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High Court Hearing regarding collision in 2019

Joaquin Maria Antelo Madale, the captain of the fishing trawler Kirrixhi' has told the High Court he did not hear the bulk carrier 'Hua Sheng Hai' sounding its warning whistle before the two vessels collided off the Kerry coast on Oct 11, 2019. He also received no radio communications from the bulk carrier which was on its way with a 44,000 tonne cargo of bauxite to Aughinish Alumina in Limerick when the collision occurred around midnight about 24 nautical miles northwest of Inishtearagh Lighthouse on one of the Blasket Islands. The Hua Sheng Hai Ltd, which had chartered the bulk carrier from a subsidiary of the Chinese Cosco group, said the trawler skipper was not watching where he was going in what it alleges was the "worst possible watch-keeping standard". MV Rochelaise de Peche SA, the owners of the 'Kirrixhi', replied it was the bulk carrier which failed to keep a proper look-out in circumstances where it spotted the trawler some distance away and failed to properly assess the trawler's position. The bulk carrier failed to observe "give way" rules for fishing boats, failed to properly monitor the trawler movements and failed to have regard to the size of the Kirrixhi, it has been claimed. On the third day of the case, Capt. Madale (59), who commanded the 'Kirrixhi' until it was damaged in a fire shortly after the collision while under repair in Spain, gave evidence via video link and through a Spanish interpreter. He told the 'Kirrixhi' owners' counsel, Glen Gibbons SC, that there had been an engine problem, which was fixed before the operation to put the nets into the sea commenced. He told how he was overseeing what can be a dangerous operation involving the letting out of 650 metres of cable which, if it went wrong, could result in injury to a crew member or damage to gear. The vessel had had its "not under command" lights on while being repaired and drifting and its "at fishing" lights on when it began to let out the nets. There were no communications from the merchant ship and the trawler's international radio channel was on at the time, he said. The bulk carrier was obliged under the rules of the sea to give way to boats which are fishing "like so many merchant ships which passed us by have done", he said. Cross-examined by David Conlan Smyth SC, for the 'Hua Sheng Hai' owners, about who was on look-out on the trawler that night, he said they did not have a look-out as all 10 crew members were needed in the fishing operation. The counsel put it to him that he was engaged in a dangerous activity and he was looking backwards but not forwards. Capt. Madale said: "There were no boats at all in front of our vessel when we started setting the (fishing) gear and we focussed our attention on that". The counsel replied: "If you chose to look, you would have seen the Hua Sheng Hai". The master stated that he could not say whether he would have seen it or not because he was working on setting the gear. "But if I had seen it I would have tried to do some sort of manoeuvre," he said. He also said he had seen the merchant ship seven miles away earlier and would have expected it to have seen them when they started fishing. The case continues.

Bulkcarrier in collision with trawler

The 'Hua Sheng Hai' was in collision with the French trawler 'Kirrixki' off the Kerry coast on Oct 12, 2019, around 1 a.m. while en route from Mindelo to Aughinish Alumina. The trawler suffered serious bow damages, one crew member was injured and in need of hospital treatment. At 1.17 a.m. the Valentia Coast Guard requested the Valentia RNLI all-weather lifeboat to launch to the injured fishermen. The vessel with a crew of nine on board was 37 miles North West of Valentia. At the location there was a four metre swell with a south west wind force three to four. The lifeboat crew assessed the situation taking into to consideration the condition of the fishermen and weather. It was decided the best and safest option was to escort the fishing vessel to Dingle Harbour. The crew then assisted the National Ambulance Service in immobilising and transferring one fisherman from the vessel to the ambulance. The fisherman was then taken to University Hospital Kerry for further medical attention. In total the volunteer crew was at sea for seven hours. The trawler reached Dingle and remained stationary as of Oct 17. The bulk carrier was anchored off Kilrush, west of Aughinish, in pos. 52° 35.71' N 009° 35.80' W, waiting for permission to berth. The bulk carrier discharged its cargo from Oct 28 until Nov 3 at 6 p.m. in the port of Foynes. Report with photo: https://rnli.org/news-and-media/2019/october/12/valentia-rnli-comes-to-the-aid-of-fisherman-following-collision

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