THE family of an Egyptian fisherman who died when a trawler sank in heavy seas outside Glandore Harbour in Cork has settled a High Court action for €262,700.
Father of two, Wael Mohamed (35), drowned along with four others, including skipper Michael Hayes, when the Tit Bonhomme ran aground at Adam’s Island on Jan 15, 2012.
Mr Justice Kevin Cross Wednesday (Mar 5) was told an action taken on behalf of Mr Mohamed's widow and children had been settled without an admission of liability.
The sole survivor of the tragedy, Mr Mohamed's brother, Abdelbaky Mohamed, had sued Caitlin Hayes , the wife of skipper Michael Hayes and owner of the trawler as a result of his brother's death.
Mr Hayes, 21-year-old Kevin Kershaw, and two other Egyptian crewmen, Saied Ali Eldin, and Attaia Shaban, all died in the tragedy.
It was claimed there was an alleged failure to ensure that a distress call was made either immediately or at all and an alleged failure to navigate the ship in a safe manner.
It was further claimed there was an alleged failure to provide and follow acceptable standards in health and safety on the vessel.
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.
Hugh O'Keeffe SC, for Mr Mohamed, told Mr Justice Cross the widow, Neama Ahmed Mohamed, and the two young children, had come to Ireland for the case.
Abdelbaky Mohamed and the the rest of his family had waived their rights in favour of the widow and children, counsel said.
Counsel told the court the tragedy happened during a five day fishing trip in January, 2012.
Water had entered the wheelhouse, there was an oil leak, and it was decided to return to port.
Counsel said it would have been their case that the skipper should have notified the coastguard that they would be limping back to port.
The trawler was making for Glandore at a slow speed but at some stage it went off auto pilot.
Only two of the men including, Abdelbaky Mohamed, managed to get life jackets on.
Mr Mohamed survived in the water for two hours until rescuers came across him. Two 999 calls were made from the trawler, but no messages was sent using the two radio systems aboard, counsel said.
Approving the settlement Mr Justice Kevin Cross said it was a very tragic case.
Over two years ago, the family of Kevin Kershaw, Clonakilty, Cork who died on his first ever fishing trip when the Tit Bonhomme went down, settled their High Court action for €40,000.