A fatal accident inquiry will be held after Lachlan Robertson, 61, died when he and a fellow crew member fell into the sea in the Sound of Rum in 2021.
Mr Robertson, the owner and skipper of the fishing boat ‘Reul A Chuain’, a twin-rigged prawn trawler out of Mallaig, died on June 24, 2021 after falling overboard while attempting to rescue a deckhand from the waters of the Sound of Rum.
The Crown Office and Procurator Fiscal Service has lodged a First Notice to begin the court process for a Fatal Accident Inquiry into the death of Lachlan Robertson. A preliminary hearing is set for June 5, 2024 at Fort William Sheriff Court.
The purpose of a Fatal Accident Inquiry (FAI) includes determining the cause of death; the circumstances in which the deaths occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances. Unlike criminal proceedings, FAIs are inquisitorial in nature, and are used to establish facts rather than to apportion blame.
Procurator Fiscal Andy Shanks, who leads on death investigations for Crown Office and Procurator Fiscal Service, said: “The death of Lachlan Robertson occurred while in the course of his employment and as such a Fatal Accident Inquiry is mandatory.
“Mr Robertson’s family will continue to be kept informed of significant developments as court proceedings progress.”
The Marine Accident Investigation Branch (MAIB) reported in December 2022: "On the evening of 24 June 2021, Reul A Chuain was on passage with three crew to Mallaig, Scotland when a deckhand fell overboard in adverse weather while trying to recover one of the vessel’s nets, which had slipped over the stern during heavy rolling.
"The skipper attempted to recover him from the water but also fell overboard. Neither of them were wearing personal flotation devices.
"Both men were recovered by the inexperienced remaining crew member. The skipper was unresponsive and, despite efforts by the vessel’s crew and search and rescue personnel, he could not be revived.
"The investigation found that control measures identified in the vessel’s operational risk assessments had not been implemented immediately after the net was taken on board after the fishing operation ended. This allowed, with the deteriorating weather conditions, for the net to slip overboard, which led to an emergency situation that continued to escalate with dire consequences.
"Given the existing extensive safety guidance to fishing vessel owners and skippers, specifically on mitigating the risks of falling overboard, and the requirement for fishermen to wear a personal flotation device or to have measures in place to prevent falling overboard, no recommendations are made in this report."
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