The skipper and owner of a trawler which sank off the Co Wexford coast in the summer of 2002 claiming the lives of five people, three of whom were from the one family, was charged with their manslaughter at New Ross District Court yesterday.
The Pisces, a 26-foot open-deck boat with 10 people on board, sank almost a mile from Fethard-on-Sea harbour in foggy conditions on the morning of July 28th. Five people on board, including the defendant, survived.
Mr Patrick Barden (65), Fethard-on-Sea, New Ross, Co Wexford, appeared before New Ross District Court on five counts of unlawfully killing Mr Martin Roche, Mr John Cullen, Mr Séamus Doyle, his son Mark Doyle, and his father-in-law, Mr James Cooney, in Irish territorial waters approximately one mile from Fethard Quay, Ramstown, New Ross, contrary to common law, on July 28th, 2002.
Mr Barden, a married man with a grown-up family, was also charged with intentionally reckless conduct of putting to sea a vessel which was unseaworthy, overloaded and unstable, which created a substantial risk of death or serious hardship to another, contrary to the Non Fatal Offences Against the Persons Act 1997. He was further charged with not carrying a suitable personal flotation device for every person on board and of putting an unsafe vessel to sea contrary to the Merchant Shipping Act 1992 and 1981. All of those on board the trawler were from the New Ross and Enniscorthy areas.
Garda Sgt Bart Slattery, of Duncannon Garda station, gave evidence of arrest, charge and caution of Mr Barden at his home at 8.20 a.m. yesterday.
Sgt Slattery said that to all the counts, the defendant replied: "No reply to each of the charges."
Supt Tom Saunderson informed the court that the Director of Public Prosecutions had recommended that Mr Barden be sent forward for trial under the Criminal Procedure Act 1967.
Supt Saunderson requested that the case be adjourned for a month to allow for the book of evidence to be prepared, adding that he had no objection to bail being granted on the provision that Mr Barden's passport be surrendered.
Mr Martin Lawlor, defending, said his client's passport had expired four years ago and he did not have a problem with handing it up.
Mr Lawlor applied for free legal aid and asked that a separate certificate be issued for three of the manslaughter charges due to their complex nature.
Mr Barden did not speak during the short hearing.
Mr Charles O'Leary, of O'Leary International Transport, which employs 30 drivers, told the court that he was prepared to act as independent surety if Mr Barden was granted bail.
Judge Donnchadh Ó Buachalla remanded Mr Barden on continuing bail in his own bond of €500 and independent surety of €15,000. He also granted free legal aid. The defendant was remanded on bail to reappear before New Ross District Court on June 8th.