A jury has failed to reach a verdict in the manslaughter trial of the former second officer in control of the Commodore Goodwill when it collided with a fishing trawler, killing three fishermen.
Lewis Carr has been discharged by Jersey's Royal Court after a jury deliberated for three full days and could not reach a majority verdict on three counts of gross negligence manslaughter.
But the 30 year old from Sunderland has been found guilty of a lesser offence under Jersey Shipping Law of conduct endangering individuals, ships, or structures.
That offence carries a maximum prison sentence of two years.
The lookout on the ship on the morning of the fatal collision at sea, Artur Sevash Zade, was cleared of all the charges against him.
The verdicts come after 19 hours and 18 minutes of deliberation and more than 16 days of evidence.
L'Ecume II skipper Michael Michieli (62) and his crewmen Jervis Baligat (31) and Larry Simyunn (33) drowned when their trawler sank on impact with the Commodore Goodwill freight ship on 8 December 2022.
The incident sparked a major search and rescue operation, followed by a huge recovery effort to raise the wreck from the seabed. Mr Michieli's body was not found until the following April.
Jervis Baligat, Michael Michieli and Larry Simyunn
The collision occurred around four miles off St Ouen's Bay, just past the halfway point between Long Banks and Corbiere.
Visibility was good when the Commodore Goodwill, which was carrying 24 crew and four passengers, and the L'Ecume II collided at 5:25 am.
The fishermen were heading to Long Banks, northwest of Grosnez, to fish for skate.
The L'Ecume II, with [inset] skipper Michael Michieli. Credit: Max Burnett
The Goodwill was running 35 minutes late from Guernsey to Jersey and was travelling at full speed to make up for time.
Lewis Carr was navigating the ship, as Captain Radoslaw Zelazny was on a mandatory rest break.
The Commodore Goodwill's damaged bow and an illustrative sketch of the collision
The Commodore Goodwill, damaged after the collision. Credit: James Roberts
Prosecuting, Crown Advocate Matthew Maletroit had told the trial the crash was due to a 'catalogue of failings' by the former second officer and the lookout, and that they did not keep a proper watch whilst on the Goodwill's bridge, resulting in them failing to monitor the L'Ecume II's position.
He also told the jury they did not follow their contracted duties.
This included leaving the bridge manned by one person when Sevash-Zade went for a 10-minute breakfast after his shift started, by signing paperwork ahead of schedule, and by neglecting to 'think aloud' and communicate potential dangers or decisions with each other, such as L'Ecume II's proximity to the freight ship.
The court also heard that the fishing trawler showed up on the ship's radar 10 minutes before the collision.
However, the sound alert for the warnings had been turned off. Giving testimony, Lewis Carr said he had never heard the audio warning in the two years he had worked onboard the Goodwill.
Central to the case was whether the L'Ecume II was displaying her fishing lights, which would have compelled the Goodwill, under maritime rules, to give way to her.
Prosecutors claimed Mr Michieli always had them on, even if the fishing gear was not deployed, so that his boat would be more visible to big ships.
Skipper Michael Michieli at the helm of the L'Ecume II. Credit: Max Burnett
Questioned by his own defence advocate, Simon Thomas, about the L'Ecume II's fishing lights, Mr Carr said he did not remember seeing them.
He said he believed the L'Ecume II was the vessel required to give way, as it was not fishing, and told the court the collision 'could've been avoided'.
Mr Carr told the jury that he followed Rule 17(b) of the COLREGs, which states:
When, from any cause, the vessel required to keep her course and speed finds herself so close that collision cannot be avoided by the action of the give-way vessel alone, she shall take such action as will best aid to avoid collision.
- COLREGs
Lewis Peter Carr, former second officer on the Commodore Goodwill.
Defence lawyers said the lights might have been broken, and the fishermen, unaware they were not working, could have created confusion over which vessel should change course.
Giving evidence, Carr's co-accused, Artur Sevash-Zade, described seeing from the bridge window the moment the two vessels collided.
He told the jury he had returned from taking the covers off the bridge wing control panels and raising the flags, and said to Lewis Carr, 'Is this {expletive} guy sleeping?' to raise his concern about the L'Ecume II crossing the ship's course.
In closing statements, Advocate Thomas said the mistakes made on the bridge that day were not enough to convict his client of the very serious charge of gross negligence manslaughter, while Advocate Mike Preston, representing Mr Sevash-Zade, said he was subordinate under Mr Carr's command, and that 'no evidence was sufficient' to convict him of the manslaughter charges.
After a day and half of deliberation, the jury of eight men and four women was instructed it could return a majority, rather than a unanimous, verdict.
The jury returned three not guilty verdicts for Artur Sevash Zade. No verdict could be reached on the lesser charge.
The court later reconvened, with judge Sir John Saunders formally discharging the jury on Lewis Carr's manslaughter charges.
"It has become apparent in the case of Mr Carr that you won't come to a decision."
On the less serious Shipping Law breach in respect of Lewis Carr, the jury returned a unanimous verdict.
He will be sentenced on 4 December.
On conclusion of the case at Jersey's Royal Court, Jersey Police said their thoughts remain with the families of the three fishermen.
Senior Investigating Officer Andy Shearwood said:
"We have three people who have lost their lives in this collision. We should never forget them."
“This was one of the most complex investigations the States of Jersey Police has ever undertaken.
"Under ‘Operation Nectar’ and alongside the Law Officers’ Department, the States of Jersey Police worked tirelessly to establish the facts and bring this matter before the court.
“While today’s verdict will not undo the events of that morning, we hope the conclusion of this trial provides some measure of closure for families and allows our community to begin moving forward.”
Earlier Channel 103 coverage of the trial:
L'Ecume II: Jury retires to consider its verdicts
L'Ecume II: 'It could've been avoided'
L'Ecume II: Accused former Second Officer takes the stand
L’Ecume II: Commodore Goodwill Captain recounts morning of collision
L'Ecume II: "One of the most knowledgeable fishermen" worried about large vessels
L’Ecume II: Jury shown radar images in the moments leading up to collision
Court hears L'Ecume II should have been spotted 10 minutes before collision
L'Ecume II: Ferry lookout cleared of manslaughter
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L'Ecume II: Jury retires to consider its verdicts
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