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James Leonard KC, leading Oliver Powell, secure conviction on behalf of the MCA 

James Leonard KC, leading Oliver Powell, secure conviction on behalf of the MCA 

James Leonard KC and Oliver Powell, instructed by Simon Belfield of DWF, appeared on behalf of the Maritime & Coastguard Agency (‘MCA’), at Southampton Crown Court.

After a 4 ½ week trial, a jury unanimously convicted Intrada Ships Management Ltd of failing to take all reasonable steps to secure that a ship was operated in a safe manner.

Background

On 13 December 2021, at about 3.25am UK time, the Scot Carrier, a UK registered general cargo vessel, and the Karin Høj, a Danish registered barge, were in the Baltic Sea just off the South coast of Sweden. They had just reached the southerly end of the Bornholm Traffic Separation Scheme (‘TSS’) and were both heading in the same south-westerly direction.

The Scot Carrier had just passed the Karin Høj. On arriving at the southerly end of the TSS, the Scott Carrier turned 50° to starboard to head towards its next waypoint so as to travel up through a channel between Denmark and Sweden to the North Sea and onward to Scotland. The Karin Høj maintained her speed and course as she was heading for port on all but the same course to the southwest. In consequence of this manoeuvre, the Scot Carrier’s bow struck the Karin Høj amidships on the port side, causing the Karin Høj to roll and immediately capsize.

The two crew members of the Karin Høj, the Master Erik Jensen and the mate Per Hartmann Christensen, were both were killed as a result of the collision.

Conviction in Denmark

Mr Mark Wilkinson was the Second Officer (‘2/O’) on board the Scot Carrier and the Officer of the Watch at the time of the collision. Immediately following the incident, the Swedish Coastguard boarded the Scot Carrier and found that 2/O Wilkinson, was significantly above the legal alcohol limit. He was arrested and remanded in custody in Malmö, Sweden. Subsequent inquiries found that the navigation alarms had been disabled at the point of collision, and Mr Wilkinson had failed to keep a proper look out, only noticing the Karin Høj in the moments before the collision.

Mr Wilkinson was subsequently extradited to Denmark for criminal prosecution. On 16 June 2022, he pleaded guilty before the Danish courts to gross negligence manslaughter and failing to render assistance to those in peril at sea.

Convictions in the UK

On 17 July 2023, Captain Sam Farrow pleaded guilty to failing to operate a ship in accordance with the safety management system on the basis of which the Safety Management Certificate was issued, contrary to regulations 7 and 15(2) of the Merchant Shipping (International Safety Management (ISM) Code) Regulations 2014.

On 10 December 2024, Intrada Ships Management Ltd was convicted of failing to take all reasonable steps to secure that a ship was operated in a safe manner, contrary to section 100(1) & 100(3) of the Merchant Shipping Act 1995.

Find out more

James Leonard KC specialises in Health, Safety & Environmental Law. He is ranked in the Chambers & Partners (Star Individual) and Legal 500 (Tier 1) for Health & Safety. His Health & Safety work invariably include fatalities in the work place, allegations of gross negligence manslaughter and offences under the Corporate Manslaughter and Corporate Homicide Act 2007. He represents nationally known companies (including Comet Group PLC, Sainsbury Group, Dyfed Steels Ltd, RWE Npower PLC, Western Power Distribution PLC, Virgin Media Group, BOC (UK) Ltd, BFK Joint Venture on the Crossrail project, Babcock DSG Ltd, Barratt Developments PLC, Toppesfield Ltd, ConocoPhilips (U.K.) Ltd, British Airways PLC, British Car Auctions British Airways PLC, British Car Auctions Ltd and British Land PLC) as well as smaller limited companies and their directors.

Oliver Powell’s practice includes Health, Safety & Environment and Marine & Fisheries. Oliver is ranked for Health & Safety in the Legal 500 (Tier 1) and Chambers & Partners. He acts for companies and company officers in prosecutions brought by the CPS, EA, HSE, MCA, MMO and local authorities. In addition to prosecutions and regulatory investigations, Oliver is frequently instructed in coronial inquests and inquiries. Recent clients include: Assent Building Control Ltd, Bombardier, Evergreen Marine UK Ltd, K Line, Red Funnel, Skyjack, Waterdance Ltd and WSP (UK) Ltd.

To instruct James or Oliver, or find out more, contact Andy Hunter on +44 (0)20 7427 4905 for a confidential discussion.

News 13 Dec, 2024

Authors

James Leonard KC

Call: 1989 Silk: 2023

Oliver Powell

Call: 2006 (England & Wales); 2010 (Eastern Caribbean Supreme Court (BVI))

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