Defence lawyer argues errors not serious enough to be manslaughter

Defence lawyers have started their closing speeches in the trial against two Condor crew members over the fatal L’Ecume II sinking – arguing that the “errors” made before the fatal collision were not serious enough to be gross negligence manslaughter.

Lewis Carr (30) and Artur Sevash-Zade (35) are facing three charges of manslaughter in the deaths of Jersey man Michael Michieli, and his Filipino crew members Larry Simyunn and Jervis Baligat, who died when their fishing trawler collided with the Commodore Goodwill off Jersey’s coast in December 2022.

Advocate Simon Thomas, defending Mr Carr, gave his closing speech in Jersey’s Royal Court yesterday morning.

He extended his sympathies to the families of the three men who died in the collision, but told the jury they should try and set aside emotion and approach the evidence “dispassionately”.

It was tempting, he said, for someone to “pay the price” for the deaths.

But convicting someone of manslaughter, “the second most serious offence in the criminal calendar”, should only be done “in the clearest of circumstances when supported by the clearest of evidence”.

Much of the case has focused on the lights that L’Ecume II might have been displaying at the time of the collision.

Skipper Mr Michieli had habitually turned on his fishing lights even when not fishing – which made him the “stand-on” vessel when crossing others – the court heard during the prosecution’s case. If the fishing lights were off, it was L’Ecume II’s role to move out of the way of the Commodore Goodwill.

But Advocate Thomas argued that it was possible that the fishing light bulb was broken, and the crew hadn’t noticed it – which would explain why neither ship got out of the way of the collision.

“It does go some way to explain this tragedy,” he said.

Advocate Thomas also dismissed the statements given by Mr Carr in his initial interview, which he said showed he wasn’t thinking clearly.

He reminded the jury of Mr Carr’s evidence that he gave the interview because he “just wanted to help with the case without putting [himself] first”.

Advocate Thomas argued that a collision could have been avoided until 20 seconds until the impact – so legislation that required Mr Carr to take action of a collision is “unavoidable” only became relevant very late.

“Lewis Carr made a judgement… you may not agree with it, but it is some way to not agree with it to saying it was grossly negligent,” he said.

He reminded the jury that Mr Carr had admitted he had made mistakes during his cross-examination, adding: “Mr Carr has not chosen to present himself as having acted perfectly.”

But, he said, “even a serious series of errors” was not enough to convict Mr Carr of gross negligence manslaughter.

Commissioner Sir John Saunders is presiding in Jersey’s Royal Court.