The Crown Office has confirmed that no criminal proceedings are to be taken over the capsizing of an offshore supply vessel off Shetland which claimed the lives of eight on board.
The Bourbon Dolphin was carrying out an operation to shift the anchor of a drilling rig during April 2007 when the anchor chain slid across the side of the deck dragging the vessel over. The two main engines stopped and the vessel soon capsized. It sank days later.
The commission set up to investigate the incident had raised concerns about the ability of the vessel and the crew to handle such large anchors in deep water. Bourbon Offshore was fined £500,000 in Norway as the ship's captain was given insufficient time (only 90 minutes) to learn about the vessel, crew and the operation.
An inquiry found safety failings but last night the Crown Office confirmed that no one will face criminal charges due to insufficient evidence. A Crown Office spokesperson stated "after extensive investigation by our specialist health and safety division, including interviews with key witnesses, and careful consideration of all the facts and circumstances, Crown Counsel has concluded there should be no proceedings against the companies reported due to there being insufficient evidence."
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 11/06/2012.
