The skipper of the Pisces, which sank three years ago with the loss of five lives, has been found not guilty on all five counts of manslaughter. However, he was found guilty on a lesser charge of running an unsafe vessel.
The jury of seven men and five women took three hours to find Patrick Barden (66), Ralph, Fethard-on-Sea, Co Wexford, guilty of owning and operating a dangerously unsafe ship contrary to section 4 of the Merchant Shipping Act 1981. He was fined €1,000.
Mr Barden sat in a shocked state in Wexford Circuit Criminal Court as his family, who had surrounded him throughout the trial, broke down when the jury returned its not-guilty verdict on all five manslaughter charges.
The charges had alleged the unlawful killings of James Cooney, Séamus Doyle, Mark Doyle, John Cullen and Martin Roche on July 28th, 2002, about a mile from Fethard quay. The jury also returned a not-guilty verdict on the charge of endangerment.
Judge Pat McCartan, in imposing the fine, told Mr Barden that the five people who lost their lives did so by reason of the condition of the boat and the absence of life-saving equipment, but the jury had returned its verdict.
He said the legislator, in his wisdom, had laid down a single monetary penalty which had not been changed since.
"Not even I have the powers to order the destruction or confiscation of the boat. However, Mr Barden, through his counsel, indicated that he does not intend to use the boat or go to sea again, and as such the boat can be destroyed, which is an important gesture to the families of those who lost their lives, not that anyone would want to board such a vessel in the future."
Judge McCartan said Mr Barden had no previous convictions, was of good character and of good health, but that the case had deeply affected him.
He told the defendant: "Justice has been seen to be done and the jury has arrived at its verdict and you are not going to jail. But you will continue to carry the horror of this tragedy for the remainder of your life."
Summing up earlier, Paul O'Higgins SC, prosecuting, told the jury that the incident was a tragedy for the families of those who died, and also a tragedy for Mr Barden.
He said that Mr Barden did not come before the court for a crime of significant violence or a crime of particular nastiness. On all the evidence, he was not a bad man of ill-will towards his fellow citizens, and the prosecution was not making that case.
"But there are still five people dead as a result of his actions for which he is grossly culpable," Mr O'Higgins said.
Four other people were endangered but they survived, "but he engaged a substantial risk of death or serious injury by taking to sea in a ship that was unseaworthy and had no life-saving equipment."
In his evidence, Mr Barden had told the court that he had been working sporadically on the sea since 1955, having joined the merchant navy, and retiring in 1982.
He bought the Pisces from Robert Chapman in 2002. Mr Chapman had it for three years and he had seen it almost every day coming in and out of the harbour. "To me it seemed a good, honest, safe boat, that came in with pretty big loads of fish, with it having 43 boxes on one occasion."
Mr Barden agreed with Mr O'Higgins SC that had Mr Chapman not found a buyer, he was going to take out the engine and scrap it, which suggested it was unseaworthy.
In a statement read out by his solicitor after the verdict, Mr Barden said his thoughts were with the families of those who had died. He said the Pisces would be destroyed, in accordance with their wishes.