Sailing School director Doug Innes has escaped jail after receiving a suspended 15-month prison sentence when he and his company Stormforce Coaching were convicted of failing to operate the yacht Cheeki Rafiki in a safe manner under section 100 of the Merchant Shipping Act.
Cheeki Rafiki turned turtle and threw her four crew into the sea when her keel fell off in heavy weather 700 miles east of Nova Scotia in May 2014. Skipper Andrew Bridge, James Male, Steve Warren, and Paul Goslin all drowned and their bodies were never recovered. She had sailed across the Atlantic to Antigua Week and was on her way back when tragedy struck.
An investigation by the Marine Accident Investigation Branch (MAIB) found evidence of groundings and repairs to the yacht’s keel which could have contributed to the sudden loss of the keel. They also found the inshore coding for charter work on the vessel had run out; she had not been surveyed for three years. The prosecution brought charges of Manslaughter against Innes and his company as well as the unsafe operation charges. Last year Innes and Stormforce were convicted of running the yacht unsafely but the jury could not decide on the manslaughter charges. A retrial was scheduled and the Innes was acquitted of manslaughter on April 25 (see our story below).
Sentencing Innes today to a 15 months prison sentence suspended for two years the judge Mr Justice Teare told him “cost cutting” had influenced his actions saying: “This was a small yacht about to cross the Atlantic alone, having not been independently examined for over three years. Those circumstances give rise to a risk of death.”
Innes’ defunct charter-seaschool company, Stormforce Coaching, which had operated Cheeki Rafiki was fined £50,000.
Devastated families of the four men made tributes over the pain of their loss. It was reported that Innes could still face a civil action over the loss of life on Cheeki Rafiki.
Our story from April 25 – when Innes was cleared of the Manslaughter charges.
Doug Innes, director of Stormforce Coaching – the company managing the yacht Cheeki Rafiki, has been acquitted of the manslaughter of four sailors who died when the yacht sank mid-Atlantic.
Innes, 43, of Southampton, Hants, closed his eyes and mouthed the words “thank you” as the jury, sitting at Winchester Crown Court, announced the not guilty verdicts today. The case was a retrial after a jury could not reach a verdict on the matter last July; Innes and his company Stormforce Coaching Limited are still awaiting sentencing on May 11 after being convicted of failing to operate the yacht in a safe manner contrary to section 100 Merchant Shipping Act at the first trial last summer.
The jury had been deliberating its verdict after the six week retrial since last Tuesday – a total of 23 hours and 25 minutes.
The Beneteau 40.7 lost her keel as the crew were returning from Antigua to the UK in May 2014 when it got into trouble in heavy weather 700 miles east of Nova Scotia. The vessel capsized and was later found adrift with her keel missing.
Andrew Bridge 22 (Skipper), James Male 22, Steve Warren 52, and Paul Goslin 56 all lost their lives. None of their bodies were found.
The court heard:
That Innes permitted Cheeki Rafiki to sail to Antigua to be raced hard knowing its sailing code permit was about to expire.
Despite making contact with two surveyors in the Caribbean, to get the vessel recoded, he chose not to have the yacht inspected to save costs.
“Despite all reminders, Mr Innes either turned a blind eye or decided to ignore the need to have Cheeki Rafiki inspected,” Nigel Lickley QC
Innes had denied knowing the extent of previous damage to the sinking vessel, admitting to knowing of only one incident before he was charged with manslaughter.
The Marine and Coastguard Agency will now look at regulations concerning the construction as well as the operation of small vessels.
Cheeki Rafiki – a Beneteau 40.7