Court hears L'Ecume II should have been spotted 10 minutes before collision

The Royal Court has heard that the Commodore Goodwill's bridge crew should have seen the L'Ecume II fishing trawler on the ship's radar at least 10 minutes before the fatal crash.

On the opening day of the trial of the two men accused of causing the death of three fishermen, Crown Advocate Matthew Maletriot, prosecuting, outlined the events that led to the fatal collision at sea on 8 December 2022 at 5:35 am.

At 4:14 am, Skipper Michael Michieli (62) and his crew, Jervis Baligat(31) and Larry Simyunn (33), boarded their fishing vessel at Victoria Pier and started to sail towards Long Bank, off the northwestern-most point of Jersey.

The court was told that Mr Michieli and his crew would go there for two to three days at a time to catch skate.

The jury, made up of four women and 11 men, heard the weather conditions were clear, with 45km visibility, light winds, fine cloud cover and no recorded rain at the airport, near St Ouen's Bay.

Condor's Commodore Goodwill left Guernsey harbour at 4:41 am.

Condor Commodore Goodwill, damaged after the 2022 collision - Credit: James Roberts

Crown Advocate Maletroit told the jury that Lewis Carr, the Goodwill's Second Officer, had taken over control of the bridge and assumed the role of Officer of the Watch.

This was due to a mandatory break scheduled for the Captain.

Joining Lewis Carr was Ukrainian national Artur Sevash-Zade, who was on lookout.

The court heard L'Ecume II was travelling at 8 knotts (9mph) and the Commodore Goodwill was travelling at 18 knotts (22mph) just before the collision.

The jury was also told that the radar on the Condor freight ship picked up the fishing trawler 10 minutes before the crash, and an attempt was made to avoid the collision 'seconds' before.

L'Ecume II Skipper Michael Michieli (centre), Larry Simyunn (left) and Jervis Baligat (right)

In his opening statement, Crown Advocate Matthew Maletroit said:

"It was not freak accident".

He said it was due to a "catalogue of failings" and the "failure to monitor L'Ecume II's position."

Both defendants each deny three counts of manslaughter and conduct endangering ship by failing to maintain a 'proper lookout' by sight and hearing, as well as correctly using radar or other machinery and equipment, to avoid the loss, destruction or serious damage of another ship or the death or serious injury to another person.

Prosecution resumes its opening statement on 2 September 2025 at the Parade in St Helier.

The trial is expected to last several weeks.