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Salmon company faces court over employee’s  death                  6/11/11

A Western Isles fish farming company faces a criminal charge after a man drowned when an allegedly overloaded boat capsized on an island loch.

West Minch Salmon is due to appear in court charged with failing to ensure the safety of its employees including Peter Kenneth Duce who died when the dingy overturned on Loch na Creige at Soval in South Lewis on 26th February 2008.

Five fish farm staff of West Minch Salmon were in the boat and ended up in the water but Murdo Fraser, Matthew Armstrong, Donald Maclean and Malcolm Mcinnes managed to swim to shore.

Mr Duce’s body was recovered the following day after a major search including police, coastguards and a rescue helicopter.

At the time, West Minch Salmon was owned by Angus Macmillan, the chairman of community buyout South Uist estate. Mr Macmillan recently sold the firm to The Scottish Salmon Company.

West Minch Salmon is accused of exposing workers to risks and failing to provide a safe boat to transport the men out to the fish cages in the middle of the freshwater loch.

It is alleged it was was overloaded and exceeded its recommended safe limit of three people by carrying five workers.

The lengthy single charge claims the boat was unsafe when used the way it was - that it was susceptible of being swamped with water and filled up and overturned resulting in all five employees in going into the water resulting in the drowning of Mr Duce.

The fish farmer is said to have failed to provide sufficient information, instruction and training to employees for the safe use of the boat.

The firm is also alleged to have failed to ensure workers wore appropriate personal protective safety equipment.

The case is due to call in Stornoway Sheriff Court in front of Sheriff Alasdair Macfayden later this week.