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Skipper appeals to Supreme Court after fatal accident

The skipper of the 'Risico' is appealing to the Supreme Court. The Harlinger is held responsible for a fatal accident on board his ship, when the 15-year-old Tara died after being hit by the ship's boom, which broke off during a school trip. Judges at the court of appeal in Leeuwarden believed that the man, as the owner of a ship that receives guests, has a duty of care. This means that the ship must always be in good condition, and this was not the case with the 'Risico'. There were cracks at the top of the boom and there was wood rot. The judges sentenced the skipper to 150 hours of community service and a suspended prison sentence of three months. The Harlinger now wants to submit to the Supreme Court whether the court could prove that there was guilt. The skipper also maintained during the handling of the case that he could not have known that the boom was in such bad shape. Following the fatal accident, the Dutch Safety Board conducted an investigation. The board concluded that the supervision of the brown fleet was flawed and that nothing had improved since an earlier report in 2017. The Supreme Court will not hear the case again on its merits. It will only examine whether the law has been applied correctly. It is not known when the case will be heard.

Skipper of the Risico has been given a community service order and a suspended prison sentence for fatal accident

The skipper of the 'Risico', who is held responsible for the death of 12-year-old Tara from The Hague on Aug 31, 2022, has been given a community service order of 150 hours and a suspended prison sentence of three months on appeal. The Leeuwarden court previously imposed the same sentence on the 51-year-old skipper from Harlingen. According to the judge at the court, the skipper "acted significantly carelessly, negligently and negligently." The court therefore convicted the skipper of manslaughter. Tara was hit by the boom of the sailing vessel, aboard which she was on a school trip on the Wadden Sea. There were 12 students and two teachers on board. According to the court, the man had a duty of care as the owner of a ship on which carried passengers. This means that the ship must always be in good condition, and this was not the case. There were cracks at the top of the boom. The court found that this should have had this checked by an expert. According to the court, the chance of an accident increased by not doing so. "The court therefore considers it proven that the suspect did not sufficiently check whether the boom was still in good condition. The ship's rigging inspection had also expired." Regarding the severity of the punishment, the court states: "The suspect's actions have caused irreparable suffering to the victim's relatives. The court understands that no punishment will do justice to the grief that has been caused to them." The Public Prosecution Service had demanded a prison sentence of eight months, four of which were conditional. They also demanded a five-year professional ban. According to the judiciary, there was 'gross' rather than 'significant' negligence as the court had ruled. The court did not agree. It also did not see a reason to impose a professional ban. The Public Prosecution Service did not think that the sentence is high enough. The skipper himself also disagreed with the sentence: he says that he could not have known that the boom was in such bad condition. Tara's family had requested a professional ban to prevent the skipper from sailing again. The court found that going too far. "Such a sentence is only imposed in exceptional cases. The suspect has not been convicted before, and there is no evidence that dangerous situations have occurred on board his ship before." According to the court, he "takes his responsibility as a skipper seriously". It also saw no reason to impose a professional ban.