A callous trawler boss who told a crew to keep fishing instead of seeking medical help for an injured colleague has been fined £13,500.
Thomas Nicholson insisted crewman Joel Quince, who had been knocked unconscious and was bleeding heavily from a head wound, needed only painkillers and a hot drink.
As a result, there was a delay of almost 12 hours before the scallop dredger Philomena headed back to shore.
Even then the injured man had to phone a seaman’s mission to arrange transport to hospital.
Nicholson, 60, of Fishery House, Newbie, Annan, was sentenced at Hamilton Sheriff Court this week.
At an earlier hearing, he and his company, TN Trawlers Limited, admitted breaching maritime health and safety rules.
Sheriff Andrew McIntyre also ordered Nicholson to pay £3,000 compensation to the injured fisherman.
The sheriff told him: “Commercial interests were prioritised over the health and wellbeing of those working for you.
“It is a matter of good fortune that the seaman concerned did not, ultimately, suffer serious harm.
“It is necessary that you and others holding responsibility are deterred from committing such offences.
“However, I’m satisfied that a custodial sentence or an alternative to custody would be excessive and I should impose a financial penalty.”
The accident on board the company’s boat happened in August 2012.
No explanation for the lengthy delay in the case coming to court was given.
Colin Wilson, prosecuting, said Mr Quince was unconscious for up to 15 minutes after being struck by a towbar as he tried to fix a broken spring.
When he woke up he asked to be taken ashore as his head was painful.
Nicholson’s son, also Thomas, was skippering the vessel and sent a text message to his father for advice.
Mr Wilson stated: “Thomas Nicholson directed him not to call the Coastguard and said Mr Quince would be fine if the bleeding stopped. He should be given a hot drink and painkillers, then checked in the morning.
“Mr Quince was desperate to go to hospital as he was afraid the injury was serious and potentially fatal.
“However, the crew continued to fish into the early hours of the next morning.”
In another text to his father, nearly 12 hours after the accident, the skipper added: “He needs to go in as he is still bleeding and crying his eyes out.”
Nicholson junior then took the decision to sail for Troon.
Mr Quince phoned a clergyman at the seaman’s mission who met him when the vessel docked at 7pm, 22 hours after the accident.
He was taken to Crosshouse Hospital in Kilmarnock and had his head wound cleaned and glued.
Defence advocate Neil Shand said Nicholson admitted his conduct “fell below what was to be expected”.
Nicholson, who was a company director, was also accused of possessing false identity documents relating to 18 foreign nationals employed by the company, including Mr Quince.
However, his not guilty plea to that charge was accepted.
TN Trawlers, now said to be no longer trading, was admonished by the sheriff.
