Clyde tugboat deaths: Charges to be brought

TWO companies are to face charges over the sinking of a tug, which claimed the lives of three crew members, prosecutors confirmed yesterday.
From left: Eric Blackley, Stephen Humphreys and Robert Cameron. Picture: PAFrom left: Eric Blackley, Stephen Humphreys and Robert Cameron. Picture: PA
From left: Eric Blackley, Stephen Humphreys and Robert Cameron. Picture: PA

The Flying Phantom capsized and sank in thick fog on the Clyde in December 2007. Skipper Stephen Humphreys, 33, from Greenock, Robert Cameron, 65, from Houston, and Eric Blackley, 57, from Gourock, all died.

Clydeport, which operates the west coast’s main ports, and Svitzer, the Danish firm that owned the tug, were criticised in an inquiry that found major safety shortcomings.

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Now, both firms are to face charges under the Health and Safety at Work Act, the Crown Office said.

Police search for Stephen Humphreys in 2007. Picture: PAPolice search for Stephen Humphreys in 2007. Picture: PA
Police search for Stephen Humphreys in 2007. Picture: PA

The tug was towing the 39,738 tonne carrier Red Jasmine along the Clyde opposite Clydebank College in West Dunbartonshire when it sank in fog on the evening of 19 December.

A fourth crewman of the Greenock-based boat, Brian Atchison, from Coldingham, then 37, escaped from the wheelhouse and was rescued. The tug was raised in a salvage operation in January 2008.

A Marine Accident Investigation Branch report, published in 2008, found that the 40 metre vessel had been pulled over by its own towrope, and criticised a failure to define operational limits or procedures for tug operators when towing in restricted visibility.

It also highlighted the fact the tug’s watertight engine room door was left open and stated the risk assessment carried out by Clydeport was poor.

In its statement, the Crown Office and Procurator Fiscal Service said: “Crown counsel have instructed that two companies be indicted for trial in the High Court. Clydeport Operations Ltd and Svitzer Marine Ltd are to face charges under the Health and Safety at Work Act.

“The families of the three crew who lost their lives have been updated.”

Relatives of those who lost their lives in the tragedy have previously called for a fatal accident inquiry to be held.

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Last December, Helen Humphreys, the widow of Mr Humphreys, said: “My own experience of the current system of investigation of workplace fatalities since the death of Stephen has allowed me to see first hand the deficiencies in the process.

“In particular, I have experienced frustration at the length of time taken with no resolution in sight and I have been left feeling a lot of anger at the lack of respect for Stephen’s life and the feelings of his family.”

SNP West of Scotland MSP Stuart McMillan welcomed the latest development.

He said: “This announcement will hopefully be the start of a healing process for those families who have waited so long for answers, but there is still some way to go.”

A spokesman for Svitzer said the company had co-operated fully with investigations, adding: “Svitzer lost three of its much-valued seafarers that day. Our thoughts then and now, , remain with the family members of those lost.”

A spokesman for Clydeport made no comment.

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