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The family of a Western Isles fisherman missing after his boat sank are taking legal steps to have him officially declared dead.

Paul Alliston, of Lewis, was lost after the Lewis-owned shellfish vessel, MFV Louisa, went down off Mingulay on 9 April.

The 42-year-old skipper went into the flooding wheelhouse to grab lifejackets as the four crew abandoned the crab boat.

But the vessel's liferaft did not inflate and the fishermen were left in the cold sea, hanging onto the side of the barely, floating device.

Martin Johnstone, 29, from Caithness, died while trying to swim to shore when the Louisa went down about 250 metres off Mingulay Bay, some 13 miles south of Vatersay.

Father-of-two, Chris Morrison, 27, of South Harris, also perished.

Lachlan Armstrong, 27, from Stornoway, made it to rocks after freeing up space on a makeshift semi-submerged floatation rubber sheet they were hanging on to.

Locals say the body of Paul Alliston was later seen floating in the water, about half a mile away,  close to shore,.

He is still missing despite land, air and sea searches.

An action to declare him dead has now been raised at Stornoway Sheriff Court under the Presumption of Death (Scotland) Act 1977.

A public notices states: “An action has been raised in Stornoway Sheriff Court, by Wilma McMillan, Andrew Damien McMillan, and Nicola Marie Mackinnon, pursuers, to declare that Paul Alliston, defender, whose last known address was 2 Shieldinish, Lochs, Isle of Lewis, is dead.”

The notice says that any person wishing to be formally included to the legal process should lodge an application to the court by Thursday.

The Louisa has been salvaged on behalf of the Marine Accident Investigation Branch (MAIB) which is probing the accident.

Bid to declare missing fisherman dead

21 July 2016

MFV Louisa                                                                             Photo: MAIB