Jurors in the trial of a Peterhead boat skipper accused of failing to maintain a proper lookout following a near-miss in which three men drowned have been unable to reach a verdict.
David Marr was in charge of his Vertrouwen boat when it caused water to engulf another vessel, his trial at Lewes Crown Court heard.
Romanian nationals Mercea “Mitch” Ilea, 40, Irinel Popovici, 41, and Treaiam Dumitrache, 50, died after waves of seawater gushed into their boat on the night of August 5-6 2017.
A fourth man on board the James 2 – Elvis Cojocariu – was found the next morning suffering from hypothermia, by a fisherman who was checking his nets.
After a week-long trial, jurors were unable to reach a verdict.
The Crown argued that Marr, 53, of Tower Hill, Peterhead had been “entirely unaware” of the other vessel, and only found out about the deadly near-miss from a radio several hours later.
The James 2, a 16ft angling boat, had been purchased by Mr Ilea and named after his son for his birthday.
Prosecutor David Richards told the jury that it did lack some of the necessary lighting, but that it that “does not explain” why Marr “appears not to have had the slightest awareness” of it.
He said the James 2’s crew had spotted it but initially felt there was nothing to worry about.
“It had not changed course since they first saw it,” he added.
“It was heading in a straight line, the same speed, as if on autopilot.
“It seemed to them they were about to be run over.”
The court heard the James 2 was pushed to the side by the force of the water and, while the crew tried to swim to safety while the vessel sank, three of the men died.
Judge Christine Laing QC discharged the jury yesterday afternoon following eight hours and 50 minutes of deliberations.
The Crown Prosecution Service has seven days to decide if it wishes to pursue a retrial.
