Families of two Egyptian victims settle for €137,700 and €162,700.
The family of two Egyptian fishermen who died when the Tit Bonhomme trawler sank in heavy seas outside Glandore Harbour, Co Cork, have settled their High Court actions for €137,700 and €162,700 respectively.
Mr Justice Kevin Cross was told the two actions by the families of fishermen Saled Mohamed Ibrahim Aly Eldin, aged 22l, and Attia Shaaban, aged 26, had been settled and the settlement was without an admission of liability.
The families of the two Egyptian fishermen had sued Caitlin Hayes , the wife of the late Michael Hayes and the owner of the trawler as a result of the deaths in 2012.
Skipper Michael Hayes, 21-year-old Kevin Kershaw, and another Egyptian crewman also lost their lives.
Mr Justice Cross extended his sympathies to family members who were in court for the ruling.
Hugh O’Keeffe SC said Mohamed Mohamed Ibrahim Aly Edlin had brought an action as a result of the death of his son Saled Mohamed Ibrahim Aly Eldin from The Quays, Skibbereen, Co Cork.
He claimed there was an alleged failure to take any adequate precautions for the welfare of his son while he was employed as a crewman on the vessel and an alleged failure to ensure the crew wore the correct personal flotation devices for abandon ship situations. The claims were denied. The case was settled for €162,700
Ragab Shaaban, a brother of Attia Shaaban, of Union Hall, Co Cork, settled his action for €137,700
It was claimed there was an alleged failure to navigate the ship in a safe manner and an alleged failure to ensure all the crew on board had adequate training. The claims were denied.
Two years ago a jury at the inquest into the deaths of five crew on the fishing trawler returned verdicts of accidental death.
Senior counsel Hugh O’Keeffe, at an earlier hearing, said the Tit Bonhomme had departed from Union Hall for a five-day fishing trip on January 13, 2012.
Mr O’Keefe said water had entered the wheelhouse and there was also an oil leak and it was decided to return to port. The trawler was making for Glandore at a slow speed but Mr O’Keefe said at some stage, it went off auto pilot.
Only two of the men, including Abdelbaky Mohamed, managed to get life jackets on. Counsel said Mr Mohamed was the sole survivor and was in the water for two hours until rescuers came across him. Two 999 calls were made from the trawler, but no message was sent by either the DSC (Digital Selective Calling) radio or the McMurdo radio on board.
Earlier this month, the widow and children of another Egyptian fisherman, Wael Mohamed, aged 35, settled a High Court action for €262,700.
Over two years ago the family of Kevin Kershaw of Clonakilty, Co Cork, who died on his first ever fishing trip, settled its High Court action for €40,000.
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