Ferry crew member not guilty of killing fishermen

Lewis Carr (left) and Artur Sevash-Zade (right) had been on trial at Jersey's Royal Court

A jury has acquitted a ferry worker of manslaughter and been unable to reach a verdict for his crew mate on the same charge over the death of three fishermen.

Artur Sevash-Zade and Lewis Carr stood trial at Jersey's Royal Court accused of three charges of gross negligence manslaughter after Condor's Commodore Goodwill collided with trawler L'Ecume II in December 2022, killing Michael Michieli, Larry Simyunn and Jervis Baligat.

Jurors could not reach a verdict on the charges against Carr, 30, but found him guilty of a breach of Jersey's shipping law.

Mr Sevash-Zade, 35, was found not guilty of gross negligence manslaughter and the jury could not reach a verdict on the shipping law charge.

L'Ecume II crew members Michael Michieli, Jervis Baligat and Larry Simyunn died after a collision involving their boat and Condor's Commodore Goodwill

Carr is due to be sentenced on 4 December for the charge of breaching Jersey's shipping law relating to a failure to discharge his duty in a manner likely to cause "loss destruction, death or injury".

He faces a maximum of two years in prison.

The fishing trawler had set off from Victoria Pier in St Helier, Jersey, on the morning of 8 December 2022 with three crew on board.

The Commodore Goodwill freight vessel was carrying cargo from Guernsey to Jersey, when it collided with L'Ecume II at 05:35 GMT.

The bodies of Mr Simyunn and Mr Baligat were found near the site a few days later.

Mr Michieli's body was found with the wreckage when it was located in April 2023.

During the trial, crown prosecutor Matthew Maletroit told the jury "safety was not treated as the paramount consideration" and the two defendants had ignored flashing collision warnings on the radars 10 minutes before the crash.

He said instead of acting, the men had instead busied themselves with pre-arrival tasks and paperwork in the lead up to the crash.

He said the collision was "not a freak accident, it was purely the consequence of human error and negligence".

Lewis Carr is due to be sentenced on 4 December

Advocate Simon Thomas, defending Carr, said the CCTV footage analysed found only one fishing light had been on, with the defence suggesting the crew may not have realised or checked to see if a bulb had blown.

Mr Thomas said Carr had carried out all of the duties expected of him by his employer and acted by the rules.

The defence said it was "not the case in which Lewis Carr did nothing" and that he had taken "positive steps" to monitor L'Ecume II.

Artur Sevash-Zade, pictured in a black shirt, was on duty as the Commodore Goodwill's lookout when the crash happened

Mr Sevash-Zade's defence said the lookout was subordinate and he had carried out his duties "entirely properly" - including taking instruction from his second officer Carr.

Advocate Mike Preston said Mr Sevash-Zade was "little more than an afterthought" and he was "one of those resources to be deployed by Carr" to keep a watch, alongside the radars, and was onboard to assist and do what he was told.

The prosecution said Mr Sevash-Zade was an experienced seaman whose qualifications surpassed what was required for a lookout.

Speaking outside court, Jersey Police's senior investigating officer Andy Shearwood said the case had been "one of the most complex investigations" undertaken in the island.

He added the families had suffered "an immeasurable loss" and had shown "extraordinary dignity throughout" the process.

"While the verdicts cannot undo the devastating events of that morning, we hope the conclusion of proceedings provide some measure of closure for the families and for our wider communities," he said.