaffected by the hit, the Margaret Anne continued its journey.

It wasn’t until crew members of the Margaret Anne looked out the window it had dawned on them what had happened to the smaller vessel, only then realising their skipper was asleep.

Heard at Lewes Crown Court, Reid pleaded guilty to failing to do what was required as master to prevent his ship from causing serious damage to another ship or serious injury to another person, under Section 58 of the Merchant Shipping Act 1995.

Reid also pleaded guilty to failing to maintain a proper look out, under the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996.

Reid was sentenced to eight months imprisonment, suspended for 12 months.

He was also ordered to complete 100 hours of unpaid work and pay £10,000 in costs.

Following the sentencing MCA Investigator Martin Hayward said:

This was a dangerous situation caused by the master of the fishing vessel failing to adhere to the collision avoidance rules, which could have had disastrous consequences were it not for the quick thinking of those on the vessel in danger. The outcome could have been much worse.

The UK fishing industry has the highest proportion of deaths and serious injury per capita of any industry within the UK. Many events involving casualties on fishing vessels are a result of complacency, neglect and flagrant disregard for the law. This is unacceptable and those fishers and owners who put lives at risk will be prosecuted.

The MCA continues to work with the fishing industry to improve safety, and those not willing to engage, improve levels of compliance and operate safely will face the full weight of the law.

5. Company to pay £100k after unsafe vessel sinks causing death of two

5.1 Defendant

Laura D Fishing Ltd

5.2 Date of hearing

5 July 2024

5.3 Details

A fishing company must pay more than £100,000 after a highly modified vessel capsized, causing the deaths of two people onboard.

Laura D Fishing Ltd., a company operating fishing vessels from Brixham, has pleaded guilty to failing to take all reasonable steps to ensure that a vessel was operated in a safe manner, under Section 100(1) and100(3) of the Merchant Shipping Act 1995.

On 21 November, 2020, Robert Morley, Adam Harper and David Bickerstaff were onboard the Joanna C, five miles south of Shoreham, when the vessel’s gear snagged on the seabed. The vessel’s lack of stability meant it could not recover, causing the Joanna C to rapidly sink.

Out of the three crew members, only Mr Bickerstaff survived.

Prior to the incident, Joanna C, owned by Laura D Fishing, had undergone a major refit in 2019, including the addition of a whaleback, extension of the wheelhouse and fitting raised bulwarks. These, along with other modifications, affected the stability of the vessel.

Vessel modifications should only be carried out following consultation with, and approval of, the MCA, as outlined in Merchant Shipping Notice (MSN) 1871.

Heard at West Hampshire Magistrates Court today, 5 July, extensive changes made to Joanna C, not approved by the MCA, made it significantly non-compliant with the minimum standards of stability. The vessel continued commercial operations however, without considering the impact and risks of the modifications.

Laura D Fishing Ltd. was fined £36,000, and ordered to pay £69,284 in costs and a £190 surcharge.

The MCA is reminding vessel owners that their vessels must meet the required safety standards despite changes made, to avoid incidents like this happening.

Mark Cam, Senior Investigator with the MCA’s Regulatory Compliance Investigations Team (RCIT), said:

This is a tragic reminder that modifications to vessels should be planned and their effects on the vessel’s stability properly investigated using appropriate professionals.

Companies are responsible for providing a safe place of work for their employees, wherever that may be. The court has found that Laura D Fishing Ltd. did not take all reasonable steps to operate the Joanna C in a safe manner and this led to the deaths of Adam and Robert.

The Marine Accident Investigation Branch issued a Safety Flyer to the sector highlighting the causal factors and the safety lessons learned.