Police coxswain believed he was at safe distance prior to fatal collision

A police coxswain who was navigating a vessel involved in a fatal collision at sea told the Coroner’s Court that he believed he had maintained a safe distance during the preceding high-speed nighttime pursuit.

The coxswain was giving evidence in the second day of an inquest into the deaths at sea of Mohamed Abdeslam Ahmed, 40, and Mustafa Dris Mohamed, 49, from Ceuta.

The men sustained catastrophic injuries on March 8, 2020, when their rigid-hulled inflatable boat was involved in a collision with a Royal Gibraltar Police vessel.

Central to the case is the evidence of the police coxswain who was at the helm of the police vessel during the high-speed pursuit which lasted roughly 15 minutes.

The coxswain, who has been granted full anonymity by the court, spent five hours on the witness stand on Tuesday where he was questioned about the circumstances surrounding the incident, its location and his police training.

The coxswain maintained throughout his evidence that at the time of the chase he believed he was within the limits of British Gibraltar Territorial Waters (BGTW).

Upon subsequent evidence shown to the coxswain, he said he now accepts that the chase had taken place in Spanish waters in the area of La Atunara.

His evidence was that it was never his intention to immobilise the other vessel and he had “hoped they would stop” during the chase.

His evidence was also that he was not aware that the police boat’s vessel-tracking technology called the Automatic Identification System (AIS), which broadcasts a vessels navigational data, was not switched on.

He told the court he thought the AIS was permanently switched on as soon as the vessel was turned on.

“I didn’t physically turn anything off,” the coxswain said.

“I switched on the breaker which I thought would power on the AIS.”

He said he was not aware that the AIS was switched off during the chase.

When asked how the AIS was turned on after returning to Gibraltar waters following the collision, he said: “I can’t account for that, I was suffering from shock.”

Separately, a chart plotter on the police boat that details maps and position data had not been manually switched on, as the coxswain said this affected night-time visibility.

He added that there were no instructions or standard procedures that the chart plotter had to be used at all times and that it had become routine not to use the plotter at night.

The coxswain told the court he thought he had kept a safe distance during the chase.

He added he believed at the time that the RHIB could have been carrying illicit cargo. However, evidence has since shown that there was no contraband onboard the vessel.

“At no point in time was it our intention to collide with that RHIB, especially with the events that transpired after,” he said.

When pressed by lawyers on the location of the high-speed pursuit, he was asked repeatedly whether he saw any markers that informed his belief that he was in BGTW.

It was put to him that a clear marker would have been Gibraltar’s airport as the runway lights would have been visible at night.

The coxswain told the court he could not recall if the runway lights were switched on and believed they were off at the time.

He added that prior to this incident, his pursuits had never veered out of BGTW.

He described the nature of the high-speed chase and said his attention would have also been placed on the vessels radar equipment.

“You can cover a mile in 30 seconds,” he said.

“My main focus was what was on the radar at the time.”

His evidence was that after the collision, in his view, the two men who died were sitting at the back of the RHIB as the two front seats were undamaged.

He added he was not trained to offer first aid in the scenario of a collision at sea.

The coxswain said he informed local authorities including Windmill Hill Signal Station regarding a fatality and an injured man in need of medical assistance.

The court heard how one of the vessel’s engines had failed during the effort to tow the RHIB back to the RGP’s marine base, and the tow took around 50 minutes.

The coxswain was asked why he did not make a mayday call.

“I can’t recall most of the aftermath or even how I took some of the decisions I took there,” the coxswain said.

He added: “The main concern was to get medical aid as quickly as possible.”

He rejected suggestions that during the 50-minute tow the crew discussed how they would recount the incident upon their arrival.

A video of the chase was also shown to the court.

The coxswain said he had left “considerable distance” at some points of the chase, adding that camera angles can give a very different interpretation.

The court also heard evidence regarding how the hull of the vessel, called Sir John Chapple, had been fitted with a log defender, which was effectively a metal saw to protect the bow.

The coxswain rejected that this log defender was considered as a “ramming device” or a weapon for use in pursuits.

He said during his time in the marine section he had encountered tires, metal and oil drums at sea and agreed that the log defender protected the vessel’s engines against debris.

“For the safety of the vessel it is a good thing,” he said.

Jamas Hodivala, KC, and Barnabas Barnston represent the interests of two police officers.

Christopher Finch is acting on behalf of the families of the deceased.

Neil Costa represents the RGP and was assisted by Louise Anne Turnock.

The inquest is a fact-finding exercise that is not tasked with apportioning criminal or civil liability.

The jurors, however, may make recommendations after hearing the evidence if they decide this is appropriate.

The inquest continues.