A Scots business duo have been fined £10,000 for renting out a damaged boat which led to the death of a 23-year-old father-to-be.
Kieran Cowan tragically died on August 17, 2019, after drowning in Loch Awe in Argyll and Bute. A trial held at Oban Sheriff Court heard how the self-employed joiner and carpenter from Prestonpans, East Lothian, intended to go on a two-day camping trip in the area with friends Kyle Cairney and his brother Nathan.
The trio had made an inquiry to Loch Awe Boats about booking a vessel for August 17-18. But, the day before they were due to rent the boat, joint-owner Clifford Davies emailed Kyle to cancel his booking due to adverse weather conditions.
The 64-year-old insisted their “hire licence prohibits boat hire in winds in excess of 18 mph and tomorrow is set to be pretty wild”.
Additionally, a Facebook Post from the firm said: “Once again, we are having to cancel boat hire tomorrow (Saturday 17) due to the forecast for very high winds on Loch Awe. The upper wind speed for boat hire to comply with our hire licence is 18 mph. Sorry to disappoint, but safety is our priority.”
Despite the cancellation, the trio decided to travel to Loch Awe that morning. An agreement was reached by both Davies and his business partner, Janet Lightbown, 57, to hire the boat on the condition they would go directly to their campsite, which was a 40-minute journey.
The business owners also agreed the rental would go ahead if the men travelled while conditions remained calm. The hire was secured despite communications and forecasts of torrential weather the previous day.
The trio set out from the boatyard and travelled to camp on the island of Inishail. Between 10.30am-12pm, all three went out on the loch again, this time to the south of the Black Isles, where they fished for about 30 minutes.
At round 1.00pm, the three of them again went out on the boat, heading to the top end of the loch towards Kilchurn Castle, but only Nathan Cairney was wearing a life jacket.
During the journey back to Inishail, the men had to cross the broadest part of the loch, which exposed them to the horrific weather conditions. As they sailed, the weather continued to worsen and eventually the engine was cut, the boat turned and capsized.
Recollecting the terrifying ordeal, Nathan said: "It had been sinking before we cut the engine, so it didn't take much for it to flip. When it's flipped, I was at the front, Kieran was in the middle and Kyle was at the engine.
"I initially went under, but my life jacket has pulled me back up instantly. I saw Kieran and Kyle near to me and the three of us went over to the boat which was upside down.
"When we all held onto it the boat started to sink. None of us said anything, we all just started swimming to the nearest island, the water was extremely choppy, and it was still dull. As I was swimming towards the island Kieran was on my left-hand side and Kyle was to my right.”
As the three were jolted from the vessel, they struggled in the water, attempting to reach each other, before two of them swam ten minutes to shore.
As they arrived, the two bothers, Kyle and Nathan, were met with horror when they realised Kieran was still under the water. Neither could see any trace of him.
Three days later, Kieran's body was tragically found 46 metres from the shore of Fraoch Eilean by officers from Police Scotland’s Marine Unit. His cause of death was determined to be ‘immersion in water’.
Prior to his death, Kieran was preparing to become a dad for the first time as he awaited the birth of his baby girl with partner, Lisa Reid.
Davies and Lightbrown, were each ordered to pay £5,000 after they pleaded guilty to a health and safety breach at Oban Sheriff Court today.
An investigation by Argyll and Bute Council ruled the pair had exposed their customers to risk by hiring out a boat which failed to comply with the stability and safety requirements of the Hire Boat Code.
Examinations by a marine expert found there were a number of defects with the vessel - including several holes in the stem and foot.
Daylight could even be seen through one clear hole, which would have been above the waterline in calm conditions.
The expert’s opinion was that in the stormy conditions, the holes in the stem and the small freeboard - the distance between the top of the gunwale and the surface of the water - are likely to have allowed the boat to take in water.
It was also ruled the males hired out the boat in torrential weather conditions, which went beyond the limitations set out in their own risk assessment as there was a high risk of drowning.
Debbie Carroll, who leads on health and safety investigations for the Crown Office and Procurator Fiscal Service (COPFS) said: “Clifford Davies and Janet Lightbown, in the operation of their business, Loch Awe Boats, fell far short of the requirements of the Hire Boat Code on August 17, 2019.
“This incident would not have occurred had they not hired out the boat that day, as was their original intention because of the forecast adverse weather. Their decision set in motion a chain of events that resulted in the death of a young man.
“Those who hire boats to the public must be aware of their duties and responsibilities, especially when hiring to persons who may be inexperienced when taking to the water."
A family statement released through Digby Brown Solicitors said: “The loss of Kieran has been heart-breaking and it’s something we’ll never get over.
“We’re glad those responsible are held accountable but we just wish to be left alone at this time.”
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