Page last updated at 15:28 GMT, Tuesday, 24 June 2008 16:28 UK

Solway life rafts 'not serviced'

Richard Gidney
On the second day in court, Mr Gidney accused the QC of 'twisting the truth'

An inquiry into how a fishing boat sank with the loss of seven lives has been told its life rafts had not been serviced for years before the tragedy.

The Solway Harvester's crew died when it sank off the Isle of Man in 2000.

Kirkcudbright Sheriff Court heard the boat's life rafts were last serviced in 1996, despite rules dictating that they should be serviced every year.

The owner Richard Gidney was ordered to give evidence after he refused to attend an inquest on the Isle of Man.

The 43-year-old went on trial in 2005 accused of manslaughter, but was acquitted when a judge ruled there was no case to answer.

He was told to appear in court after the Manx coroner petitioned the Court of Session in Edinburgh.

On the second day of the hearing, Mr Gidney faced questioning from Andrew Smith QC, acting on behalf of the coroner.

He said it was a "pretty serious failing" that the life rafts had not been serviced for four years before the boat sank.

VICTIMS OF THE SOLWAY HARVESTER SINKING
Skipper Craig Mills, 29
Robin Mills, 33, Craig's brother
David Mills, 17, Craig's cousin
Martin Milligan, 26
John Murphy, 22
David Lyons, 18
Wesley Jolly, 17

"Why was it that they weren't serviced as required by regulations?" asked Mr Smith.

"I've no idea," Mr Gidney replied.

He told the court it was up to the skipper to deal with boat maintenance.

He told the inquiry: "The manner in which I ran the company was always that money was never an object with the upkeep of the vessel."

Mr Gidney went on to accuse the QC of trying to "twist the truth" in an exchange over the boat's safety certificate.

He admitted there was a time when the Solway Harvester sailed when he was not in possession of the relevant UK fishing vessel certificate.

But he insisted the vessel was not sailing illegally and said the authorities had simply not issued him with a fresh certificate when a short-term certificate had expired.

'Perfectly safe'

Mr Smith asked the witness if he accepted that no certificate was in place for a period of six months, to which he replied: "No, I don't accept that.

"What you're trying to do here is twist the truth of the matter, which was that the certificate was valid and in place, simply the paperwork hadn't been issued.

"The vessel had been inspected and was conforming with legislation.

"It was a perfectly safe vessel at that point."

The QC asked if he wanted to express any remorse or sorrow to the families of the seven men who died.

Mr Gidney said: "I don't regret anything more in my life than what's happened to that vessel and these men.

"I think this has affected me extremely deeply."

He bowed his head and struggled to compose himself.


SEE ALSO
Court date over trawler sinking
01 May 08 |  South of Scotland
Harvester evidence order granted
15 Feb 08 |  South of Scotland
Legal move in trawler inquest bid
08 Jan 08 |  South of Scotland
Solway trawler inquest to reopen
23 Jan 07 |  Isle of Man
'No response' over Solway inquest
22 Dec 06 |  Isle of Man
Solway Harvester inquest delayed
17 Nov 06 |  Isle of Man

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