L’Ecume II skipper complained about large ships getting too close, court hears

The skipper of L’Ecume II, who died when his fishing trawler was struck by the Commodore Goodwill, had previously complained about large boats getting too close, a Royal Court trial has heard.

The trial of Commodore Goodwill crew members Artur Sevash-Zade (35) and Lewis Carr (30) entered its third day this morning.

They deny three charges of manslaughter, as well as one alternative lesser charge of endangering ships, structures and people, in the deaths of the three crew members of the L’Ecume II when it collided with the Commodore Goodwill on 8 December 2022.

Skipper Michael Michieli and crew members Larry Ladion Simyunn and Jervis Ramirez Baligat all drowned after the collision.

In a statement read out in court today, Mr Michieli’s wife Clare described him as a “well-experienced fisherman who is very passionate” about his industry.

Maintaining L’Ecume II to keep it safe was “constant work”, she said. “He was proud of the boat.”

Mrs Michieli described her husband’s last few fishing trips, and how he came home around 10pm the night before the collision and went to bed soon after.

He left early in the morning, probably around 3.15 or 3.20am, she said. Mrs Michieli woke up at 6.30am to a phone call telling her that “something had happened to Michael… there is lots of debris”.

The court also heard from Captain David Nuth, who knew Mr Michieli professionally and as a friend. He was emotional as he recalled their friendship.

They shared “lots of stories” and would speak on the phone or radio.

“I thought the world of Michael. He was a very good friend.”

He described Mr Michieli’s fishing experience as “faultless” and described him as a “genius” – for example, for his skill at making nets.

“It was like watching a symphony orchestra,” he added. “He was one of the most knowledgeable fishermen I have known in my entire life.”

L’Ecume II, he said, was “immaculate” when he last saw it “a couple of days before” the collision.

He recalled “regular” conversations he had had with Mr Michieli in which the skipper complained about large vessels coming too near him, including the Commodore Goodwill and Commodore Clipper.

The court was told that Mr Michieli had told him: “I don’t like it when them f***ers get close to me.”

He said Mr Michieli kept his fishing lights on whenever he was at sea, even if he wasn’t fishing, to be more visible.

But Advocate Simon Thomas, defending Mr Carr, said this was against regulations.

Advocate Thomas asked: “Was the reason why you asked him why he did it… because it’s not allowed when he is not fishing?”

Mr Nuth replied: “It’s probably not allowed. But I mean, how do you define fishing?”

Crown Advocate Matthew Maletroit, prosecuting, said yesterday in his opening speech that it was possible that L’Ecume II had her fishing lights on at the time of the collision, which would affect which boat had to give way.

However, he said, “even if the Goodwill was the stand-on vessel, it still had an obligation to take necessary action to avoid a collision”.

The jury trial is scheduled to continue for four weeks.

Commissioner Sir John Saunders is presiding.