Solway Harvester Trial Collapses

[The Old Git]

http://news.bbc.co.uk/1/hi/scotland/4559393.stm

[The Old Git]

Also http://news.scotsman.com/latest.cfm?id=4572096

 

Seems like neither Manx Radio of IOM Newspapers have it on their sites yet

[Ripsaw]

I don't understand the 'no case to answer' comment, but I think specualtion should be avoided until more details about the judgement (namely, why?) become available.

[Bill Posters]

Hang on, there are very few places that would go to the expense of firstly recovering the boat, secondly investigating what happened, and thirdly setting up a prosecution.

 

Let's keep some perspective.

[The Old Git]

Agreed. UK policy seems to be leave the boat and the bodies where they are 'cos it costs a lot to recover them and then have some investigation without any physical evidence

[WilDDog]

Once again the Isle of Man hits the headlines for the wrong reasons!

<{POST_SNAPBACK}>

 

I don't know why you think it's for the wrong reasons.

I totally agree with Bill Posters

 

Let's keep some perspective.

[Ripsaw]

The BBC Link has been updated with reaction and more information about the judgement.

[Addie]

Hang on, there are very few places that would go to the expense of firstly recovering the boat, secondly investigating what happened, and thirdly setting up a prosecution.

 

Let's keep some perspective.

<{POST_SNAPBACK}>

I totally agree with Bill.

 

I remember when they retrieved all the men. It made so many people cry. I even telephone Donald Gelling and said Well Done!

 

The effort showed the very best of the island as it offered all it could to grant the wishes of the families of the lost men.

 

For a long time now we've had the deeply depressing sight of the vessel sitting in the harbour awaiting the outcome of this trial. The results may not be what everyone hoped for, but surely shame cannot be thrown at the island for that.

 

Maybe everything, including the Solway Harvester can be put to rest now?

[sideways]

Now that it`s over what should happen to the Solway Harvester ?

 

i have my view but will wait and see what others think before posting .

[Bill Posters]

R.I.P.

 

SOLWAY HARVESTER CREW

Skipper Andrew Mills, 29, known as Craig

Robin Mills, 33, Craig's brother

David Mills, 17, Craig's cousin

Martin Milligan, 26

John Murphy, 22

David Lyons, 18

Wesley Jolly, 17

 

 

My thoughts are with their families, who have not got the resolution they sought

 

 

 

Acting Deemster Andrew Moran QC ruled there was no case to answer after five weeks of prosecution evidence.

 

Explaining his reasons, he criticised several aspects of the prosecution case.

 

"The evidence put before the jury is insufficient to establish that there was any lack of care, particularly regarding what was the common and accepted practice of the vessels at the time," he said.

 

"I have decided as a matter of law I have a duty to stop this case from proceeding any further and I must direct the jury to return verdicts of not guilty."

 

Under the circumstances, sadly, I don't see that there was any other option.

 

 

As to the vessel, herself, subject to the families wishes, I think she should be taken back out there and re-sunk. Hopefully marked as a 'grave' on subsequent maps.

[The Old Git]

Further updates to Scotsman site

 

http://news.scotsman.com/latest.cfm?id=4572380

 

http://news.scotsman.com/latest.cfm?id=4572153

[Dave the Cardboard Box]

It was always the most likely outcome. The prosecution had to prove gross negligence of the owner.

 

All Mr. Gidney had to do was say that the skipper was experienced and it was his responsibility to keep the vessel in good order, which is what has happened.

 

Had it proceeded, it was always likely that the jury would have been swayed that way.

 

But it was a prosecution which had to be taken as far as possible and there should be nothing but pride that the Isle of Man achieved as much as they did in not only recovering the crew and the vessel, but in mounting a sturdy and justified prosecution.

[Speckled Frost]

I think that many lessons will have been learnt by the the fishing industry from the whole process so I doubt it's all been in vain.

 

A FAI could still be carried out if the family really want closure on this.

[Ripsaw]

I wondered if the charge was too strong.

 

As owner he must carry some responsibilty for the seaworthiness of the craft just as any business owner has responsibilities.

 

The families wanted 'Closure', I feel that they have been let down.

[Tempus Fugit]

Manx radio did break into this afternopn's programming with a 'breaking news' report before they had time to do anything on the website.