13.11.2003

Court fines Crane driver £750

Tain Sheriff Court has fined a crane driver £750. The driver, an employee of BL Cranes, failed to keep a proper lookout as a ship was being unloaded at Invergordon Harbour last November resulting in the amputation of a ship mate's leg.

The incident occured last November when 71-year-old Australian ship mate, Patrick Lynch, lost a leg in what was described as an horrific freak accident. Tain Sheriff Court was told that the man was working in the hold of a grain ship when a crane grab which was lowered to scoop up wheat caught hold of his leg and hoisted him six metres into the air.

When the crane driver realised what had happened, it was stated that he lowered the grab to the bottom of the hold, but the damage was done and subsequently resulted in the amputation of the worker's leg.

The driver, 27-year-old Gary McKnockiter, admitted a contravention of the Health and Safety at Work Act 1974.
The charge stated that on November 2 last year, on the MV Hoo Creek, McKnockiter, an employee of BL Cranes Ltd in Burghead, failed to keep a proper lookout to avoid contact between the grab and persons working in the hold and failed to appoint a banksman to give directions during lift operations.

Procurator fiscal John Bamber said McKnockiter as the crane driver was in charge of three people – two to act as stevedores and one to act as banks man if he could not see into the hold.

“If he could see quite clearly then the banksman could act as a
Stevedore,” Bamber told Sheriff Donald Booker-Milburn: “In fairness to the accused, when the grab was going up and down into the hold, the swell was going up and down and he had a good view into the hold...as the day goes on, so does the tide.”

The fiscal continued: “One of the mates went down to the hold with two members of the crew to tidy up the remnants of the grain.

“The mate decided to get another member of the crew to assist him and was walking up the stairway to get on the deck. The accused lowered the grab and more of a freak accident than anything else closed it as the mate was passing and caught the man on the leg.

“The man was raised five or six metres up when the accused realised what had happened, He gently lowered the man down, but as a consequence the man had to have his leg amputated.”

A subsequent report into the accident stated that McKnockiter may well have been able to see into the hold during the course of the day but concluded that had a banksman been present the accident need not have happened.

Solicitor David Wilson, acting for the defendent, told the court that McKnockiter fully accepted that he was to blame and pointed out: “He was aware that the hold was virtually empty and he was finishing off the job. He should have made sure it was clear before the grab went down.

"It is a standing order on the ship that if a crew member is working in the hold then another crew member should be appointed to act as a lookout if the ship is in the process of being loaded or unloaded. In effect there was a double failure here.”

Wilson said McKnockiter very much regretted the accident and was now well aware that a banksman should be appointed and would be in future.

The court heard that the maximum penalty for such an offence was £30,000. But Sheriff Booker-Milburn told McKnockiter, a first offender, that he had intended a £1000 fine, but as he had pleaded guilty at the first opportunity, thus saving the court time and money and the need for a witness to travel from Australia, he would discount the fine by £250 to £750.