The fishermen who hit and injured lifeguard William Grimshaw with their vessel on Wednesday at Maracas Bay can be charged with negligence.
This was the word from maritime attorney Nyree Alfonso yesterday. Alfonso said the buoy placed in the water at the time of Grimshaw’s training exercise was a universal marker used by divers, spear fishers and even scuba divers to notify oncoming traffic of their presence.
“You have to give way, they don’t have to look out for you...you know like you going around a roundabout, they tell you who have the right of way, it’s the same thing in the sea, just no lines and no road,” she said.
Lifeguard Anthony Paul confirmed to Guardian Media that Grimshaw and his colleague, who were both training to dive on an island just off Maracas Bay, placed an aide in the water. A buoy is intended to indicate the diver’s position to people at the surface while the diver is underwater.
Alfonso said once the aide was compliant with the regulations, they did the right thing.
“Either way, jump high jump low, the pirogue will be wrong,” she said.
However, she said, because of how most pirogues are designed, with a higher bow than stern, there may have been sight limitations for those on board.
“Your line of sight towards the front of the vessel is impaired...how that should be addressed is by having more than one person on the vessel and somebody stationed on the bow or side of the vessel,” she explained.
The maritime attorney told Guardian Media that the Collision Regulations, which is universal, and part of the Shipping Act give guidance to seafarers.
Regulations made under the Shipping Act Chapter 50:10, which reproduces the 1972 International Convention for Preventing Collisions at Sea, provides a global set of safety rules.
In the existing scenario, that was the driver of the boat failed to exercise a safe manoeuvring ring in light of the buoy put down by the lifeguards. The regulations give the rules for vessels which can be extrapolated when it is a person who is impacted, she said.
Apart from line of sight, the question of whether those aboard know what the aide signifies arose. Alfonso said some of her clients did not know about the regulations.
“If you’ve been on the sea for some time, you are familiar with buoys, mark something...the way to mark danger for all navigational purposes is a buoy, you don’t see a buoy and say ‘okay I going through strong’,” she said.
This was not the first time such an accident has happened. In 2013, a 14-year-old girl was killed after a pirogue driven by a Las Cuevas fisherman ploughed into her.
Alfonso said it won’t hurt if the Fisheries Division does refresher courses for fishermen.
“Because the sea has rules just as the land,” she said.
Guardian Media understands that Grimshaw is still at hospital but in a stable condition and under observation. He sustained cuts to his head and shoulder and was unconscious after the incident.
Police are conducting investigations into the matter.
