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Overview
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Introduction
The motor fishing vessel Trident was lost at sea on 3rd October 1974 with all seven crew. A Formal Investigation into the cause of the loss was held in 1975, resulting in a Report of Court dated 12th September 1975 which concluded that it was probable that she took aboard a sea or succession of seas and foundered, the precise causes of the casualty being unascertainable.
Following the discovery of the wreck in 2001, the then Secretary of State for Transport, Stephen Byers, ordered, on 28 March 2002, that the Formal Investigation be re-opened as new and important evidence had been discovered.
Current Position
The Re-Opened Formal Investigation (“RFI”) into the loss of MFV Trident commenced on 19th October 2009 before the Sheriff Principal of Grampian, Highland and Islands, Sir Stephen Young QC, Bt, assisted by two assessors, Mr Fred G Normandale, skipper, and Mr N MacWhirter, naval architect
. It sat for 17 days before adjourning on 17th November 2009.
The RFI reconvened on 22nd February and sat for a further 23 days before adjourning on 30th March 2010. The third and final diet of evidence was heard when the RFI reconvened on Tuesday 25th May 2010, sitting for 12 days until 14th June.
Closing submissions were heard on 12th, 13th and 14th July 2010. Court proceedings have now closed and the RFI has adjourned to allow the Sheriff Principal to prepare the Report of Court.
Parties to the RFI
The parties represented at the close of Court proceedings were:
- The Advocate General for Scotland
- Mrs Wilma Tait
- The family and relatives of Alexander Mair
- The Sea Fish Industry Authority
- David Tait (majority owner of the Trident)
- Andrew Cumming (designer of the Trident)
Relatives of Alexander Ritchie (part owner of the Trident), George Nicol, Thomas Thain, Alexander Summers and Robert Cordiner were previously represented at the RFI, but withdrew their involvement before Court proceedings were closed.
The Advocate General is responsible for presenting all of the relevant evidence to the RFI. A Joint Panel of Experts (“the JPE”) was established with a remit to investigate and report upon the most likely probable cause of the loss of the Trident. Each party to the RFI appointed an expert to sit on the Panel and represent their interests, with the exception of Mr Andrew Cumming.
The Joint Panel of Experts
The JPE comprises:
Mark Keenor (Chairman) |
Master Mariner |
Advocate General for Scotland |
William Boyd |
Naval Architect |
Advocate General for Scotland |
Marten Pullinger |
Naval Architect |
Family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Graeme Bowles |
Master Mariner |
Family and relatives of Alexander Mair |
David Duffield |
Master Mariner |
Family and relatives of Alexander Mair |
Tony Tait |
Ship Surveyor |
Sea Fish Industry Authority |
Professor Colin MacFarlane |
Naval Architect |
David Tait (majority owner of the Trident) |
Anthony York |
Naval Architect |
David Tait (majority owner of the Trident) |
The JPE findings are recorded in their formal Report, which was lodged as a production for the Advocate General. This formed the basis of the evidence being presented to the RFI by the Advocate General, which evidence was concluded on 22nd March 2010 and formally closed on 14th June 2010.
Other Experts
In addition to the JPE members, five additional experts have been instructed, either independently or on behalf of the JPE. These are:
Dr Stephen Barstow |
Ocean Wave Climatologist |
Instructed by the JPE to provide a Hindcast Report estimating the weather and sea conditions at the time of the loss of the Trident |
John Blackwood |
Meteorologist |
Instructed by Professor Colin MacFarlane on behalf of David Tait to provide a Hindcast Report estimating the weather and sea conditions at the time of the loss of the Trident |
Dr Christian Schmittner |
Naval Architect |
Instructed by the JPE to perform model testing of the Trident in the estimated loss conditions |
Maurice Napier |
Naval Architect |
Instructed by the family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
David Westmore |
Naval Architect |
Instructed by Andrew Cumming |
Evidence heard
The following witnesses gave evidence at the RFI:
Day 1 |
19 October 2009 |
Advocate General’s opening statement
No evidence heard |
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Day 2 |
21 October 2009 |
Mark Keenor
David Duffield |
Advocate General |
Day 3 |
22 October 2009 |
Tony Tait |
Advocate General |
Day 4 |
23 October 2009 |
Tony Tait
Graeme Bowles |
Advocate General |
Day 5 |
26 October 2009 |
Graeme Bowles |
Advocate General |
Day 6 |
27 October 2009 |
Graeme Bowles |
Advocate General |
Day 7 |
28 October 2009 |
No evidence heard |
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Day 8 |
29 October 2009 |
Dr Stephen Barstow |
Advocate General |
Day 9 |
3 November 2009 |
John Blackwood |
Advocate General |
Day 10 |
4 November 2009 |
Professor Colin MacFarlane |
Advocate General |
Day 11 |
9 November 2009 |
No evidence heard |
Advocate General |
Day 12 |
10 November 2009 |
David Duffield
Anthony York |
Advocate General |
Day 13 |
11 November 2009 |
Dr Christian Schmittner |
Advocate General |
Day 14 |
12 November 2009 |
Dr Christian Schmittner |
Advocate General |
Day 15 |
13 November 2009 |
Dr Christian Schmittner |
Advocate General |
Day 16 |
16 November 2009 |
William Boyd |
Advocate General |
Day 17 |
17 November 2009 |
No evidence heard |
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Court adjourned until 22nd February 2010 |
Day 18 |
22 February 2010 |
No evidence heard |
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Day 19 |
23 February 2010 |
Anthony York |
Advocate General |
Day 20 |
24 February 2010 |
No evidence heard |
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Day 21 |
25 February 2010 |
Tony Tait |
Advocate General |
Day 22 |
26 February 2010 |
Tony Tait |
Advocate General |
Day 23 |
1 March 2010 |
William Boyd |
Advocate General |
Day 24 |
2 March 2010 |
William Boyd |
Advocate General |
Day 25 |
3 March 2010 |
William Boyd |
Advocate General |
Day 26 |
4 March 2010 |
William Boyd
Professor Colin MacFarlane |
Advocate General |
Day 27 |
5 March 2010 |
Professor Colin MacFarlane |
Advocate General |
Day 28 |
8 March 2010 |
Professor Colin MacFarlane |
Advocate General |
Day 29 |
9 March 2010 |
Professor Colin MacFarlane |
Advocate General |
Day 30 |
10 March 2010 |
Professor Colin MacFarlane
Hector Sutherland (interposed) |
Advocate General
The family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Day 31 |
16 March 2010 |
Dr Christian Schmittner |
Advocate General |
Day 32 |
17 March 2010 |
Dr Christian Schmittner
Professor Colin MacFarlane |
Advocate General |
Day 33 |
18 March 2010 |
Professor Colin MacFarlane |
Advocate General |
Day 34 |
19 March 2010 |
Professor Colin MacFarlane
Mark Keenor |
Advocate General |
Day 35 |
22 March 2010 |
Mark Keenor
Marten Pullinger |
Advocate General
The family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Day 36 |
23 March 2010 |
Marten Pullinger |
The family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Day 37 |
25 March 2010 |
Marten Pullinger |
The family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Day 38 |
26 March 2010 |
Marten Pullinger |
The family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Day 39 |
29 March 2010 |
Marten Pullinger
Maurice Napier |
The family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Day 40 |
30 March 2010 |
Maurice Napier |
The family and relatives of Alexander Ritchie, George Nicol, Thomas Thain, Alexander Summers, James Tait and Robert Cordiner |
Court adjourned until 25th May 2010 |
Day 41 |
25 May 2010 |
Robert Ritchie |
Mrs Wilma Tait and Mrs Marjorie Mitchell |
Day 42 |
26 May 2010 |
Maurice Napier |
Mrs Wilma Tait and Mrs Marjorie Mitchell |
Day 43 |
27 May 2010 |
Maurice Napier |
Mrs Wilma Tait and Mrs Marjorie Mitchell |
Day 44 |
31 May 2010 |
Maurice Napier |
Mrs Wilma Tait and Mrs Marjorie Mitchell |
Day 45 |
2 June 2010 |
Maurice Napier |
Mrs Wilma Tait and Mrs Marjorie Mitchell |
Day 46 |
3 June 2010 |
Maurice Napier
William Reid |
Mrs Wilma Tait and Mrs Marjorie Mitchell |
Day 47 |
4 June 2010 |
Ernest Wood
Peter Johnstone
Tony Tait |
Mrs Wilma Tait and Mrs Marjorie Mitchell
Sea Fish Industry Authority |
Day 48 |
7 June 2010 |
Tony Tait |
Sea Fish Industry Authority |
Day 49 |
8 June 2010 |
Andrew Cumming |
Andrew Cumming |
Day 50 |
10 June 2010 |
Andrew Cumming |
Andrew Cumming |
Day 51 |
11 June 2010 |
Andrew Cumming |
Andrew Cumming |
Day 52 |
14 June 2010 |
Professor Colin MacFarlane |
Advocate General |
Court adjourned until 12th July 2010 (Evidence closed) |
Closing submissions were heard on the following dates:
Day 53 |
12 July 2010 |
Ailsa Wilson QC
Roddy Thomson QC |
Advocate General
Wilma Tait |
Day 54 |
13 July 2010 |
Geoff Mitchell QC
Roddy Thomson QC
Nick Ellis QC
Malcolm Scott QC
Stuart Gale QC |
The family and relatives of Alexander Mair
Wilma Tait
Sea Fish Industry Authority
David Tait
Andrew Cumming |
Day 55 |
10 June 2010 |
Ailsa Wilson QC
(in response) |
Advocate General |
Court adjourned to allow for preparation of the Report of Court |
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