The former second officer in control of the Commodore Goodwill when it collided with a trawler, killing three fishermen, has been sentenced at Jersey's Royal Court.
Lewis Carr has been jailed for 20 months.
Judge Sir John Saunders said the court acknowledged that he was feeling 'under pressure as the ferry was running late', but that he failed to make appropriate use of the considerable amount of radar and collision avoidance equipment that he had, and of the lookout.
He continued to say: 'Perhaps most importantly, he failed to devote all his attention to avoiding a collision. He divided his attention so that he reacted too late to what was happening in front of him.'
He also said that whilst Carr was spoken highly of 'as a man and a worker', that the sentence needs to 'take into account the harm that Lewis Carr has caused.' Three men have lost their lives; their families are feeling and will continue to feel the pain of their loss, which has been devastating.'
The 30-year-old from Sunderland was convicted in September of conduct endangering lives or ships, an offence under Jersey Shipping Law which carries a maximum prison sentence of two years.
L'Ecume II skipper Michael Michieli (62) and his crewmen Jervis Baligat (31) and Larry Simyunn (33) drowned when their fishing vessel sank on impact with the Goodwill on 8 December 2022.
A jury deliberated for three days and failed to reach a verdict on three counts Carr faced of gross negligence manslaughter.
At the time of the fatal collision, he was navigating the freight ship while its Captain, Radoslaw Zelazny, was on a mandatory rest break.
A complex three-week long trial heard he had failed to keep proper watch and take the necessary action to avoid hitting the boat.
Prosecutor Crown Advocate Matthew Maletroit told today's sentencing hearing that Carr didn't use the most accurate systems for making decisions to avoid a collision, failed to maintain a safe speed and was 'dangerous and irresponsible' in sending the ship's lookout for breakfast, meaning he was alone on the bridge for up to 15 minutes while the vessels neared each other in the darkness.
The Crown asked for a custodial sentence to be imposed near to the maximum, of 23 months.
The defence said this was 'simply too high', and that, if the sentencing was to be pitched 'in a particular range', the larger time should be for 'deliberate' negligent conduct. It said that Carr did take steps to avoid the fishing vessel, and did attempt to interact with the radar.
Jervis Baligat, Michael Michieli and Larry Simyunn
Evidence presented to Jersey's Royal Court during the trial showed the fishing trawler showed up on the ship's radar ten minutes before the collision on 8 December 2022. The sound settings for the collision warnings and the watch alarm were turned off on the ship's navigation system.
Giving testimony at his trial, 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.
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.
Prosecutors claimed the skipper, Michael Michieli, always had them on, even if the fishing gear was not deployed, so that his boat would be more visible to big ships.
The L'Ecume II, with [inset] skipper Michael Michieli. Credit: Max Burnett
The collision occurred around four miles off St Ouen's Bay, just past the halfway point between Long Banks and Corbiere at 5:25 am.
The Goodwill was running 35 minutes late from Guernsey to Jersey and was travelling at full speed to make up for time.
The fishermen were heading to Long Banks, northwest of Grosnez, to fish for skate.
The Commodore Goodwill's damaged bow and an illustrative sketch of the collision
Following the collision, the L'Ecume II wreckage sank 40 metres, and a major rescue operation was launched to find the fishermen.
Several days later, the fishing trawler's crewmen, Jervis Baligat and Larry Simyunn, were recovered from the sea. Mr Michieli's body was not found until the following April.
Artur Sevash Zade, the lookout on the ship on the morning of the collision, was acquitted in September of the manslaughter charges against him. No verdict could be reached on the lesser Shipping Law offence.
On conclusion of the trial in September, Jersey Police said their thoughts remain with the families of the men.
Senior Investigating Officer Andy Shearwood said:
"We have three people who have lost their lives in this collision. We should never forget them."
“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.”
Channel 103's 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
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