Friday, 9th January 2009

News from the Guernsey Press

Injured fisherman starts action against skipper

A FISHERMAN who lost his right hand while fishing off Guernsey seven years ago is claiming the boat’s skipper was responsible for the accident. Paul Stone, who was 21 when he lost his hand, yesterday started civil proceedings in the Royal Court against former skipper Mark Hickman.

Mr Stone’s advocate, Jeremy Wessels, said liability for the accident was still in dispute and that the hearing would determine whether Mr Hickman was responsible.

The accident occurred on 17 May 2000 when the two men were fishing for crabs with another man, Nick Nagy, on board Mr Hickman’s boat, the Janette Elaine.

Mr Hickman was at the helm, while Mr Stone and Mr Nagy were working together, ’shooting’ pots into the sea.

Mr Nagy was rolling them along the deck to Mr Stone, who was lifting them onto the shooting table.

Conditions were bumpy and the wind speed was force four to five.

As Mr Stone placed one of the pots onto the table, it fell back to the deck. He picked it up to put it back when he felt a rope grip around his wrist.

Mr Stone said he was worried he was going to be pulled overboard and secured his feet against the side of the boat. He also tried to shake his arm free. The next thing he felt was the tension around his arm release as the crab pot dropped into the sea.

He looked to continue fishing until he saw the blood coming from his arm.

Advocate Wessels said at no point during the incident did his client notice the speed of the boat reduce even though the process of the crab pots going into the water was dictated by the tension built up in the main string weighed down in the sea and by the speed of the boat.

It was not until Mr Stone knocked on the window of the wheelhouse, where Mr Hickman was, that the vessel stopped.

Advocate Wessels said the process used on the Janette Elaine to put 65 crab pots into the sea in eight minutes was not a safe system and was high risk.

He added that the responsibility for the accident lay with Mr Hickman because he had been negligent. He had duties as the owner of the vessel, as Mr Stone’s employer and under the health and safety law, added Advocate Wessels.

Mr Stone, who had been a fisherman since leaving school at the age of 15, gave evidence yesterday.

He suffers from congenital fibrosis in his left side, which means his has limited use of the muscles in his left arm.

He had worked for a number of different skippers and described Mr Hickman as an average one who was very keen.

However, he added that in comparison with other boats he had worked on, he thought the crab pots on Mr Hickman’s were ‘in a bit of a mess’.

Advocate Wessels explained that the reason why the matter had taken seven years to come to a hearing was because Mr Stone had been jailed for three years and nine months in September 2003 for his part in a failed drugs run.

The hearing continues today.

Article posted on 30th May, 2007 - 12.00am

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