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Officer cleared over Ouzo charges Yacht deaths trial clears seaman
(40 minutes later)
A car ferry officer has been cleared of all charges relating to the deaths of three crewmen when their yacht, the Ouzo, sank in the English Channel. A car ferry officer has been cleared of all charges relating to the deaths of three yachtsmen in the English Channel.
Michael Hubble, 62, of Kent, was the officer of the watch in charge of P&O's Pride of Bilbao which was in a close encounter with the yacht. Michael Hubble, 62, of Kent, was the officer of the watch in charge of P&O's Pride of Bilbao when it was involved in a close encounter with a yacht.
The jury was unable to reach verdicts on charges of endangering the men's lives under the Merchant Shipping Act. Mr Hubble was cleared of manslaughter, but jurors could not reach verdicts on charges of endangering the men's lives under the Merchant Shipping Act.
James Meaby, 36, Rupert Saunders, 36, and Jason Downer, 35, all drowned. The judge instructed that "not guilty" verdicts be recorded.
Mr Hubble was found not guilty of the men's manslaughter on Wednesday.
The Ouzo was lost off the Isle of Wight in the early hours of 21 August last year.
The jury at Winchester Crown Court had been deliberating for more than 33 hours after reaching their decision over the manslaughter charges but could not reach a decision.
Each of us has been devastated by death of a much-loved family member who gave us so much pleasure and enjoyment Statement from the sailors' families Mystery still surrounds Ouzo
Mr Hubble was formally cleared of engaging in conduct as a seaman that was likely to cause death or serious injury, and the judge, Mr Justice Owen instructed that not guilty verdicts be recorded.
There will be no retrial.There will be no retrial.
In statement, the sailors' families said: "Each worked hard in their employment to reach a time when they were each just beginning to reap the benefits of their hard work. The Ouzo was lost off the Isle of Wight in the early hours of 21 August last year.
The bodies of James Meaby, 36, Rupert Saunders, 36, and Jason Downer, 35, were found later.
Each of us has been devastated by the death of a much-loved family member who gave us so much pleasure and enjoyment Statement from the sailors' families Mystery still surrounds Ouzo
Mr Hubble, from Capel-le-Ferne, Folkestone, was in charge of the 37,500-tonne Pride of Bilbao on the night Ouzo disappeared.
At about 0107 BST the ferry was involved in a close encounter with a yacht, but Mr Hubble always maintained it was not Ouzo and that the boat sailed away safely.
In a statement, the sailors' families said: "Each worked hard in their employment to reach a time when they were each just beginning to reap the benefits of their hard work.
"They enjoyed life to the full, they worked hard and played hard."They enjoyed life to the full, they worked hard and played hard.
"They were safety conscious sailors - safety first, safety second safety third. "They were safety conscious sailors - safety first, safety second, safety third.
"Each of us has been devastated by the death of a much-loved family member who gave us so much pleasure and enjoyment.""Each of us has been devastated by the death of a much-loved family member who gave us so much pleasure and enjoyment."
'Correct decision' Mr Hubble said after the trial: "The families of the men have my deepest sympathy, but the demise of those men was nothing to do with me, or any action of mine or the Pride of Bilbao."
Mr Hubble, from Capel-le-Ferne, Folkestone, was in charge of the 37,500-tonne ship when it was allegedly involved in the sinking. 'Excellent' officer
He said: "The families of the men have my deepest sympathy but the demise of those men was nothing to do with me, or any action of mine or the Pride of Bilbao." Mr Hubble's solicitor, Kerry King, said: "There are no winners in a trial like this.
Mr Hubble's solicitor, Kerry King, said: "We are extremely pleased with the outcome. "Mr Hubble can now get on with his life but we have to be mindful in our celebrations for the families of the three men who died."
"There are no winners in a trial like this. Mr Hubble can now get on with his life but we have to be mindful in our celebrations for the families of the three men who died. Mr Hubble was described as an experienced seaman who had been awarded commendations twice for stepping in to avert danger at sea.
"Mr Hubble has always maintained that the decision he made as the officer on watch was the correct one." He had more than 40 years' experience at sea - many of them on ferries.
Captain Alastair McFadyen handed over control of the ship to Mr Hubble about 30 minutes before the incident with a yacht.
Coastguard response 'flawed'
He told the court he had confidence in his second officer and described him as "excellent".
During the trial, jurors were told by the defence team that experts from South Tyneside College calculated Ouzo was close to a 3,000-ton coastal tanker called Crescent Beaune at 0140 BST on 21 August.
A report into Ouzo's disappearance by the Marine Accidents Investigation Branch (MAIB), published in April, was not shown to the jury.
The MAIB investigates all maritime accidents but does not apportion blame, and therefore its report could not be used as part of any prosecution.
It concluded Ouzo was almost certainly affected by a collision or near-collision with a large vessel.
It also said it was of the "firm opinion" that Ouzo was the yacht involved in the close encounter with Pride of Bilbao.
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