Jury retires to consider verdict in manslaughter case against Condor crew

The jury has retired to consider its verdicts in the manslaughter trial of two former Condor crew who were on the bridge of the Commodore Goodwill when it fatally collided with fishing trawler L’Ecume II.

All three L’Ecume II crew members, Michael Michieli (62), Larry Simyunn (33), and Jervis Baligat (31), died after the collision in the early hours of 8 December 2022.

The two Condor staff members who were on the bridge of the Commodore Goodwill at the time, second officer Lewis Carr (30) and able seaman Artur Sevash-Zade (35), each deny three charges of manslaughter.

Jurors heard just over three weeks of evidence and speeches before they began their deliberations this morning.

Commissioner Sir John Saunders, who is presiding over the trial, today reminded them that they should consider the two verdicts separately, and that to find them guilty of manslaughter, they should be sure that:

• The defendant had breached a duty of care to the deceased. He said there was no dispute that they had a duty of care, but the question was whether the defendants had negligently breached it;
• The breach gave rise to an “obvious and serious” risk of death;
• A person in the same position and with the same level of qualification and experience would see the obvious and serious risk of death;
• The negligence was a significant cause of the death (though it doesn’t have to be the only reason);
• And that the circumstances of the breach or breaches “were so exceptionally bad as to amount to gross negligence and require prosecution”.

If the jurors acquit either of the two men of manslaughter, they can consider an alternative, lesser charge of conduct endangering individuals, ships or structures under the Shipping (Jersey) Law 2002.

Crown Advocate Matthew Maletroit, prosecuting, set out how the two crew members allegedly failed to keep a lookout and busied themselves with tasks to prepare their arrival in Jersey – and missing L’Ecume II when she showed up on their screens.

Advocate Simon Thomas, defending Mr Carr, said he had acknowledged he hadn’t acted perfectly.

But, he said, an issue like a blown lightbulb could have caused him to think he didn’t need to move out of L’Ecume II’s way.

Advocate Thomas added that his client had made an alteration of the Commodore Goodwill’s course to try and avoid the trawler.

Advocate Mike Preston, defending Mr Sevash-Zade, said his client was part of a “dispensable” Ukrainian crew working for Condor.

He added that anything Mr Sevash-Zade did or said to Mr Carr wouldn’t have changed his route.

The jury retired around 11:25 today.