John, a Romanian migrant worker, fell from a ship at a shipyard in Waspik while working three years ago. They searched for three days for the man who probably died quickly in the cold water. This Tuesday, justice demanded a fine of 75,000 euros against the shipyard. The owner could and should have prevented the death of John (41), according to the public prosecutor.
It was cold and bleak that Friday, January 20, 2023, and it also started to snow. John worked with the shipyard owner on a 105 meter long barge that was moored at De Toekomst shipyard in Waspik. After the regular coffee break at half past ten, the owner thought it would be better to do other jobs inside the warehouse because of the snow.
But John wouldn’t catch a break, so the owner went looking for him. John was nowhere to be seen on the large bulk ship, but his cutting torch was hanging in the water. All alarm bells went off. The water was of course very cold on that January day and someone who falls in will not last long. The search continued for days for the big and strong John. Only on Monday did the police find his body in the water of the Kerkvaart.
The owner of the yard was in court on Tuesday in the court in Den Bosch. John’s widow watched and listened from Romania via a video connection. Justice, and also the widow, believe that the shipyard was negligent. There was no railing or other safety feature, so you could easily fall meters from the enormous ship.
John was also not wearing a harness, which can be used to attach you to the ship. According to the owner, John was working on the aft deck and such a harness is not mandatory there. He also doesn’t understand why John walked somewhere else and slipped or tripped there.
But the officer kept pointing out the employer’s responsibility. The only way to move across the 105-metre-long ship is along the narrow gangways, she outlined. And no safety measures had been taken there, so the company is to blame for everything.
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According to the public prosecutor, Shipyard De Toekomst has breached its duty of care and committed a safety crime. “The company should have acted differently and taken measures,” she ruled. “You can expect that from a specialized company who works on ships every day.” The officer therefore demanded a fine of 75,000 euros.
The owner was emotional about the death of the Romanian self-employed person, who had been working for him for some time. He also said that he was very shocked that a lawsuit was filed after such a long time, because he thinks he has checked enough. According to him, John did not die from drowning, but because he became unwell. The fact that no water was found in John’s lungs and stomach would indicate this, he thought.
The public prosecutor did not rule that out either, because that ‘could always happen’. But even in that case, she judged, a railing or safety net could have saved John, because then he would not have fallen into the water.
The court will rule in this case on February 17.
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