The Public Prosecution Service demands a community service sentence for the skippers of the Water Taxi and Spido who collided near the Erasmus Bridge. The incident occurred on July 21, 2022. The six occupants of the water taxi, including a child, were narrowly rescued before the water taxi sank. They were in the water for minutes, not knowing if and how they would be rescued, said the public prosecutor.
The harbor police conducted a thorough criminal investigation into the incident under the direction of the Public Prosecution Service. This included the use of camera footage, witness statements, and technical and nautical investigations. The hearing today focused mainly on how the collision could have occurred and to what extent the skippers of the Water Taxi and Spido acted criminally blameworthy.
Carefulness
The Public Prosecution Service believes that both defendants should have acted differently. Careless navigation on a busy river such as the Nieuwe Maas poses great risks. Research shows that both skippers were insufficiently attentive and did not use the available aids on board, such as a VHF radio and reviewing radar images. Additionally, they did not take precautions to avoid risks.
Uncertainty
The public prosecutor: When reviewing the camera footage of the collision and reading the statements from the witnesses in the file, it becomes clear how great the impact of the collision was. The occupants were in the water under the water taxi for 9 minutes and were uncertain about the outcome the entire time. Among them was also the 6-year-old boy who bravely saved himself with a floating cushion. However, the defendants interpreted the applicable rules differently. Especially on busy waterways, such as the Nieuwe Maas, with shipping, recreational boating, and passenger transport, it is crucial that all parties adhere to the applicable rules. These rules are there for their own safety and the safety of others, as accidents on the water can have severe consequences. Unfortunately, this case is an example of that.
Sentence Demand
The skippers of both the Spido and the Water Taxi are, according to the Public Prosecution Service, responsible for causing a vessel accident that posed a danger to others, as well as for violating article 1.04 of the Inland Shipping Police Regulation. This regulation states that precautions must be taken to prevent endangerment of lives, causing damage, or jeopardizing shipping.
The Public Prosecution Service took into account the time elapsed, the fact that no new incidents have occurred with the defendants, and that they have not previously come into contact with police or justice. Comparable cases with professional skippers were also considered when determining the penalties. For these reasons, unconditional or conditional prison sentences are deemed inappropriate. The Public Prosecution Service considers the share of the Water Taxi skipper in the accident to be greater and demands a community service sentence of 150 hours and a fine of 1000 euros. For the Spido skipper, a community service sentence of 120 hours and also a fine of 1000 euros is demanded.