Department accused of misconduct in public office

The Department of Transport, Tourism and Sport and the Marine Casualty Investigation Board stand accused of misconduct in public office in respect to current marine tragedy investigations.

Michael Kingston, international maritime expert and son of Whiddy Island disaster victim Tim Kingston, today (January 8) delivered a letter to An Garda Siochána in which he makes this claim.

Mr Kingston who is also the vice-president of the French-Irish Association of Relatives and Friends of the Betelgeuse and is spearheading an “imminent High Court application” in respect of the disaster, has accused the State of failing to ensure the independence of the MCIB “contrary to clear international rules and European law”.

State failings

The letter requests An Garda Siochána to investigate ‘the fundamental and criminal failings of the State in investigating maritime accidents, as a matter of urgency in order to save life and to establish the fundamental rights of victims in death and those of their family members in investigations’.

His detailed allegations follow months of investigation and multiple whistleblower revelations from within the Marine Surveyor’s Office, former officials and marine accident investigators, including the following whistleblower accounts:

‘The draft investigators’ report are being changed, and families never know what finally happened or when it happened. Details are removed because it will reflect badly on the marine department.’

‘Most of our recommendations would be taken out and reduced down to nothing.’

Several incidents involving our rescue services have gone without investigation where critical lessons have not been learnt which has almost undoubtedly contributed to further loss of life.’

‘There have been loads and loads and loads of cover-ups. I will tell you that for a fact.’

One whistleblower claims that in relation to a report into three fishermen who were lose off Dunmore East, there was a problem with the EPIRB (emergency beacon) and lifejackets. The report references the EPIRB but does not elaborate on the issue, which was critical. It did not activate, Kingston further states.

Speaking outside Garda Headquaters, Kingston said the issues raised today were “a repeat of history, of our failure to learn lessons, of our failure to have correct structures in place for safety, and of our State failure to take responsibility for wrongdoing”.

Barrister Ciarán McCarthy, lecturer in maritime law and a former ship’s officer separately remarked:

“In light of our communities’ experiences of maritime tragedy – from the Fastnet and Betelgeuse disasters in 1979 to the death of coast guard volunteer Catríona Lucas, the loss of all four crew members of Rescue 116 in 2017, and the heart-breaking events currently unfolding off the coast of Wexford in this first week of the new decade – it is incomprehensible and indefensible that Ireland should fail to implement basic international maritime investigative norms as required by our membership of the European Union and by the memories of the victims and their families.”