The Dutch Public Prosecution Service (OM) holds two captains responsible for a fatal accident in the Schuitengat channel on the Wadden Sea on 21 October 2022 that could have been prevented. The OM has therefore demanded a community service sentence of 180 hours and a suspended prison sentence of three months for both men.
The two men charged are a 35-year-old man from the municipality of Harlingen and a 49-year-old man from Terschelling. They were the captains of the two vessels involved in the collision, the water taxi Stormloper and the fast ferry Tiger.
Four people lost their lives in the collision, including a twelve-year-old boy whose body was never recovered. Four others were injured, among them the 35-year-old suspect, who sustained serious injuries. Both captains are being prosecuted for manslaughter by negligence, causing serious bodily harm by negligence, and sinking a vessel with fatal or life-threatening consequences.
Also read: DSB: Fatal collision shows need for better sailing behaviour and regulations on Wadden Sea
Excessive speed and assumptions
The 35-year-old suspect was the skipper of a water taxi; the 49-year-old, the captain of a ferry. On the day of the accident, around 7:15 AM, the two vessels were due to pass each other in the Schuitengat, a navigation channel south of Terschelling. At the time, the speed limit in the channel was 20 km/h. The water taxi was travelling at nearly 30 km/h, and the ferry at close to 55 km/h.
It was still dark on the Wadden Sea when the vessels approached each other. Shortly before the collision, the ferry captain contacted the water taxi skipper via radio. He asked what to do, to which the water taxi skipper replied, ‘you decide’. The ferry captain then suggested passing each other on the starboard side, as the water taxi was already drifting slightly to the wrong side of the channel. There was no response to this suggestion. The 20-second exchange ended with no agreement, and the vessels were then just 400 metres apart.
After the exchange, the ferry captain assumed they would pass each other on the starboard side — contrary to standard practice, which is to pass port-to-port on the water. The OM also noted that, at the very last moment, the water taxi made a turn to starboard, directly into the ferry’s path. A collision followed shortly thereafter.
Also read: Water taxi and ferry that collided in Wadden Sea were sailing too fast
Poor performance
According to the OM, the accident was the result of both captains failing to act appropriately and in a timely manner. Slower speeds could have given both vessels more time to assess the situation.
The radio communication was also poorly handled, say the prosecutors. The water taxi skipper should have responded to the ferry captain’s suggestion, and the ferry captain should have asked for confirmation.
The OM also believes both captains should have been more cautious. For instance, the ferry captain should have clearly communicated his course, and the water taxi skipper should not have made a last-minute turn toward the ferry.
Licence requirements
At the time of the accident, a large vessel licence was required to operate a water taxi. The 35-year-old suspect did not have this. Although a policy of leniency existed on the Wadden Sea allowing water taxis to be operated without a large vessel licence, one of the conditions was that they could not be sailed in the dark by unlicensed skippers — a condition that was not met during the incident.
Also read: OM prosecutes captains in fatal Wadden Sea boat crash
Vital lifelines
The ferry and the water taxi are essential lifelines for island residents, say the prosecutors. ‘Without these vessels and the people who operate them — like the defendants — residents cannot go to school, the hospital, work, or get married. Nor can they enjoy holidays. The ships also bring tourists and visitors to the islands. The ferry is a part of daily life.’
The prosecutors argue that the defendants betrayed the trust of the islanders and passengers by sailing carelessly and inattentively. ‘Passengers should be able to rely on safety and trust at sea.’
Moreover, the collision has permanently changed the lives of all those involved. For the families of the victims, the loss is immense. 2.5 years after the incident, they are slowly trying to rebuild their lives, say the prosecutors. ‘But the loss will always remain. This criminal trial cannot undo or compensate for that. No sentence can truly do justice to the pain inflicted.’
Picture: The Wadden Sea with Terschelling in the background (photo by Michiel Verbeek, Wikimedia Commons, CC BY-SA 3.0).
