Port of London authority and captain found not guilty after Gravesend man's river death
13:38, 03 December 2019
updated: 14:40, 03 December 2019
A tugboat captain and the Port of London Authority (PLA) has been found not guilty of a health and safety breach after an engineer died.
Darren Lacey from Gravesend, was killed when the Chiefton tug capsized and sank near Greenwich Pier on August 12, 2011, after crashing into a crane.
The trial comes nearly a decade since Mr Lacey, an engineer on the tug, fell off the boat and drowned.
The 40-year-old was one of three people to fall off the tug in the accident.
But rescuers managed to pull two other men, one of whom was the tugboat captain Roy Goatham, from the water while Mr Lacey could not be found.
His body was found three days later in the river.
Following a seven-week trial at Snaresbrook Crown Court, in London, Mr Goatham, 64, the PLA, Palmers Marine Services and Ravestein VB, a shipyard construction company based in the Netherlands, were all cleared after being charged by the Maritime and Coastguard Agency (MCA) last year.
Ravestein VB owned the 60-metre crane barge which the ship hit before sinking.
The tug had been pulling the crane along the river before it capsized just before 11pm.
During the trial, prosecutor Mark Watson, QC, claimed Mr Lacey wasn't wearing his life jacket "in the proper way" and there was "a catalogue of failings leading to his death".
Mr Watson added: "Ravestein BV was the owner of the Skyline 19 barge and it had been using the barge to carry out construction work on the River Thames.
"The case was extraordinary in many respects not least for the shocking eight year delay..." Richard Morris
“The Port of London Authority are the authority responsible for the control of navigation on the River Thames from London down-river to the east.
“Both of these organisations had responsibility for the planning and management of the tow operation in 2011.
“The prosecution allege that by failing to properly plan and manage the tow, both Ravestein and the PLA were in breach of their legal obligations with regard to safety of the workers involved in that operation."
But on Friday, all four defendants were unanimously cleared by the jury at Snaresbrook Crown Court.
Richard Morris, who defended Palmers Marine Services with Catriona Boyd, said there was "unwarranted criticism" of the Chiefton following the accident.
He added: "The case was extraordinary in many respects not least for the shocking eight-year delay in bringing the prosecution and the loss of vital physical evidence by the crown.
"The MCA failed to provide any proper explanation for this delay and it is difficult to see how these unsuccessful prosecutions can be considered a good use of public money."
Mr Morris also added Mr Goatham, who is also from Gravesend, was "over the moon" following the result.
Spokesman for the PLA, Martin Garside, said: “The sinking of the Chiefton in 2011 was a tragic accident. It caused the death of crew member Darren Lacey – a respected member of the Thames community.
“This trial examined all aspects of the sequence of events which preceded this tragedy eight years ago.
“The jury was asked whether the PLA had failed to ensure the safety of its workers and others involved in the towing operation so far as reasonably practicable. The jury found the PLA had not failed in this regard and was therefore not guilty.
“Immediately following the accident the PLA reviewed all procedures for the conduct of such tows. The PLA also took actions detailed in the independent Marine Accident Investigation Branch (MAIB) report of 2012 into the accident.
"The PLA extends its sympathy again to Darren’s family. The court case will have been a very difficult and painful time for them and we acknowledge the bravery and dignity they have shown throughout. Everyone at the PLA sends their sympathies to Mrs Lacey and her family. We are very sorry for their loss."
