The Public Prosecution Service (OM) in Northern Netherlands has demanded a community service of 180 hours and a conditional prison sentence of three months against both a 35-year-old man from the municipality of Harlingen and a 49-year-old man from Terschelling. The OM accuses both men of having been able to prevent an accident in the Schuitengat on the Wadden Sea on October 21, 2022.
In that accident, four people lost their lives. One of the deceased is a 12-year-old boy. His body has never been found. Four people, including the 35-year-old suspect, were also (seriously) injured in the accident. The OM prosecutes both skippers for manslaughter and causing serious bodily harm through negligence and for causing a ship to sink resulting in death or life-threatening danger.
Colossal loss
The collision has forever changed the lives of all those involved. For the bereaved, the loss is colossal. Two and a half years after the accident, they are slowly trying to pick up their lives, say the prosecutors. “But the loss will always remain. This criminal procedure cannot take that away or compensate for it. There will be no punishment that does justice to the suffering caused to them.”
Speeding
The 35-year-old suspect is the skipper of a water taxi and the 49-year-old suspect is the captain of a ferry. The ferry and the water taxi were supposed to pass each other at a quarter past seven in the morning in the Schuitengat, a shipping channel south of Terschelling. At that time, a maximum speed of 20 km/h applies in that channel. The water taxi is sailing at nearly 30 km/h, while the ferry is sailing at nearly 55 km/h.
Starboard and port
It is still dark on the Wadden Sea as both vessels approach each other. The captain of the ferry briefly contacts the skipper of the water taxi via the VHF radio shortly before the collision. He asks what to do, to which the skipper of the water taxi responds, “just go ahead.” The ferry captain then suggests passing each other on the starboard side, as the water taxi is already somewhat swerving to the wrong side of its fairway at that moment. No response is given to this suggestion. The ‘conversation’ of 20 seconds ends without an agreement; the boats are then about 400 meters apart.
After the conversation, the ferry captain assumes that the vessels will pass each other on their starboard side, while this is usually done on the port side on the water. The OM also notes that at the very last moment, the water taxi makes a steering movement to the starboard side, causing that ship to enter the fairway of the ferry. Shortly thereafter, they collide.
Multiple factors
According to the OM, the accident occurred because both skippers should have acted differently and earlier. They should have been sailing more slowly. With a lower speed, the vessels would have had more time to assess the situation.
Furthermore, according to the prosecutors, the VHF communication was not handled well. The skipper of the water taxi should have responded to the ferry captains proposal, while at the same time, the ferry captain should have asked for confirmation.
The OM also believes that both skippers should have been more cautious in this situation. The ferry captain should have clearly indicated which course he would take, and the skipper of the water taxi should not have made the steering movement towards the ferry at the very last moment.
Large boating license
At the time of the accident, a large boating license was required to operate a water taxi. The 35-year-old suspect did not possess one. Although a tolerance policy was applied on the Wadden Sea, allowing operation without a large boating license on water taxis, this was not permitted at the time of the accident. One condition for toleration was that skippers without a large boating license were not allowed to operate when it was dark.
Life line
The ferry and the water taxi are the lifelines of the island residents, say the prosecutors. “Without these vessels and people, such as the defendants, they cannot go to school, cannot go to the hospital, cannot get married, work, or vacation. Conversely, the vessels bring tourists and visitors to the islands. The boat is part of life.”
The prosecutors believe that both defendants have violated the trust of the island residents and other passengers by sailing carelessly and negligently. “They must be able to assume that it is safe and trustworthy on board and that sailing is done safely.”
