No fine can compensate for fish farm death - partner

  • Published
Clive HendryImage source, Hendry family
Image caption,

Clive Hendry had worked for Mowi Scotland for 12 years

The partner of a man killed in a fish farm accident said a pound sign could not be put on a life after his employer was fined more than £800,000.

Clive Hendry, 58, was crushed as he tried to move from a moving work boat to a salmon feed barge near Kyle of Lochalsh in February 2020.

His partner Catriona Lockhart walked out of court as Mowi Scotland's lawyers gave their submissions.

She has called for a fatal accident inquiry to be held into his death.

Mowi said it was "devastated" by Mr Hendry's death and acknowledged the court's ruling.

The assistant manager died after stepping through an open gate on the boat to a ladder on the barge in a practice known as a touch and go transfer.

He was struck by the boat and ended up in the water.

Mowi Scotland was fined at Inverness Sheriff Court on Tuesday after admitting to health and safety breaches.

Outside court, Ms Lockhart, Mr Hendry's partner of 28 years, said: "I am just devastated to have to relive it again and just sit and hear all the failings again.

"The fine was never ever relevant - there is never a decent fine. There are no winners here, just losers.

"Myself and Clive's family and friends are heartbroken about the loss of him. You can never put a pound sign on anybody's life."

Image caption,

Catriona Lockhart said she will continue to campaign on safety improvements

Ms Lockhart, who is also pursuing a civil case, said she would continue to campaign for improved safety on fish farms.

The court heard Mowi Scotland had failed to provide risk assessments, maintain a system of work and failed to provide supervision.

The company said the practices involved in the accident on Loch Alsh on 18 February 2020 were no longer used.

During the transfer, Mr Hendry had managed to reach the ladder on the floating salmon feed structure, Sea Cap, from the moving boat called Beinn na Cailleach.

But he was severely injured when he was struck by the boat.

Image source, Catriona Lockhart
Image caption,

Ms Lockhart said Mr Hendry's death had been devastating for his family and friends

A technician on Sea Cap grabbed Mr Hendry's lifejacket to try and stop him from falling into the loch, but Mr Hendry slipped out of the jacket and into the water.

He was submerged for about 20 seconds before being rescued. Despite the efforts of colleagues, emergency services and medical staff, Mr Hendry could not be resuscitated.

Speaking after the sentencing, Debbie Carroll, of the Crown Office and Procurator Fiscal Service, said Mowi Scotland had pled guilty to contraventions of health and safety at work law.

She said: "Clive Hendry was much loved by his partner and a well-liked and respected man by friends and colleagues. Our thoughts are with them at this difficult time."

Image source, Marine Traffic
Image caption,

Clive Hendry died after stepping off the work boat Beinn Na Caillich to a ladder on a barge

Ms Carroll added: "Since this incident the company has introduced new risk assessments and has put into practice safe systems of work.

"Had these been in place at the time then Mr Hendry's transfer from the Beinn na Cailleach to the Sea Cap would have taken place without incident and he would be alive today."

A Marine Accident Investigation Branch investigation found Mowi Scotland did not have an effective marine safety management system in place.

Investigators made a series of safety recommendations.

Bergen-headquartered Mowi is Norway's largest salmon farming company and has sites across the world.

A company spokesman said: "We continue to be devastated by the death of our colleague and friend, Clive Hendry, and our thoughts are with Clive's family.

"Immediately following the fatality, our company implemented the recommendations of the Marine Accident Investigation Branch. We acknowledge the court's ruling."