THE owner of a fishing boat is to go trial on charges linked to the deaths of two crew members from carbon monoxide poisoning.

Victims Mark Arries, 26, and Edward Ide, 21, from Northumberland, died on the Eshcol while using a stove to keep warm when the scallop dredger was moored overnight in Whitby Harbour in 2014.

Investigations have previously found father-of-two Mr Arries lit the grill on the dilapidated cooker in the wheelhouse of the boat during a 36-hour fishing voyage as he wanted to make the pain in his mouth more bearable.

After unloading their catch of 26 bags of scallops at 2am on January 15 in the harbour, the 26-year-old went to sleep with crewmate Edward Ide, 21, leaving the cooker on as temperatures dropped to near freezing.

Darlington and Stockton Times: TRIAL: A boat owner is facing charges over the deaths of two men on scallop dredger Eshcol when it was moored in Whitby Harbour in January 2014
TRIAL: A boat owner is facing charges over the deaths of two men on scallop dredger Eshcol when it was moored  in Whitby Harbour in January 2014

The tragedy was discovered at 9am when the owner’s son, Jake Davies, then 15, working on an adjacent boat, woke and could not see any signs of life on the Eshcol.

Vessel owner Timothy Bowman-Davies, from Pembrokeshire, appeared via video link before Scarborough magistrates.

He faces two charges under the Merchant Fishing Health and Safety at Work Regulations and one under the The Merchant Shopping Act.

It is alleged in the charges that he failed to take all reasonable steps to ensure the vessel was operated in a safe manner.

According to the three counts, he also failed to check the galley cooker and grill, failed to ensure his crew was not exposed to carbon monoxide and failed to install a carbon monoxide detector, which an inquest said could have saved the sailors’ lives.

He is also accused of failing to identify the increased risk of carbon monoxide poisoning from the cooker due to its condition and failing to provide an alternative heat source for the crew to warm themselves.

It is also claimed he failed to provide the fishermen with adequate instructions on using the cooking and heating equipment.

Asked to enter pleas via video screen from Llanelli Magistrates Court in South Wales, Bowman-Davies, aged 43, of Lighthouse Drive, Hazelbeach, Nyeland, said: “Not guilty to all three.”

Counsel James Leonard, prosecuting for the Maritime and Coastguard Agency, successfully applied for the case to be sent to York Crown Court.

He added: “The case is not suitable for summary trial. Our case is two men died in Whitby Harbour as a direct consequence of the defendant’s failures in relation to a cooker.

“Two men died. A third only survived because he chose to spend the night on shore.”

Defending solicitor Gordon Sewell said: “The defendant does not accept any of the prosecution case.

“This is not a case of manslaughter. An inquest jury returned a conclusion of death by misadventure.”

Bowman-Davies, making his first appearance on the charges, was bailed to appear at York Crown Court on August 26.

It is estimated 50 people in the UK are killed by carbon monoxide each year, and a further 4,000 people are treated for poisoning by the gas in hospital. The number of people poisoned by carbon monoxide is likely to be much higher as it is difficult to diagnose due to symptoms being similar to common illnesses like flu and food poisoning.