Swedish prosecutors have officially charged the captain and pilot of the Norwegian cargo ship Misje Verde following a collision with a pleasure boat near Tjörn last month that resulted in the deaths of two people.
These charges are a significant step in the investigation into the accident that occurred on July 28. The fact that the Swedish pilot is facing prosecution is notable.
Both men have been charged with causing death through negligence, causing bodily injury through negligence, and negligence in maritime traffic. They both deny any wrongdoing.
The charges stem from an investigation that found the pleasure boat was visible on the cargo ship's radar before Misje Verde overtook and hit it.
According to the indictment, the captain and pilot did not keep a proper lookout as required by Rule 5 of the International Regulations for Preventing Collisions at Sea (COLREGs). This led to Misje Verde failing to stay clear of the slower-moving pleasure boat. Rule 13 states that a vessel that is overtaking must keep clear of the vessel being overtaken.
The accident happened in Hakefjord, southwest of Gothenburg, while both Misje Verde and a 7-8 meter cabin motorboat were heading in the same direction. The cargo ship approached from behind and struck the smaller vessel, sinking it in about 20 meters of water between Katten and Lövön islands.
There were four people on the pleasure boat. An adult and a child were rescued by nearby boaters, while another adult and child lost their lives.
VDR Sheds Light on Events on the Bridge
The charges come after investigators reviewed the Voyage Data Recorder (VDR) from Misje Verde, which provided detailed insights into what was happening on the bridge before the collision.
Senior Prosecutor James von Reis stated that investigators have now established what was visible on the ship's radar displays in real time, what was discussed on the bridge, and how roles were divided between the captain and the pilot.
Prosecutors emphasized that the pleasure boat was clearly visible on radar but was overlooked by both individuals involved.
“We now have clear evidence of what was visible on the radar screens and what was communicated on the bridge,” von Reis explained. “The division of responsibilities between the captain and pilot is clearer now, particularly the fact that the pleasure boat was visible as a radar echo, which both defendants missed.”
The VDR findings have helped clarify some questions investigators were considering earlier, including the responsibilities of both the captain and pilot.
Pilot Played an Active Role
Misje Verde was operating under mandatory pilotage at the time of the incident, with a pilot provided by the Swedish Maritime Administration.
Prosecutors named the pilot as a suspect on August 6 after determining that he played an active role in navigating the ship, which may implicate him in the collision.
Von Reis noted that the investigation warranted charges against both men.
“It is uncommon for a pilot to be prosecuted in a maritime accident involving the vessel they are piloting,” von Reis noted. “In this case, the investigation showed that the pilot was very active in navigating the ship while the captain handled other duties unrelated to navigation.”
At the time of the collision, only the captain and pilot were present on the bridge.
The investigation initially considered various possible violations of COLREGs, including whether heavy rain affected visibility enough to invoke Rule 19, which pertains to navigation in reduced visibility. Authorities also looked into Rule 35 regarding the lack of prescribed signals for restricted visibility.
However, the indictment focuses specifically on Rules 5 and 13, alleging that the bridge team failed to notice and avoid the overtaken vessel.
Prosecutors highlighted that the investigation was completed relatively quickly, considering the seriousness and complexity of the accident, thanks to early access to AIS and GPS data as well as the VDR from the cargo ship.
The trial is set to begin on September 10.