News / Leaving the wheelhouse proved fatal
A SHETLAND fisherman died in January last year because he did not adhere to his own safe working practices, a sheriff has ruled.
Following last week’s fatal accident inquiry into the death of Cunningsburgh fisherman Neil Smith, Sheriff Philip Mann said he died because he left the wheelhouse of the Breadwinner while shooting creels, 5.5 miles east of Bressay during the morning of 20 January 2011.
The fifty four year old became entangled in a leader rope, was dragged over board and drowned, the sheriff said in his seven page determination published on Thursday.
The one day inquiry at Lerwick Sheriff Court on 16 April heard from four witnesses.
“I determine that if Mr Smith had exercised, or had been able to exercise, the reasonable precaution of remaining in the wheelhouse of the vessel during the shooting of the creels from the vessel the accident which resulted in his being dragged into the sea and being drowned would not have occurred,” the sheriff said.
He continued that no one will ever know for certain why Mr Smith, an experienced fishermen held in high regard in the local community, had put himself in danger by leaving the safety of the wheelhouse.
The inquiry explored two possible explanations: that the gear had become fouled; and that the fisherman had become unwell and had tried to get some fresh air.
Pathologist Dr James Grieve told the inquiry he could not rule out the possibility of heart failure.
Sheriff Mann said: “I prefer to think on the evidence that this latter is the more likely explanation, but as it is not necessary for me to do so in order to make the formal determinations required by the 1976 Act I express no concluded view on the matter.”
He added: “I have come to the conclusion on the evidence that the only reasonable precaution which might have prevented the accident and the death of Mr Smith would have been for him to have remained in the wheelhouse until all the creels, fouled or otherwise, had been shot from the vessel.”
A personal floating device, a personal locator beacon and a remote engine cut-out device would only have been of any use if Mr Smith had been able to use a knife to cut the rope, the sheriff determined.
“The evidence was that the period of time between Mr Smith becoming entangled in the rope and his landing in the sea would have been about three seconds.
“Even if he had had a knife on his person, which appears not to be the case, and again on the evidence, it is highly improbable that Mr Smith would have been able to evaluate the situation and gain the presence of mind to use the knife to free himself before entering the sea.”
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