The Courier & Advertiser (Perth and Perthshire Edition)
Skipper admits safety flaws that led to tragedy
COURT: Ronald MacNeil concedes he had no way of monitoring diver Graeme Mackie underwater
The skipper of a Fife fishing boat has admitted safety flaws which led to the death of a scuba diver he had just taken on to fish for razor clams.
Father-of-one Graeme Mackie, 31, resurfaced in distress and shouting for help just a minute into his first dive for shellfish in the Forth.
He then disappeared from view and skipper Ronald MacNeil jumped into the water but could not find him.
A diver from another vessel which joined in the rescue attempts found Mr Mackie on the seabed and brought him to the surface but all resuscitation attempts failed.
Dunfermline Sheriff Court heard yesterday that MacNeil, skipper of the Rob Roy moored in Methil, had been involved in electro-fishing, where a generator on the ship sends charges through probes on to the sea bed uncovering clams which are then gathered.
However, depute fiscal Louise Beattie said there was no evidence this was a factor in Mr Mackie’s death which was caused by drowning and there was no sign of electrocution.
Ms Beattie told the court that Mr Mackie, from Tranent, had undertaken diving training but had not been working as a diver in the year before his death.
The tragedy happened on June 11 2011 in the Forth around 600 metres south of Methil Harbour.
MacNeil, 55, of Somerville Road, Leven, admitted failing to have an adequate system in place or providing any equipment whereby Graeme Mackie could be monitored underwater.
Further, that he failed to provide equipment which would assist in the recovery of Graeme Mackie from the water on to the vessel in the event of an emergency and as a consequence he entered the water, resurfaced in distress, then failed to resurface again and drowned.
He also admitted that as diving contractor for a project which involved scuba diving for shellfish using equipment, including electrical equipment, he failed to ensure the project was planned, managed and conducted in a manner which protected the health and safety of all taking part in it and in particular that of Graeme Mackie, now deceased, employed by him as a diver.
He further admitted that he failed to ensure there were sufficient people with competence to carry out the project and any action necessary in the event of a reasonably foreseeable emergency in that he failed to have in place a stand-by diver to provide necessary assistance to Graeme Mackie and as a consequence he entered the water, resurfaced in distress, then failed to resurface and drowned.
Sheriff Craig McSherry called for reports and MacNeil will be sentenced on July 29.