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17:21 GMT, Thursday, 2 July 2009 18:21 UK

Tug widows to sue port managers

The widows of the victims of the Flying Phantom

The widows of two men who died when a tug capsized in the Clyde have launched a damages action against port managers and the boat's operators.

Linda Cameron and Eileen Blackley said they felt "bitterly angry" that safety recommendations had not been implemented in the wake of the tragedy.

The Flying Phantom capsized in thick fog on 19 December 2007 while towing the carrier Red Jasmine.

Clydeport said it "completely refuted" many of the claims that had been made.

The tug, owned by the Danish firm Svitzer, was based at Greenock.

An inquiry blamed a winch which failed to release fast enough.

"We have advised the families to launch their civil claims now to get action and stop Clydeport blatantly refusing to implement the MAIB recommendations"


Frank Maguire
Thomsons Solicitors


It sank opposite Clydebank College in West Dunbartonshire and was raised in a salvage operation in January.

The bodies of three crew - skipper Stephen Humphreys, 33, from Greenock, Eric Blackley, 57, from Gourock, and Robert Cameron, 65, from Houston - were recovered in the days after it sank.

Another crewman, Brian Aitchison, 37, from Coldingham, was rescued from the water after he managed to escape from the tug's wheelhouse.

A Marine Accident Investigation Branch (MAIB) report into the sinking criticised Svitzer for not ensuring the crew had received special training in navigating in poor visibility.

It also criticised port operator, Clydeport, for not fitting a £30,000 fog detection system, after a similar accident, also involving the Flying Phantom, in 2000.

Linda Cameron said she felt "bitterly angry" that Clydeport had not acted on safety recommendations.

'Desperate loss'

"It seems unbelievable that it is now 18 months since the accident and we are still no further forward," she said.

"We are taking legal action now, not for the money but to draw attention to the fact that nothing has happened to prevent the same terrible type of accident happening again.

"We are all finding it desperately hard to come to terms with our loss, and knowing that it could happen again to someone else makes it 10-times worse."

The Flying Phantom after it was raised

Eileen Blackley said: "We are absolutely dismayed that the lives of our husband's friends and workmates are still being put at risk because Clydeport won't spend £30,000 on a fog detection system, even though they are a multi-million pound company."

John Quigley, Scottish regional secretary of the union, Unite, blamed UK ministers for not compelling Clydeport to act.

"The government is playing Russian roulette with the lives of the seamen and women who work on the Clyde," he said.

"It's totally unacceptable for them to let Clydeport blatantly ignore the findings of the Marine Accident Investigation Branch, when those recommendations are intended to prevent a similar tragedy."

Mr Quigley said the Department of Transport had confirmed it had no powers to force harbour authorities such as Clydeport to do anything about enhancing safety.

He said the Health and Safety Executive and the Maritime and Coastguard Agency were also powerless.

'Total farce'

The union official added: "It is a total farce."

The women's legal action is being handled by Thompsons Solicitors.

Senior partner in the firm Frank Maguire said: "The letter from the Department of Transport confirms that Clydeport is a law unto itself when it comes to enforcement.

"We will pursue this matter along with Unite and campaign to make Clydeport totally accountable as is every other similar organisation in the country.

"In the meantime we have advised the families to launch their civil claims now to get action and stop Clydeport blatantly refusing to implement the MAIB recommendations."

A Clydeport spokesman said: "We completely refute many of the claims made by Thompsons Solicitors, but given that a legal action is now pending it is inappropriate to comment further.

"However, we will be vigorously defending our position should this action go to court."




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Related to this story:
Tug widows accuse port managers (17 Dec 08 |  Glasgow, Lanarkshire and West )
Tug death families demand inquiry (30 Sep 08 |  Glasgow, Lanarkshire and West )
Tug's winch 'to blame for deaths' (30 Sep 08 |  Glasgow, Lanarkshire and West )
Boat raised after Clyde tragedy (17 Jan 08 |  Glasgow, Lanarkshire and West )
Third funeral after Clyde tragedy (09 Jan 08 |  Glasgow, Lanarkshire and West )
From glory days to river tragedy (20 Dec 07 |  Glasgow, Lanarkshire and West )

RELATED INTERNET LINKS
MAIB report
Clydeport Ltd
Svitzer
Health and Safety Executive
Maritime and Coastguard Agency
Peel Ports
Lloyd's Register
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