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Sunken fishing boat boss in court Sunken fishing boat boss in court
(about 5 hours later)
The former employer of seven fishermen who drowned when the Solway Harvester sank more than eight years ago has appeared in a Scottish court. A fishing boat which sank with the loss of the seven men on board had flooded twice in the three years before it went down, a court has heard.
Richard Gidney was ordered to give evidence after he refused to attend the reopened inquest on the Isle of Man. The Solway Harvester sank off the Isle of Man in January 2000, with the loss of all of its crew.
Mr Gidney was acquitted of manslaughter charges three years ago when a judge ruled there was "no case to answer". Its owner, Richard Gidney, was ordered to give evidence at Kirkcudbright Sheriff Court after he refused to attend the inquest on the Isle of Man.
He faced arrest if he failed to appear at the hearing in Kirkcudbright Sheriff Court, which could last several days. He told the court he was not aware of the flooding episodes at the time.
The Solway Harvester sank off the Isle of Man on 11 January, 2000, with the loss of all seven crew on the Kirkcudbright-based dredger. The 43-year-old was acquitted of manslaughter charges in 2005, when a judge ruled there was no case to answer.
The following year Mr Gidney failed to attend the inquest. The Court of Session then granted the Isle of Man coroner Michael Moyles a petition, forcing him to appear as a witness.
On the first day of the hearing he faced questioning from Andrew Smith QC, acting on behalf of the coroner.
VICTIMS OF THE SOLWAY HARVESTER SINKING Skipper Craig Mills, 29Robin Mills, 33, Craig's brotherDavid Mills, 17, Craig's cousinMartin Milligan, 26John Murphy, 22David Lyons, 18Wesley Jolly, 17VICTIMS OF THE SOLWAY HARVESTER SINKING Skipper Craig Mills, 29Robin Mills, 33, Craig's brotherDavid Mills, 17, Craig's cousinMartin Milligan, 26John Murphy, 22David Lyons, 18Wesley Jolly, 17
The fishermen who died all came from near the village of Isle of Whithorn, in Dumfries and Galloway. It was the first time family and friends of the crew who died had heard from the vessel's owner.
Mr Gidney went on trial on the Isle of Man for manslaughter in 2005 but was acquitted. When asked why he would not give evidence previously, Mr Gidney said he had been given legal advice not to.
An official inquest opened in November 2006 but Mr Gidney did not appear. But when pressed by the QC, he added: "I feel that people are out to put all the blame on me."
He was still absent at a further sitting of the inquest, prompting the Manx coroner Michael Moyle to issue a strongly-worded statement expressing "concern and displeasure". Mr Smith put it to the witness that the Solway Harvester had experienced difficulties with flooding in September 1997 and shortly before Christmas in 1999.
Mr Moyle then petitioned the Court of Session in Edinburgh to see if Mr Gidney could be forced to give evidence. Water in parts of the boat reached 2ft deep on both occasions, Mr Smith said.
Monday's hearing is taking place before Sheriff Principal Brian Lockhart. Mr Gidney told the court that while he was aware of the incidents now, he had not been made aware of them at the time.
Referring to the 1999 incident, Mr Smith put it to the witness: "Why would it be, Mr Gidney, that you would be completely unaware of this very serious incident?"
Mr Gidney replied: "Nobody told me."
Submarine involvement
Asked what he would have done if he had known about the flooding, Mr Gidney replied: "I would have investigated it and ensured that it wouldn't happen again."
The court also heard the boat last had a full safety check in 1996, about four years before it went down.
All of the men who died were from the close-knit village of the Isle of Whithorn in Dumfries and Galloway.
In the wide-ranging question and answer session, Mr Gidney went on to deny accusations of "insensitivity" towards the victims' families.
He admitted being party to a plan to have a boat called the Solway Ranger travel to the area where the Harvester went down, just days after it sank.
He said there were rumours of submarine involvement in the sinking and the boat was "trying to find answers".
Mr Smith suggested the boat could have brought up one of the bodies of the young men when it was dredging around the area.
"I certainly didn't think that," Mr Gidney said.