Fish farmer's fatal accident inquiry was a sham, claims partner

Catriona Lockhart told West Coast Today the Fatal Accident Inquiry she fought for into her partner Clive Hendry’s death was "a sham".

 

This week Ms Lockhart shared a copy of the inquiry’s determination into his death, saying her heart breaks for any other families wanting truth and justice after loved ones die at work in Scotland.

 

She now plans to go to the Lord Advocate Dorothy Bain, who is responsible for the investigation of all sudden, suspicious, accidental and unexplained deaths in Scotland, to tell her what she thinks of the current system.

 

"I wish Clive had died in England. As a country it’s much more on the ball when people are killed at work. There would have been an inquest with witnesses and expert witnesses from relevant authorities taking all the details into account. We did not get all that. It was a sham. My heart breaks for any families who have loved ones who die at work and go through this. It’s been one hell of a long wait - and for what?" said Ms Lockhart.

 

Ms Lockhart described the FAI, held on a video conferencing system called Webex, as farcical. She said: "I never wanted it on Webex. The whole thing was a farce from start to finish. There were behaviours and situations that happened that would never have happened in a courtroom - or been accepted. I had to fight for this inquiry and I’m left feeling let down by it. I’m not satisfied. All this was never about a fine or a prosecution, it was about getting the truth and making sure changes are made to save other lives."

 

A spokesperson for the Crown Office and Procurator Fiscal Service (COPFS) said: “We recognise the deep grief that Clive Hendry’s family are suffering following his tragic death.

 

“This FAI followed an investigation by the UK-wide enforcing authority, detailed consideration by specialist COPFS lawyers, and the prosecution and conviction of Mowi Scotland Limited in May 2023 for breaches of health and safety legislation. The procurator fiscal’s role is significantly different in scope and focus to that of the coroner and it is a strength of the Scottish system, which reflects a common European model, that death investigations are undertaken by the public prosecutor.”

 

Assistant fish farm manager Mr Hendry, 58, died in A&E at Broadford Hospital on Skye on February 18, 2020, from drowning after a crush injury to his pelvis. The cause of the accident resulting in his death was after he tried to transfer from the Beinn na Caillich work boat to a feed barge before the work boat was stationary. It happened at MOWI’s Ardintoul fish farm near Kyle of Lochalsh.

 

The purpose of a FAI includes determining the cause of death; the circumstances in which the death occurred, and to establish what, if any, reasonable precautions could have been taken, and could be implemented in the future, to minimise the risk of future deaths in similar circumstances. 

 

Mr Hendry’s FAI followed the prosecution and conviction of Fife-based Mowi Scotland Limited in May 2023 for breaches of health and safety legislation. The company was fined £800,000 over his death and ordered to pay a victim surcharge of £60,000.

  

In the FAI determination, Sheriff Gary Aitken made no recommendations in terms of the taking of reasonable precautions, improving any working systems, introducing a way of working or the taking of any other steps, which might realistically prevent other deaths in similar circumstances.   

 

Having considered information presented at the inquiry, the sheriff did determine that there were precautions which could reasonably have been taken that might realistically have resulted in the death being avoided, or the accident resulting in the death being avoided. Firstly that there should have been a specific risk assessment for the transfer of personnel from large workboats such as the Beinn na Caillich to floating structures like the Sea Cap barge. There should also have been a safe system of work for such transfers. As a minimum, there should have been a requirement for the vessel to be stationary with a mandate that staff should only get onboard or off when signalled it is safe to do so.

 

The determination also said that "ad hoc" informal arrangements were in place with no clarity as to how such transfers were to be carried out.

 

"Employees did not properly understand their respective expectations in relation to such transfers resulting in a confused and dangerous transfer attempt by Mr Hendry, resulting in a fatal accident," it said.

 

Other facts relevant to Mr Hendry’s death included the use of crotch straps fitted to personal floating devices. At the time of his accident, the use of the straps was not mandated by MOWI. "It should have been and is now," said the determination.

 

While all the employees involved in getting Mr Hendry out of the water did so to the best of their abilities and as expeditiously as possible, the evidence demonstrated a lack of familiarity with the task and a lack of man overboard training.

 

"Such a familiarity is desirable and very shortly after Mr Hendry’s death Mowi instituted such training. It is important that training of that kind is repeated at appropriate intervals and all employees, existing and newly joined, are in receipt of it," said the determination.

 

Ms Lockhart told West Coast Today she ’knows’ nothing has changed.

 

Mowi’s Head of Health and Safety David Filshie said: "Mowi extends its deepest sympathies to the family, friends, and colleagues of Clive Hendry, who tragically lost his life on February 18, 2020. The findings of the Fatal Accident Inquiry highlight shortcomings in our safety management system which were immediately rectified after the accident. Since the accident, we chose to recognise guilt and focus on improvements and maintaining the highest possible standards for our safety management systems.”