A nautical expert has told a court examining the circumstances of a diver’s death that a boat’s captain is responsible “under God” for protecting “all lives on board”.
Ian Biles, 64, told lawyers acting in a compensation case brought by the family of Lex Warner, 50, that a skipper is responsible for all aspects of safety onboard vessels.
The Court of Session heard the marine surveyor say that the captain of the MV Jean Elaine, Andy Cuthbertson, didn’t do enough to ensure the safety of his passengers.
Mr Warner was on board the ship in the hours before he lost his life in a diving accident on August 14 2012 north west of Cape Wrath.
On Thursday, Mr Biles – who has spent the past three days listening to evidence in the case – offered his opinions on the role of a ship’s captain.
Mr Biles, of Gosport, Hampshire, said: “He is a captain under God. He is responsible for everything on that vessel. He is responsible for the safety of all lives on board, the protection of the environment and the preservation of property.”
Mr Biles was giving evidence on the third day of an action brought by Mr Warner’s widow Debbie. She is suing the company which owned the MV Jean Elaine – Scapa Flow Charters – in a £500,000 action on behalf of her nine-year-old son Vincent.
The action has been brought following his father’s death on an unnamed wreck. Scapa Flow Charters, which is based in Stromness, Orkney, is contesting the action.
‘He was the captain of the boat’
On Thursday, Mr Biles, an expert witness, told the court that he didn’t believe Mr Cuthbertson did enough to ensure the safety of his passengers on the day Mr Warner lost his life.
He added: “He should have, as he was required to do, carried out a careful examination of the nature of the operation he was running as the captain of the boat.”
Mr Biles said he should have put in place “appropriate mitigation” to reduce that risk of trips and falls “to as low as practicably possible”.
“I haven’t seen any evidence that he did it at all,” he added.
The action claims that there was fault and neglect on the part of Scapa Flow Charters in failing to take reasonable care for the safety of Mr Warner.
The firm maintains that Mr Warner, an industrial cleaning contractor, had a duty to walk across the deck carefully because of the heavy equipment he was wearing along with fins.
It is contended that Mr Warner’s decision to dive resulted in him experiencing increased levels of abdominal pain due to underwater pressure which in turn led to rapid ascent and death.
The hearing before Lord Sandison continues.
READ MORE: Day one evidence
READ MORE: Day two evidence