Man-overboard signal sounded five minutes after fatal L’Ecume II collision, court hears

There was a five-minute gap between the moment the Commodore Goodwill hit the L’Ecume II and the man-overboard tannoy being sounded, the Royal Court has heard, as second officer Lewis Carr stood on the deck “shocked”.

Mr Carr (30) and his lookout, Artur Sevash-Zade (35), are on trial this week facing three charges of manslaughter related to the collision, which killed the fishing boat’s skipper Michael Michieli (62) and his crew, Larry Simyunn (33) and Jervis Baligat (31).

The court heard from several crew members this morning who were off-duty at the time of the collision.

Second officer William Hibbs, who was in training on the boat, said he was woken by a “loud bang… followed by a screeching sound”.

The Goodwill’s bosun (the head of the deck crew) Kostyantyn Zhyglov, who was resting before the ship arrived in St Helier, said he heard five short blasts before hearing they had hit something.

He said it took him around three or four minutes to put on warm clothes and go the deck.

There, he said, he found Mr Carr standing in front of his chair.

“Artur said: ‘It looks like we’ve hit something’,” he said.

“I asked [Mr Carr]: ‘Did you call the captain?'”

Crown Advocate Matthew Maletroit, prosecuting, said: “What was his response?”

“No. I told him: ‘Call the captain straight away.'”

The captain arrived “very quickly”, he said, and made a man-overboard announcement, reportedly saying: “Man overboard, [this] is not a drill, man overboard.”

Mr Zhyglov helped the search effort by looking out from the bridge, and helped check the Goodwill for damage.

The court heard earlier this week that some time after the collision, Mr Carr was sent to his cabin and that the other second officer on board went to reassure him and gave him a hug.

Advocate Simon Thomas, defending Mr Carr, asked Mr Zhyglov: “Would it be fair to say that Lewis Carr was in a state of shock when you got to the bridge?”

Mr Zhyglov replied: “He was just standing, not moving.”

The advocate asked if the bridge was “fairly hectic” at the time.

Mr Zhyglov said: “No, not any panic.”

Mr Sevash-Zade had joined the Goodwill in Santander as an able seaman in October 2022.

Advocate Mike Preston, defending Mr Sevash-Zade, said Mr Sevash-Zade had been on watch for the first time the week of the collision.

Asked what he thought of Mr Sevash-Zade, Mr Zhyglov said: “Absolutely good. No problems whatsoever.”

There were no complaints, he added.

The advocate further said that there was a point after the collision where the captain asked Mr Sevash-Zade to steer the ship, but Mr Zhyglov could not remember.

The jury trial, now in its fifth day, is schedule to last four weeks.

Commissioner Sir John Saunders is presiding.

The prosecution’s timeline

4:15am: L’Ecume II leaves St Helier, probably aiming to fish at Long Banks to the northwest of Jersey.

4:36am: The Commodore Goodwill leaves St Peter Port with a 36-minute delay.

5:07: L’Ecume II goes around Corbière.

5:14: While Mr Sevash-Zade is on an unscheduled breakfast break, L’Ecume II starts showing up on the S-band radar, most commonly used by the lookout. The image of L’Ecume II becomes clearer in the next minute.

5:15: L’Ecume II shows up on both radar systems and “would also be visible by sight”.

5:21: Jervis Baligat sends a text to a friend telling him: “Bro, key is on the doorstep… there’s still leftover chicken from last night… We’ve already left for sea.” This is the last known communication from the L’Ecume II crew.

5:22-5:24: According to the path shown on the radars, the two boats were going to pass each other without problems, but the Goodwill makes a 7-degree starboard turn – setting her on a collision course.

In interview, the prosecution say, Mr Carr said he had identified L’Ecume II by sight.

From minutes before the collision, the advocate said, there was “a clear collision risk”.

5:33: The Goodwill makes a “minimal” turn to starboard, but it is unclear why.

5:34: “Clanging” noises on the audio recording are allegedly coming from Mr Sevash-Zade going onto the bridgewing, opening and closing the door, and unclipping a metal cover from a console on the bridgewing.

Between 5:34 and 5:35, the horn is blasted eight times.

5:35: The two boats collide, about four nautical miles from St Ouen’s Bay.

5:39: Mr Carr calls the Coastguard, telling them about the collision. The prosecution say the delay was “a product of his surprise and shock at what had just happened”.