Viking Islay master not guilty of causing deaths

A jury of seven men and four women at Sheffield Crown Court took almost six hours to consider their verdict before acquitting Donald Fryer last Thursday.
Donald Fryer was master of Vroon Offshore Services vessel Viking Islay, which was operating in the Amethyst gas field at the time of the tragedy in September 2007.
He was charged with two breaches of the Merchant Shipping Act in relation to the deaths of Robert Ebertowski, Robert O’Brian and Findlay MacFadyen.
If found guilty, he could have faced two years in jail.
The court was earlier told that the three men successively entered the vessel’s chain locker before collapsing due to depleted oxygen in the enclosed space.
At issue was whether the crew members were made aware that the chain locker was a dangerous place to go, whether they were aware the chain locker had to be adequately vented before entry, and why no tests were made of oxygen levels in the locker.
Vroon Offshore Services has already pleaded guilty to three technical offences in relation to the incident, which will now be dealt with separately.
Capt Fryer was represented by Stephenson Harwood, with his legal bills footed by Nautilus UK.
The British officers’ union slammed the Crown Prosecution Service’s decision to bring charges against its member.
General secretary Brian Orrell said: “The case should never have gone to court and it is yet another alarming case of criminalisation of the maritime profession.
“Don Fryer is an honourable and committed seafarer, with more than 50 years of maritime experience – including more than seven years commanding a vessel whose sole purpose was to save lives.
Sentence
“That he stood indicted not for an action that he did, but for the actions of others that could never have been reasonably foreseen, is appalling.
Whilst there is a strong tradition of the master being held responsible for everything, this case has raised serious questions about the adequacy of safety management systems and of the authorities that oversee them.”
Mr Orrell added that Capt Fryer was subject to his company’s safety management system which he maintained had been found seriously wanting in this case.
At its conference this week, the union will debate a call for the compulsory carriage of oxygen level testing equipment on all ships in a resolution inspired directly by the Viking Islay incident.
The Maritime and Coastguard Agency said it did not wish to comment until the sentence against Vroon was known and the judge had delivered his summing up.
A spokesman for Vroon said the company extended its condolences to the families of those that had died.
“The master is still on the company’s payroll and following the incident, the company did reiterate its strict policies to all the masters and seafarers on board its vessels in relation to entering enclosed spaces,” he added.