A SHERIFF’S findings into the circumstances surrounding the death of a well-known Arbroath man who drowned last August could have significant repercussions for the fishing industry.

Denis Cargill (60) was knocked overboard from his creel boat while working alone and not wearing a lifejacket,

In his determination following a fatal accident inquiry into the death of Mr Cargill, Arbroath Sheriff Norrie Stein has recommended fishermen, and especially those working alone, should be actively encouraged to wear the correct lifejackets when at sea and he added consideration should be given to making their use compulsory.

Sheriff Stein also recommends that fishermen should be encouraged to install the MOB Guardian, a GPS-based device which alerts HM Coastguard within minutes of a person falling overboard on boats up to 15 metres long.

The inquiry heard Mr Cargill, a former lifeboat crew volunteer, had two lifejackets on a peg in his boat’s wheelhouse but, in common with many other creel fishermen, was not wearing one as they were viewed as too awkward to allow work to be done.

Mr Cargill’s cause of death was formally given as salt water drowning and Sheriff Stein noted all the evidence pointed to “one, unquestioned explanation” on how it occurred.

His determination states, “Mr Cargill, a well- respected local creel fisherman and long-serving member of the Arbroath lifeboat crew, was fishing alone on board his fishing boat Boy Joshua.

“He was engaged in bringing up a line of creels from the sea bed, his practice being to bring aboard the full line of pots one at a time, empty each pot of its catch and rebait it as it came aboard, then pay the full line of pots back on to the seabed.

“He had hauled on board the first three pots, taken out the catch and freshly rebaited each of them.

“For some reason, these pots, all still attached to each other by rope in the usual manner, ran back out into the sea, unplanned in an uncontrolled manner and at great velocity.

“Some part of the pots or rope attaching them to one another caught Mr Cargill and carried him overboard.

“The last pot became jammed in the side rail of the boat, effectively anchoring the vessel to the sea bed.

“It is probable that the pots ran back out into the sea in this way because the pot hauler mechanism on the boat was worn and was not effectively gripping the rope to which the creels were attached, causing the rope to jump free of the hauler mechanism.

“Plainly the accident might have been avoided had the hauler mechanism been working effectively.

“No doubt conscious of the fact that the gripping mechanism was worn, Mr Cargill had, according to the evidence, been working on the hauler mechanism the previous day to improve its grip on the rope.

“In the event, sadly, it appears that his efforts were to no avail.”

The sheriff said evidence made it apparent it is “not uncommon for fishermen to be taken over the side when engaged in creel fishing.”

He called it “an inherently hazardous operation.”

He continued, “It was also apparent that it is not unusual either for creel fishermen to work on their own.

“Having been taken overboard, there was tragically no means by which Mr Cargill could communicate that fact to the shore.

“In a tragic irony, the means by which he might have done so, the MOB Guardian system, had been in development since 2003 and was to be available on the market within three months of his death.

“Indeed, Mr Cargill had been aware of it and its impending availability on the market.”

Had such a device been fitted to the Boy Joshua, the sheriff observed, the lifeboats could have begun a search more quickly.

He also noted that Arbroath lifeboat coxswain and creel fisherman Tommy Yule, and RNLI fishing safety co-ordinator David Smith, were strongly of the view it should be compulsory for fishermen to wear lifejackets.

In conclusion, the sheriff said, “I express the hope that the lessons learnt from the tragic death of Mr Cargill, a man who himself had selflessly risked his own life to save others over his 16 years as a lifeboat crew member, will be acted upon to save further lives in the future.”