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A ferry captain's rescue plan led to the tragic and unnecessary death of a family man who fell overboard in the Irish Sea, a High Court judge ruled on Thursday.
In a damning decision, Mr Justice Forbes ruled 35-year-old Michael Davis' life could have been saved had ferry giants, Stena Line Ltd, learned lessons from the Estonia and Marchioness disasters.
The skipper and crew of Koningen Beatrix had not been given the training they needed to cope when Mr Davis plunged overboard during a Rosslare to Fishguard sailing in October 2000.
As a result, Captain David Rhys Parry Williams, attempted an 'ad hoc, ill prepared and not well thought out' rescue plan which culminated in the drowning of Mr Davis, who could otherwise have been saved, ruled the judge.
Captain Williams' 'hopeless' plan - which would have involved opening a door in the ferry's hull and throwing Mr Davis a line - was 'doomed from the outset' and, if put into effect, would have risked 'catastrophe' for his own vessel.
The judge said that had Captain Williams requested the nearby merchant vessel, Celtic King, to launch its fast rescue boat, Mr Davis would be alive today.
The court's decision means Marian Davis, of Bristol, is entitled to up to £250,000 compensation from Stena Line over her engineer husband's drowning.
She and daughters, Kim and Katie, now aged eight and ten, were on the ferry when Mr Davis went overboard.
Mr Justice Forbes said Mr Davis, an engineer doing well at work and free of financial worries, was 'in good spirits' and had 'no reason to commit suicide'.
Mr Justice Forbes concluded: "I am satisfied that Mr Davis's death by drowning was caused by the negligence of Stena and Captain Williams."
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