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MATE SENTENCED ON VESSEL PASSENGER DEATH


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#1 Barry McCrindle

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Posted 26 February 2010 - 07:38 PM

From the MCGA website

Quote

The mate of the passenger vessel Hurlingham appeared in court today on the charge of manslaughter by gross negligence after a passenger fell between the vessel and the pier at Westminster Pier in 2008.

On the night of the 17th of August 2008, the Class V passenger vessel Hurlingham had been chartered for a party and was carrying 121 passengers on a party cruise on the River Thames.

Upon berthing at Westminster Pier after an the evenings cruise, as the passengers were disembarking from the vessel tragically a male passenger fell between the vessel and the pier.

The alarm was raised immediately to London Coastguard who dispatched search and rescue resources within minutes to the scene. Unfortunately, the man Jair Murillo disappeared under the surface of the water and his body was not located until five days later.

A subsequent investigation into this incident by the Metropolitan Police Service working closely with the Maritime and Coastguard Agency resulted in the skipper and the mate of the vessel being charged with manslaughter and a lesser charge under Section 58 of the Merchant Shipping Act 1995. The skipper was also charged with perverting the course of justice.

At a previous hearing the mate pleaded guilty to the charge of manslaughter. On the 18th February, after an eight day trial heard at the Central Criminal Court, London, the skipper was found not guilty on the charge of manslaughter and not guilty for section 58 MSA 1995.

On the charge of perverting the course of justice he was sentenced to 9 months suspended for 2 years and is to carry out 150 hours of unpaid work.

The mate appeared in court today and was sentenced to 15 months imprisonment, with half of his sentence to be served under licence.

In his summing up, the judge recognised that the victims mother had lost a son who had just graduated with a degree in Law from the University of Mexico, had earned himself a job in the Supreme Court of Mexico and was visiting England to better his English.

He also took account of the fact that, against advice, the mate had pleaded guilty to the charge of manslaughter.

Captain Rod Shaw, Nautical Surveyor, Maritime and Coastguard Agency said:

Passenger safety is the number one priority for all skippers and crews of every passenger vessel.

It is the responsibility of the personnel working a vessel to ensure that all passengers are safe embarking and disembarking and whilst they are on board.

This tragic incident highlights the necessity to ensure that the vessel is safely and properly secured to the berth.


Posted By: Fiona Warren

I always see both sides of the argument, the one that's wrong and mine.....

#2 Guest_Steve Ellwood_*

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Posted 26 February 2010 - 08:34 PM

Couldn't understand the logic of the Mate here- perhaps a matter of having a conscience and admitting his guilt unlike the Skipper who pleaded the other way and was found not guilty  :cheers:

#3 Bob.YTS Skipper

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Posted 26 February 2010 - 09:06 PM

You either know more about it than the piece there Steve or you are being very judgemental.

#4 Barry McCrindle

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Posted 26 February 2010 - 10:22 PM

The problem now is, every action needs to have someone to blame, the paper pushers want someone to hang out to dry, and that is normally the ships officers.
No one even mentions what condition this guy was in when he went between the ship and quay.
At the end of the day, I'm just a sodding glorified mechanic and the captain is a glorified taxi driver.  We make the choices and have to stand by our decisions right or wrong, and that split second judgement can land you neck deep in scheidt more than most murderers, rapist or any other proper crime you care to mention.
Something went wrong and the mate will have to live with it for the rest of his life, absolutely no need to stick him in jail.
The sooner this blame game comes to halt the better and let folk get back to concentrating on their jobs instead of worrying about what ifs.........
I always see both sides of the argument, the one that's wrong and mine.....

#5 Guest_Steve Ellwood_*

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Posted 27 February 2010 - 12:04 AM

Quote

You either know more about it than the piece there Steve or you are being very judgemental.

Hi Bob

Not at all - I was merely commenting from the perspective that both the Skipper and the Mate were on watch at the same time, yet one -pleads guilty and the other not guilty - I'm sure you know what I am driving at - joint responsibility (shrugs shoulders).

Regards

Steve E.

#6 Barry McCrindle

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Posted 27 February 2010 - 12:39 AM

Here's a bit more on it

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Ryan Sandall, 25, failed to supervise passengers as they stepped off the ship after a pirate-themed fancy dress party.
Jay Murillo, 32, a law graduate fell through a gap between the boat and Westminster Pier and never resurfaced. His body was washed up five days later.

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Sandall, who was second in command that night, pleaded guilty to gross negligence manslaughter before trial.
His captain William Britton, 61, was cleared of the charge at the Old Bailey last month after blaming his Mate for the safety failures.
Judge Paul Worsley QC told Sandall: "Nothing can restore to the family of Jay Murillo their son. He had his life ahead of him.
"He has lost his life as a result of wholly unavoidable negligence on your part.
"You are highly qualified and you knew as well as anyone that risk cannot be taken on the water with members of the public, particularly at that crucial time when they are disembarking.
"You left the gate open and unattended. That was unforgivable. Mr Murillo died as a result entirely of your negligence.
"You are a good man, but the word must go out from this court that those who cause the death of another member of the public by gross negligence must serve a sentence of imprisonment."
Mr Murillo was born in Mexico and qualified as a lawyer before travelling to the UK to learn English while working at the Leon Restaurant in Ludgate Circus, central London.
He was one of 120 guests at the company's summer party on the floating bar on the evening of Sunday, August 17, 2008.
At 11.15pm the boat returned to Westminster Pier and passenger began to disembark.
The exit gate was left unsupervised as Sandall went to turn off the engine.
Passengers began to disembark but a gap of up to three feet began to open up between the boat and the pier.
Mr Murillo, who was three-and-a-half times over the legal alcohol limit for driving, appeared not to notice and stepped off the boat.
Sandall, who was also a qualified skipper, used only one rope to tie the boat to the pier instead of the recommended three.
When police arrived at the scene, Britton said he was standing at the gate but was 'momentarily distracted' at the time Mr Murillo fell from the boat .
But CCTV footage of the scene revealed that he was nowhere to be seen and it later emerged he was in the bar counting up the takings.
Britton was cleared of both manslaughter and engaging in conduct likely to cause death or serious injury to another contrary to the Merchant Shipping Act 1995.
He pleaded guilty to perverting the course of justice for lying to police and was sentenced to 9 months imprisonment suspended for two years.
Sandall, of The Lady Thursday, Galleon's Point Marina, Victoria Dock, east London, will serve half of his 15 month sentence before being released.
An impact statement from the mother of Mr Murillo, Adriana Murillo Avila, was also read to the court.
In it she said: 'He was an outgoing and social person. He decided to come to England to learn English, he was excited about the trip.
"The family knew he was having a lovely time and we all missed him. The news of his death left us as a family devastated and confused."

I always see both sides of the argument, the one that's wrong and mine.....



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