TWO French fishermen were found guilty yesterday of negligence, four years after their vessel rammed an Irish fishing boat resulting in the deaths of two of its crewmen.
The first mate of the French trawler, Agena, Mr Jean Pierre Chamoleau, was sentenced to one year and a crewman was sentenced to three months, both suspended for five years, for their part in the collision with the Orchidee on September 20th 1992, which resulted in the deaths of Mr Jimmy Power (27) of Coxtown, Dunmore East Co Waterford, and Mr Bobby Doran (19), of Bridgetown, also in Dunmore East.
The verdict was handed down after the one day trial in the Tribunale Maritime Commerciale bin the French city of Lorient. The sentences were suspended on condition that no further offences were committed.
The court heard that Mr Chamoleau abandoned his post for 10 minutes, leaving the vessel in the hands of an inexperienced crewman who did not even know how to steer the 100 foot steelhulled trawler. It crashed into the 60 foot wooden hulled Orchidee about 65 miles south west of Milford Haven.
Mr Chamoleau said he had left the wheelhouse to have a coffee and use the toilet. He thought the watch seaman knew his job.
The third crewman on the Orchidee, Mr Ken Pierce (27), described to the court what had happened. "I saw a huge black wall above me and then it was chaos," he said. The Irish vessel was stationary, waiting for dawn to begin prawn fishing when the Agena, travelling at 12 knots, hit it".
Mr Doran's father, Ger, said he felt "ambiguous" about the judgment. "On the one hand the gave us justice but it is really a case of what price is life?" Mr Doran Snr said the families were not looking for revenge but the charges should have been criminal negligence "and the sentence should have suited the offence".
It would not do anything for the two men who died but proper sanctions could prevent similar accidents. "There was no financial penalty either and they won't lose their ticket (licence)," he said from his home in Co Waterford. Asked if the families would seek compensation in the civil courts Mr Doran said they would "hold their fire" until the completion of the Department of the Marine's investigation.
Mr Power's widow, Mrs Travey Power, who was in court for the verdict, declined to comment on the sentence.
The Minister for the Marine, Mr Barrett, said he was glad the protracted French court case had come to a satisfactory conclusion. "Justice has now been served and responsibility for this appalling tragedy has been established. I am particularly pleased for the Power and Doran families whose anguish over their sad loss has been prolonged by this particularly lengthy legal process. I hope this decision will allow them to come to terms with their bereavement."
The Irish authorities had been involved in a sustained effort to have the case completed by the French authorities. Mr Barrett said that when the department's investigation was finished the report would be made available, "subject to normal legal considerations".
An official from the Irish Embassy and an assistant principal officer from the marine safety division of the Department attended the hearing as observers.
