“NO sentence can undo the tragic events” of a maritime collision that killed three fishermen in December 2022, a judge ruled yesterday as a former Condor crew member was sentenced to 20 months’ imprisonment – bringing an end to one of the most complex investigations in Jersey’s history.
Lewis Carr (31) was convicted of conduct endangering ships, structures and individuals under the Shipping (Jersey) Law 2002, almost three years after he was at the helm of the Commodore Goodwill when it struck fishing trawler L’Ecume II.
The collision on 8 December 2022 took the lives of the L’Ecume II’s three crew members: skipper Michael Michieli (62), Larry Simyunn (33) and Jervis Baligat (31).
His conviction followed a four-week trial in September, alongside his colleague, Artur Sevash-Zade (35). Mr Sevash-Zade was cleared of manslaughter.
The jury couldn’t make a decision on a more serious manslaughter charge for Carr.
During yesterday’s sentencing hearing, the court heard from family members of all three men.
Clare Michieli, Mr Michieli’s wife, asked jurors to look at a picture of the fishing boat as it would have looked when it set out in the morning, and one of the wreckage recovered from the sea.
“I ask the court, look at these photographs… and ask: how do you describe the impact of this crime?”
She described being “exposed repeatedly” to details of the collision and questions about her late husband’s fishing lights, adding: “All of this could have been avoided if the defendants had done their duty properly.”
She said Carr hadn’t accepted his “own wrongdoings”.
Crown Advocate Matthew Maletroit, prosecuting, read out statements from Mr Simyunn’s family. They described him as “a loving, kind and good provider.
“It was his dream to work in Jersey and he worked hard in order to earn a good salary and to provide for his family,” they wrote.
In addition to the “emotional harm”, the advocate added, his family had made a financial loss as Mr Simyunn supported his family.
His family added that while Carr “can still be visited in prison”, Mr Simyunn “cannot be visited… he is gone”.
Mr Baligat’s family said they felt “profound shock and sorrow”.
They described how “the day of the incide [was] the most devastating day our our life”.
“No amount of words could really express the pain and sorrow we went through with that incident,” they added.
Crown Advocate Maletroit said it was “the cumulative effect” of a number of failings by Carr that caused the collision.
A second officer, Carr was the most senior officer of the two who were on the bridge at the time of the collision.
He used reconstructions of the routes taken by both vessels in the moments before the collision as well as 360-degree photography of the bridge of the Goodwill to show how Carr had been negligent.
Advocate Simon Thomas, defending, said Carr accepted he had made errors and had written in a letter: “I recognise the pain and anger felt by the families and I can only say that I am truly sorry for their loss and the part I played [in it]”.
Advocate Thomas added that Carr had suffered from PTSD and depression as a result of the collision, and that it was “unclear” whether he could work as a seafarer again – a career he had “long dreamed of doing”.
Delivering the sentence, which was the first in Jersey’s history to be allowed to be filmed and broadcast, Commissioner Sir John Saunders acknowledged that Carr was under pressure at the time of the collision as the ferry was running late, and he had been told to get to Jersey as quickly as possible.
However, he noted that the sentence “needs to take into account the harm that Lewis Carr has caused”.
“Three men have lost their lives; their families are feeling and will continue to feel the pain of their loss which has been devastating,” the Commissioner said.
“That said, the sentence we pass is not intended to measure or reflect that loss. No sentence can undo the tragic events that have happened nor can any sentence we can impose make it easier for the families to come to terms with their loss.”
Family Liaison Officer Coordinator DI Lisa May told the JEP that her team had faced challenges working with the families of Mr Simyunn and Mr Baligat overseas and were thankful for the support received from translators, in addition to members of Jersey’s Filipino community.
“We sought to have their confidence that we were doing our best and to make sure that they were connected to what was going on,” she reflected.
Following the sentencing, Senior Investigating Officer Andy Shearwood said that the force’s “thoughts remain with the families of Michael Michieli, Jervis Baligat, and Larry Simyunn”.
“This marks the conclusion of one of the most complex investigations we’ve undertaken. While nothing can undo the tragedy of 8 December 2022, we hope this outcome brings some measure of closure for their families and our community,” he added.
Commissioner Sir John Saunders was presiding, with Lieutenant-Governor Jane Ronge and Jurat Karen Le Cornu sitting.
