A fishing company must pay more than £100,000 over the Joanna C tragedy in which two crewmen died.

Deckhand Adam Harper and ship's mate Robert Morley were working on the vessel when it capsized on Saturday, November 21, 2020, after its gear snagged on the seabed.

The highly modified scallop dredger could not recover due to its lack of stability and rapidly sank off Newhaven.

The body of 26-year-old Adam, who was trapped inside it, was found by divers five days later.

Robert’s body was found washed up near Bexhill the following month. He had been flung into the water and though he initially clung to a lifebuoy he succumbed to the cold and slipped away.

Robert Morley died following the sinking of the Joanna C near NewhavenRobert Morley died following the sinking of the Joanna C near Newhaven

Captain David Bickerstaff was the sole survivor of the tragedy which happened five nautical miles off the coast.

The Marine Accident Investigation Branch (MAIB) found there was a life raft on the vessel but it did not inflate, which "adversely affected the survivability of the crew".

Nearly four years on, Laura D Fishing Ltd, which operates fishing boats out of Brixham in Devon and owed the Joanna C, has pleaded guilty to failing to take all reasonable steps to ensure that a vessel was operated in a safe manner.

Adam Harper was also a victim of the boating tragedyAdam Harper was also a victim of the boating tragedy

The Joanna C had undergone a major refurbishment in 2019 which included the addition of a whaleback (a structure over part of the foredeck), an extension of the wheelhouse and fitting raised bulwarks.

On Friday West Hampshire Magistrates Court heard the extensive changes, which were not approved by the Maritime and Coastguard Agency (MCA), made it significantly non-compliant with the minimum standards of stability. But the vessel continued commercial operations without considering the impact and risks of the modifications. 

Vessel modifications should only be carried out after the consultation and approval of the MCA, the frontline emergency response agency of the Department for Transport, under Marine Shipping Notice (MSN) 1871 Amendment One.

Laura D Fishing was fined £36,000 and ordered to pay £69,474 costs.

Mark Cam, senior investigator with the MCA's Regulatory Compliance Investigations Team, said: “This is a tragic reminder that modifications to vessels should be planned and their effects on the vessel’s stability properly investigated using appropriate professionals.

“Companies are responsible for providing a safe place of work for their employees, wherever that may be.

“The court has found that Laura D Fishing Ltd did not take all reasonable steps to operate the Joanna C in a safe manner and this led to the deaths of Adam and Robert.”

The Marine Accident Investigation Branch has issued a "safety flyer" to the sector highlighting the causal factors and the safety lessons learned.