Practical Boat Owner - July 2018

NEWS

T

the Maritime and

Coastguard Agency (MCA)

has announced plans to review

its own safety advice after the

owner of the yacht Cheeki

Rafiki walked free from

manslaughter charges.

Following two trials and a

three-year investigation by the

MCA, Douglas Innes, the

director of Stormforce

Coaching which owned Cheeki

Rafiki, was found not guilty of

manslaughter by gross

negligence of four sailors.

Andrew Bridge, 22, James

Male, 22, Steve Warren 52, and

Paul Goslin, 56, died when the

Beneteau 40.7 lost her keel in

the mid-Atlantic in May 2014

while returning to Southampton

from Antigua Sailing Week.

At the first trial in 2017, Innes

was found guilty of failing to

ensure that Cheeki Rafiki was

operated in a safe manner,

contrary to section 100 of the

Merchant Shipping Act 1995.

However the jury was unable

to reach a verdict on the

manslaughter charge.

Following the 2018 retrial,

Innes has now been acquitted

of manslaughter. He will be

sentenced for the earlier guilty

offence on 11 May 2018.

In delivering its verdict, the

jury said it was ‘deeply

concerned’ about the maritime

regulation guidance note,

MGN 280, and recommended

Safety under scrutiny

after Cheeki Rafiki case

it be reviewed and tightened.

MGN 280, which applies to

UK commercial vessels under

24m and carrying fewer than 12

passengers, states that the

authority should be notified ‘in

cases where the vessel suffers

major damage..’ or ‘minor

damage, detrimental to the

safety of the vessel’.

In court, the judge, Mr Justice

Tearne, said that the technical

requirements in MGN 280 for

equipment and machinery in

a vessel do have legal

standing, although other

aspects of a general nature do

not and should be considered

best practice.

Throughout the trial there had

been conflicting evidence

about whether coding

authorities should be notified in

the event of grounding.

Stormforce Coaching took

over the management of the

Cheeki Rafiki in 2011, and the

court heard that the yacht had

grounded twice in 2013.

Neither incident was reported.

Sir Alan Massey, head of the

MCA, said the agency would

look at the recommendations

on MGN 280, and ‘review or

even amend the terms of that

guidance notice’ if needed.

A £110 million

sponsorship deal, led by

INEOS chairman, Jim

Ratcliffe (right) will see Sir

Ben Ainslie break with

Land Rover and 11th Hour

Racing. He will now be

team principal of INEOS

Team GB, which will

represent the Royal Yacht

Squadron’s affiliated

club, Royal Yacht

Squadron Racing.

‘This is an amazing

boost for British sport,’

said Sir Ben. ‘With this

significant commitment

from INEOS to fully fund a

two-boat challenge,

Britain now has its best

opportunity to bring the

America’s Cup back

home where it belongs.’

New backer for

British America’s Cup

The families of Cheeki Rafiki

crew Paul Goslin, James Male,

Steve Warren and Andrew

Bridge were in court to hear

the verdict

Douglas Innes has been

cleared of manslaughter by

gross negligence

Andrew Matthews/PA

PA

Sailors are being encouraged

to visit Belgium this summer

following the announcement

there will be no fines or

penalties for UK vessels visiting

the country which have UK

marine red diesel in their tanks

• at least for the time being.
  The Cruising Association (CA)
  received confirmation of the

No red diesel fines

when visiting Belgium

Belgian authorities won’t fine

UK boaters using red diesel

Finance Office said: ‘The

policy of tolerance regarding

red diesel in UK-flagged yachts

visiting Belgium will be

maintained until further notice.

Any change to this policy will

be communicated in due time.’

‘This removes any remaining

uncertainty for yachtsmen and

women who wish to make the

crossing from the East Coast

or Channel ports to Belgium.

This status quo to the

agreement will not change,

without warning, on behalf

of the boating community in

the UK.’

Last year, the CA urged

cruisers to boycott the country

after an English sailor was

fined r500 for having traces of

red diesel in the fuel tank of his

Hunter Channel 31.

This led to meetings with the

Belgian authorities who

agreed in September 2017

that UK pleasure craft with red

diesel in their tanks would not

be apprehended or fined by

Belgian officials.

move by the Belgian Finance

Office, but stressed that 100%

fuel duty must still be paid on

all red diesel which is

purchased before a trip to

Belgium. Boaters must keep

printed and signed receipts as

evidence duty has been paid

for Customs inspections.

In its notice, the Belgian