The skipper of a working vessel that collided with a 10-metre yacht off Dún Laoghaire during a 55-yacht regatta three years ago has been fined €6,300 for negligence and breach of duty.
Steven MacLean (35), of Mary Hill, Glasgow, yesterday pleaded guilty at Dublin Circuit Criminal Court to causing loss, destruction and damage to the yacht, Dai Mouse, on May 12th, 2001, and to breach or neglect of duty contrary to the Merchant Shipping Act, 1982.
Det Sgt Seán Campbell told Mr Colm O'Briain, prosecuting, that the collision between the work vessel, Voe Trader, and the yacht occurred while the yacht was waiting along with others to start a race in the Baily Bowl Event of the Royal Alfred Yacht Club, a two-day regatta.
The yacht, worth £50,000, had to be written off as a result of the collision, and all members of the crew on board suffered some injuries.
Some were seriously hurt, including a woman who dislocated her elbow and needed metal plates inserted surgically for a broken femur.
Another crew member suffered injuries to his neck, and a woman on board broke a bone in her foot as a result of the collision.
Det Sgt Campbell said radar pictures from the harbourmaster showed that Dai Mouse had been stationary at the time, except for tidal movement, and Voe Trader had been travelling at a speed of 9.3 knots.
Voe Trader, which was working on a pipeline from Sutton, was travelling at an excessive speed given the number of vessels that were stationary in the area at the time, Det Sgt Campbell said.
MacLean had tried to avoid a collision with another yacht which was stationary next to Dai Mouse and had rammed into the latter vessel.
He told gardaí the crane attached to the front of his vessel had impaired his vision of Dai Mouse.
Mr O'Briain said MacLean's guilt lay in the fact that he had chosen to travel a course that brought him too near the other vessels when an alternative route was available to him.
He also failed to assess the risk fully and did not exercise the necessary precautions.
Det Sgt Campbell agreed with MacLean's counsel, Mr Paul Green, that MacLean had also been looking at the rear of his vessel at the time to check if its backwash was causing difficulties to any of the other vessels in the area.
Det Sgt Campbell said MacLean had no previous convictions and was currently working in Azerbaijan for the same company.
Judge Michael White said he believed the collision had been caused by a lack of judgment on MacLean's part rather than a deliberate and serious breach of duty.
He noted, however, that the accused had co-operated fully with gardaí, appeared for all court hearings when he was summoned despite working and living abroad, and had pleaded guilty at the earliest possible opportunity.
He gave MacLean six months to pay the fine and said he would have jailed him had it not been for his exemplary work record.