The incident took place on the 9 December 2009, at about 7.30pm when the vessel was shooting its nets about 18nm SSE of Newlyn. The report says that at the time of last shooting nets, Evans, in attempting to solve a problem with the gear, was taken overboard by the anchor for the nets. He went under and surfaced with the nets while the crew were trying to find him.
Somehow Evans managed to work his way, through the darkness and a moderate swell, along the net line and somehow manage to appear alongside the vessel. In this accident Evans suffered a fractured rib and soft tissue damage to his legs and arms. He did not say he was wearing a lifejacket. He was recovered on board, suffering from cold immersion and from his injuries.
The skipper an downer of the vessel Ocean Spray, Peter Laity, was pleaded guilty at Camborne Magistrates Court today to employing Wayne Evans when he knew that the crew member had not completed the safety courses required by the Fishing Vessels Safety Training Regulation. The court imposed a fine of £600 and ordered to pay £500 costs to the prosecution (MCA).
David Fenner, Fishing Vessel Policy Lead, Maritime and Coastguard Agency comment that the MCA are satisfied at the outcome and hope that skippers, owners and crew understand the importance of completing the mandatory safety training courses. It is essential to make sure crew are adequately trained and experienced for the job.