No FAI for Flying Phantom

Coldingham man, Brian Aitchison, the sole survivior of the capsizing of the River Clyde tug boat in 2007 has been spared yet another investigation into the incident following the announcement that there will not be a Fatal Accident Inquiry.

Both tug boat operator Svitzer Marine Limited and Clydeport Operations Limited have been fined following criminal prosecutions about the operational failures that led to the accident and the subsequent deaths of three members of the crew of the Flying Phantom on a foggy night on the River Clyde in December 2007.

Lawyers for the families of the victims had called for a FAI after the recent completion of the criminal case against Clyeport Operations but Lord Advocate, Frank Mulholland, has since consulted with the families of the victims and ruled out any further investigation. The Lord Advocate said he was satisfied that the reasons for the tragedy had been established through a public examination of the full facts and circumstances during the two criminal prosecution cases.

Gary Aitken from the Crown Office and Procurator Fiscal Service said: “We regret the passage of time since that awful night but hope people understand that no matter how complex the circumstances the Crown will continue to hold businesses to account for their failures to discharge their responsibilities under the Health and Safety at Work legislation to their employees and to anyone else affected by them.

“The safety regime for towing operations is far more robust than what existed until 2007.”