Jersey should change its shipping laws to ensure safety lessons from fatal maritime accidents can be published without delay, investigators have said after a report into the L’Ecume II disaster was held back for more than two years by local legislation.
The marine safety investigation into the collision between the Condor freight vessel Commodore Goodwill and the fishing boat L’Ecume II was released this week by the Bahamas Maritime Authority.
The Commodore Goodwill struck the trawler in the early hours of 8 December 2022, causing the deaths of skipper Michael Michieli (62) and crew members Larry Simyunn (33) and Jervis Baligat (31).
After a month-long trial last year, Condor crew member Lewis Peter Carr – the most senior member of staff on the bridge of the freight vessel at the time of the collision – was convicted of conduct endangering ships, structures or individuals under the Shipping (Jersey) Law and jailed for 20 months.
The jury failed to reach a verdict on three charges of gross negligence manslaughter. Carr was instead convicted of the lesser alternative offence.
His co-accused, Artur Sevash-Zade, was cleared of manslaughter and discharged after jurors were unable to reach a majority verdict on the alternative charge.
The Bahamas Maritime Authority report revealed that its own publication was delayed by provisions in the Shipping (Jersey) Law 2002, which prevent ministers from authorising the release of a marine safety investigation while criminal proceedings remain possible or ongoing.
As a result, despite the collision taking place in December 2022, the findings were not published until June 2026, following the conclusion of court proceedings connected to the tragedy.
Investigators have now urged the States Assembly to “amend its legislation to prioritise sharing of lessons that might be learned from marine casualties through the removal of restrictions on publication of marine safety investigations”.
The investigation concluded that a series of actions and missed opportunities on both vessels contributed to the collision.
It found that the officer of the watch aboard Commodore Goodwill made only limited course alterations, while the skipper of L’Ecume II was “almost certainly” absent from the wheelhouse shortly before the crash, leaving no certificated watchkeeper on the bridge.
Investigators also said neither vessel’s actions would have been immediately apparent to the other, and neither sounded the prescribed warning signals.
A Government of Jersey spokesperson said: “We thank the Bahamas Maritime Authority for its thorough and far-reaching investigation.
“We will now carefully review their findings and give full consideration to the recommendations made.”
