Family hit out at ‘sham’ FAI probe

Relatives say fisherman’s body still on sunken prawn fishing boat

A FATAL Accident Inquiry to be held into death of a fisherman lost at sea four years ago has been described as “a sham” by his family.

Scott MacAlister’s family, who are preparing for the hearing at Oban Sheriff Court on Monday, say they will never find peace until the creel boat on which he was the sole occupant is brought to the surface. The 40-year-old father-ofthree, from Seil, near Oban, was lost when the 27ft long prawn boat Speedwell went down off Easdale Island, in the Firth of Lorn, on April 25, 2013.

His body has never been recovered and his family believes it is still on the boat.

But the boat, which the family believe to have been defective, will not form part of the physical evidence in the FAI.

One of Mr MacAlister’s brothers is to petition the Scottish Parliament for a judicial review next week.

His father Peter said: “Scott will be blamed and the owner of the boat has already been told he will not be prosecuted.”

The family is threatening to boycott the investigation into Mr MacAlister’s death because of alleged comments made by the Maritime and Coastguard Agency (MCA) that will allow the owner of the vessel to be given immunity from prosecution before the hearing begins.

Peter MacAlister said: “How can it be possible for someone to be told they will not be prosecuted before an investigation into the condition of the boat takes place?

“We have been categorically told the owner of the Speedwell will not be prosecuted.

“From the very beginning we have known Scott will have to take some responsibility for going out on a vessel that we believe was not fit for purpose.

“I have written to Sir Alan Massey, the chairman of the MCA, to ask how the MCA could make the decision not to prosecute the owner without any investigation being undertaken by them as the policing body first? It is incredulous to everyone.

“The MCA has already said that is what is going to happen, when it has not even gathered evidence about the boat or any of the witnesses to the state of the boat. “‘How can we find justice?”

The dead fisherman’s brother Andrew said: ‘“Surely it is up to the judge to make that decision and not for the MCA?”

Scott’s other brother, Glen, will be starting his petition seeking a judicial review on Friday.

The Marine Accidents Investigation Branch (MAIB) published its final report in January 2014. It concluded: “Speedwell probably sank as a result of water ingress through an unsealed and unsecured flush deck hatch leading to the vessel’s aft store.”

It added other factors included a faulty bilge pump and bilge alarm, the single-handed operation of the vessel that seriously compromised the skipper’s ability to deal with the situation, and lifesaving equipment that was out of date, had not been serviced and was not used.

The MAIB decided against raising the vessel at the time of the investigation because other evidence was available.