Captain not guilty of sailors' deaths
A maritime union has condemned the decision to prosecute a ship's captain who has been cleared of causing the deaths of three crewmen.
Nautilus UK issued the statement shortly after Donald Fryer, 66, of Holm Garth Drive, east Hull, was cleared at Sheffield Crown Court after a two-week trial.
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Donald Fryer
He had faced two charges of conduct endangering ships, structures or individuals under the Merchant Shipping Act 1995, which a jury took less than six hours to clear him of.
His trial was brought after three crew members – coxswains Finlay MacFadyen, 48, and Robert O'Brien, 59, and boatman Robert Ebertowski, 40 – died after they collapsed in an oxygen-starved chain locker aboard the North Sea rescue support ship Viking Islay.
The tragedy happened in September 2007.
Following Mr Fryer's acquittal, Brian Orrell, general secretary of Nautilus UK, said: "Our deepest sympathies go to the families of those who died in this tragic incident. However, the case should never have gone to court and it is yet another alarming case of criminalisation of the maritime profession.
"Don Fryer is an honourable and committed seafarer, with more than 50 years of maritime experience, including more than seven years commanding a vessel whose sole purpose was to save lives.
"That he stood indicted not for an action that he did, but for the actions of others, is appalling."
The court heard evidence during the trial that Mr Ebertowski first entered the locker and collapsed.
Mr O'Brien and Mr MacFadyen both tried to save him, but died in the attempt.
But Mr Fryer told the jury how he gave specific instructions to Mr MacFadyen for the men to see him before attempting to go into the locker, which was sealed with bolts.
Patrick Harrington QC, defending, told the jury his client could not have foreseen they would have started the job without consulting him.
Mr Fryer's solicitor read a statement after the verdict, which said: "Don is very relieved it is finally over after 18 months.
"Obviously, he believes the jury has reached the right verdict.
"However, the fact remains that he has lost three of his shipmates and friends.
"His deepest sympathies are with the wives and families of all three men."
Speaking after the verdict, Detective Inspector Paul Condon said: "The deaths of Robert O'Brien, Robert Ebertowski and Finlay MacFadyen on board the MV Viking Islay were an avoidable tragedy.
"Working in any form of confined space carries significant risks and it is for this reason that there are strict guidelines to be followed before entering such a space.
"Because of the failure to follow the guidelines, three men died unnecessarily. My thoughts are with the families of Robert O'Brien, Robert Ebertowski and Finlay MacFadyen at this time."
2 Comments
by sue, Hull
Friday, May 08 2009, 7:42PM
“I thought it was perverting the course of justice and perjury to alter your story in court”
by T McKain, Fife
Friday, May 08 2009, 6:33PM
“What this article fails to say is that his evidence in the stand was different to the evidence given to the police, that speaks volumes, as a result the CPS are not funding his legal team, I am sure your readers will come to their own conclusions regarding his change of story, how he can blame 3 men who are no longer here to defend themselves is the lowest of the low, he was the captain on that ship and had a responsibility to his men, had certain procedures been followed by Mr Fryer then I wouldn't have lost my dad, no one is saying he would have wanted this to happen but to say I am disappointed in his decision to blame the men would be a massive understatement.
If the story that had come out in the stand had been given in the first place we wouldn't have went through 18 months of added pain and anguish, and Mr Fryer wouldn't have been charged in the first place, the families involved wouldn't have been put through what we have went through this past 2 weeks and the inquest would have been over last year, death certificates would have been issued and deaths would have been registered, but no, Mr Fryer chose to put us all through that. For him it may be over but for the families involved it never will be.”