A fishing company and its boss have been fined more than £220,000 after a crewman died and three others were injured in a deadly gas leak onboard a North Sea trawler.
James Duthie, 66, appeared in the dock at Peterhead Sheriff Court as the face of his multi-million-pound business and admitted a series of health and safety failures that resulted in the death of William Ironside.
Mr Ironside, 52, was asphyxiated by Freon gas that had leaked into the refrigerated saltwater tank of MV Sunbeam as it was docked at Fraserburgh Harbour in 2018.
Three of Mr Ironside’s crewmates – Francis Wood, 60, Robert Cowe, 61 and William Buchan, 56 – were also overcome with fumes as they tried to recover his lifeless body from the enclosed space below deck.
Duthie, of Den of Cortes, Lonmay, admitted a number of charges under the Health and Safety at Work Act.
The 66-year-old failed to make a suitable risk assessment and failed to provide safe machinery and a safe system of work for employees.
Fraserburgh-based Sunbeam Fishing Limited – of which Duthie is a director, along with his wife – also admitted failing to take measures that would prevent any leakage of the toxic Freon gas, which had led to Mr Ironside’s death.
On the day of the accident, August 14 2018, Mr Ironside began cleaning one of the vessel’s refrigerated saltwater tanks following the trawler’s return from catching herring off Orkney.
The court heard that the purpose of the tank was to store and preserve the catch of fish in chilled water and each tank had a single point of entry.
Once in harbour, each hatch would normally be opened allowing them to vent naturally.
Following the tragedy a full investigation was carried out by the Marine Accident Investigation Branch (MAIB) which found gas was leaking via corroded pipes in the refrigeration unit.
This meant the “heavier than air” Freon gas was bubbling into the bottom of the tank displacing the oxygen levels from 21% down to 4%.
The court heard Mr Ironside “without being asked” went to clean the tank.
Sheriff Christine McCrossan it “was not his job” to do this but said he had been “trying to get work done as quickly as possible”.
Later, according to fiscal David Glancy’s narrative, one of his colleagues, Francis Wood, called on him for help and, getting no response, tried to find him.
Mr Ironside was lying face down
After searching the engine control room and workshop, Mr Wood returned to the upper deck and, as he looked down inside the tank, saw Mr Ironside lying face down.
Mr Wood climbed down to assist him and was joined by another crewmate, Robert Cowe, they began CPR on Mr Ironside. But Mr Wood also lost consciousness and slumped over Mr Ironside.
By now, other crewmen had gathered at the hatch, and they attempted to lower down a makeshift stretcher and fish bin to lift the casualties out – but it snagged on pipework.
William Buchan, 66, also climbed through the hatch but quickly saw that Mr Cowe’s face was turning purple – so he retreated. Mr Cowe was said to be on his hands and knees, delirious and vomiting.
Two crewmates then donned breathing apparatus to retrieve the three stricken men.
Mr Ironside – who had worked as a contractor on the Sunbeam for 11 years – was pronounced dead at the scene, while another four crew members were taken to Aberdeen Royal Infirmary.
Defence counsel for Sunbeam Fishing Limited, Barry Smith KC, said more than £2 million had been spent on boat maintenance and repairs since 2018.
He explained that Duthie, along with his wife, were the sole directors of the company having bought out Caley Fisheries Limited in 2009.
Defending counsel for Duthie, Peter Gray KC, told the court that his client had an income of just under £5,000 a month “cashflow permitting” and he was “able and willing” to work in the community by way of a sentence.
‘He was a truly decent man’
Sheriff McCrossan said Mr Ironside had been a “long-serving and experienced crew member” and his death was “dreadfully tragic”.
She said she wanted Mr Ironside’s family to know the court had not “lost sight of that”, adding: “Nothing can ever give him his life back. I know his family are devastated.
“They have found it hard to move on. He was a truly decent man.”
On sentencing Sunbeam Fishing Limited, she said the harm involved was “level A” given that Mr Ironside had died and a number of other people were exposed to the toxic gas.
She said: “I am aware that the turnover of the company was between £5 and £6 million in 2022. I am taking into consideration that there are no previous convictions and the steps taken to fix the vessel.
Fines total £220,000
“Mr Duthie has recalled how traumatic it has been and said there is not a day goes by when he does not think about it.”
She fined Sunbeam Ltd £350,000 but reduced this to £300,000 due to them accepting responsibility. She further reduced it by a third to £200,000 due to the guilty plea and thus having avoided the “cost, effort and time” of a trial.
She also imposed a separate fine on the company of £20,000 for the leak of Freon gas, giving them six months to pay fines totalling £220,000.
Duthie was fined £7,500 and given 100 hours unpaid work, which must be completed within six months.
A Police investigation was carried out in conjunction with the Maritime and Coastguard Agency, along with the MAIB.
Mr Ironside’s family issued a statement which said: “It remains extremely hard for us to come to terms with what happened to William, even after all this time. William was a very much loved husband and father who will never be forgotten.
Detective Inspector Sam Buchan, who ran the investigation said: “Our thoughts remain with Mr Ironside’s family. I hope this goes some way to bring some sense of closure for them and importantly helps prevent other such incidents occurring in the future.”
The MAIB has since distributed new safety guidance to the fishing industry and has recommended merchant shipping regulations are updated to ensure compliance with enclosed space safety rules.
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