An official investigation into the loss of two Irish fishermen's lives in a collision off the Welsh coast has found that both vessels involved were at fault.
The investigator's report into the sinking of the Irish-registered Orchidee when it was struck by the French-registered Age, a in September 1992 says that neither vessel complied with international regulations on prevention of collisions at sea.
Two of the three crew on the 56foot wooden-hulled Orchidee - skipper James Power of Dunmore East, Co Wa4erford, and Robert Doran of Bridgetown, Co Wexford - died in the incident. Two French crewmen on the 90-foot steel-hulled Agena were found guilty of negligence in a French court two years ago and received suspended prison sentences of one year and three months respectively.
Released with legal vetting almost seven years after the incident, the report notes that if both vessels had complied with the International Convention Regulations for Prevention of Collisions at Sea (known as Colregs), the accident would probably not have occurred. Both Ireland and France are signatories to Colregs.
The accident occurred during difficult weather conditions but good visibility on September 22nd, 1992, in the area known as "the Smalls" off the Welsh coast. The Orchidee was "lying to" after a day's fishing when it was struck almost head on by the French vessel, the Agena, and sank within minutes. Two of the three crew were drowned. The survivor, Mr Kenneth Pierce of Bridgetown, Co Wexford, was picked up by the Agena, which continued searching in the area along with other vessels. Mr Pierce gave full assistance to the investigation.
The report notes that both vessels were apparently well equipped with navigational equipment in good working order, and the bridge/wheelhouse of each vessel was manned. Each apparently saw the other before the collision but took no action to prevent it.
The watch on the Agena was being shared by the mate, Jean-Pierre Chamouleau, and seaman Joel Rebours, while the vessel was on auto-pilot to new fishing grounds. Shortly before the collision, Mr Chamouleau had left the bridge without giving any explanation to Mr Rebours or providing him with any instructions as to what to do in his absence.
When Mr Rebours spotted the green and white lights of a fishing vessel to port, it was too late to warn the captain or mate, and he did not know how to transfer from auto-pilot to manual steering.
According to Mr Pierce, the Orchidee was displaying two red "not under command" lights at the time of the collision, but he had not physically checked that this was the case. Several of the French witnesses said the vessel was displaying white and green fishing lights and sidelights. The French vessel might have assumed it was, therefore, under way. The investigator notes that the "not under command" lights would have been inappropriate for the Irish vessel in the circumstances. The investigator also notes other differences between the Irish and French testimonies. Four of the French witnesses from the Agena assert that the survivor, Mr Pierce, told them through an interpreter that he was sleeping in his bunk at the time of the collision. Mr Pierce, in his statement, asserts that he was in the wheelhouse.
A judicial investigation was held into the collision by a French judge at the Lorient Maritime and Commercial Court on September 27th, 1996. The officer of the watch, Mr Chamouleau, was given a suspended sentence of one year's imprisonment, and the watchkeeping rating, Mr Rebours, was given a three-month sentence, also suspended, for committing acts of negligence leading to the loss of two lives and sinking of the Irish vessel.
The investigator has recommended reissuing a marine notice to ensure that the Colregs standards are adhered to: that all ratings be given adequate training before going to sea; that all fishing vessels undertaking overnight voyages have at least two qualified watchkeeping officers on board; that a clear set of guidance instructions be given to all persons left in sole charge of a bridge; that emergency drills be carried out once a week; and that a marine notice should also be reissued pointing out the correct use of "not under command" lights.
The Minister for the Marine and Natural Resources, Dr Woods, expressed sincere sympathy yesterday to the families of the men who died and said that the investigation could not be completed until the full judicial investigation in France had been finished and its findings made available to the Department's marine surveyors.
