The death of a Fife creel fisherman led to a full review of third-party harbour equipment across Scotland.
Alexander “Sandy” Wood died after falling into water at Burntisland in August 2018.
Around the time of his death, a piece of harbour crane equipment weighing nearly three stone had broken from the quayside and fallen into his boat, along with a box of bait weighing more than seven stone.
Although he linked the incident to Mr Wood’s death, a sheriff said it was “impossible” to say exactly how the incident had played out.
After a Fatal Accident Inquiry (FAI) at Dunfermline Sheriff Court, Sheriff Alastair Brown has ruled Mr Wood’s cause of death was immersion in water, coupled with a pre-existing heart condition.
The FAI heard the Burntisland davit – a small quayside crane-type device – broke and fell onto the boat, at which point Mr Wood fell into the water.
He also had a broken arm, consistent with having a heavy object fall on it.
The sheriff noted the davit had heavy corrosion and not been inspected for a number of years.
Harbour operators Forth Ports said the equipment did not belong to it and since Mr Wood’s death, they have removed or ordered owners to maintain all third-party harbour equipment.
Pulled from water
Stewart Taylor, director of Calypso Marine, which operates from the East Dock of the harbour, told the FAI how a stranger had alerted him some time after 10am by shouting “Sandy’s in the water”.
He and a colleague ran to their own boat and helped pull Mr Wood – who was not wearing a lifejacket – from the water.
The sheriff’s report notes: “Mr Taylor has experience in recovering casualties and bodies from the water.
“He formed the opinion that Mr Wood had been in the water for some time.
“Mr Taylor had a look at Mr Wood’s boat.
“He saw at least two fish boxes with bait, one of which had spilled, and the remains of the davit hauler inside the boat.”
Mr Taylor later phoned the harbour master to say that he had just pulled Mr Wood out of the water and that “it didn’t look good”.
Emergency services including the Coastguard search and rescue helicopter from Prestwick, Kinghorn lifeboat, Coastguard teams from Kinghorn and South Queensferry, Police Scotland and the Scottish Ambulance Service attended but the 65-year-old was pronounced dead at the scene.
‘Ancient right’ to harbour use
An expert gave evidence that the section of the davit attached to the quay had snapped, with the upper section remaining inside the rotating arm.
That arm had fallen around seven metres into Mr Wood’s boat.
He said the davit had not been inspected for at least 12 months prior to the incident.
Forth Ports, which operates the harbour told the FAI residents of Burntisland have an “ancient right” to use the Outer Harbour without payment – a right asserted by Mr Wood.
He said equipment in this section of the harbour is not owned by them and is the responsibility of users.
However Stuart Wallace, the organisation’s Chief Operating Officer, said they had since reviewed operations and removed third-party equipment – including four ladders at Burntisland – where no owner was identified.
Harbour equipment review following death
In a judgement released earlier this week following the hearing last May, Sheriff Brown noted Forth Ports had taken reasonable steps by reviewing harbour equipment since Mr Wood’s death.
Hs said: “It is beyond doubt that Mr Wood met his death in an accident and that it involved the failure of the davit; but it is not possible to determine at this stage what the mechanism of that accident was or what part the davit played.
“Various hypotheses can be advanced but the evidence does not point to any one of them being more likely than another.
“It is clear that the davit had not been inspected for several years (if ever).”
He added: “Forth Ports have acted responsibly.
“They have carried out a review across their whole Scottish estate to determine whether there were any other pieces of equipment installed by third parties and to either remove any such equipment or ensure that it is maintained properly.
“The conducting of such a review is the only recommendation which might conceivably have been appropriate.
“Since it has already been conducted, to make such a recommendation would be redundant.”
A spokeswoman for Forth Ports said: “We are grateful to Sheriff Brown for the careful and detailed way in which he prepared his determination.
“Our thoughts remain with Mr Wood’s family following this tragic accident.”
