By Albors Galiano Portales
The court found that the risk created by a vessel sailing without lights in the wake of another vessel, which produced what appeared to be a false radar echo, could not have been detected. It held that the captain “did what the situation required, which was to remain on the bridge, keeping a heightened visual and direct lookout around him throughout the approach and entry into port”.
The Criminal Section of the Ibiza Court of First Instance (Court No. 2) has acquitted the captain of the ferry Formentera Direct of gross professional negligence resulting in death. He had been charged following the collision between the ferry and the pleasure craft India, which occurred on the night of 17 August 2021 near the entrance to the port of Ibiza. Sadly, a passenger on board the pleasure craft lost his life in the accident.
Judgment 234/2026 of 17 September, which is now final, does sentence the skipper of the pleasure craft India to two years’ imprisonment and a three-year professional disqualification. The Public Prosecutor had sought the same penalties for the ferry captain, who has now been acquitted.
The judge found it proven that the skipper of the India was sailing without lights and under the influence of alcohol, and that he failed to keep the lookout needed to notice the ferry before changing course. The family of the deceased had already been compensated out of court and therefore did not bring a private prosecution. The Public Prosecutor was the only prosecuting party in the proceedings.
Albors Galiano Portales conducted the defence from the investigation stage, which began in 2021, through to the trial held last July, and maintained the captain’s innocence throughout. The team was led by partner Jaime Albors, with associate Jorge Llovo.
The judge considered that the captain acted with the required diligence. The pleasure craft was sailing at night, without lights and in complete darkness, which made it impossible to see from the ferry. The two vessels were initially on courses with no risk of collision. At the last moment, however, the India made a sharp turn to starboard and crossed the ferry’s path. According to the judgment, this created a risk that the captain could neither detect nor avoid in the circumstances.
The court concluded that the captain did what the situation required, namely keeping a lookout from the bridge. It added that “the presence of the serious risk triggered by the other defendant was not discernible”.