Cases

Fishing boat captain who imposed arduous working conditions on migrant crew sentenced

The captain of a fishing vessel who treated foreign crew workers ‘like slaves’ has been sentenced over a breach of maritime health and safety regulations.

Evidence gathered by prosecutors from the Crown Office and Procurator Fiscal Service (COPFS) showed Tom Nicholson, 38, imposed arduous working conditions on five migrant sailors. 

Nicholson, of Annan, Dumfries and Galloway, ordered them to work round-the-clock shifts and restricted access to food aboard his ship, The Sea Lady. 

He also refused to provide proper training for the men or allow adequate rest periods during prolonged periods at sea on board the scallop dredger. 

The offences took place between July and December 2017 while Nicholson worked for Kirkcudbright-based TN Trawlers, a fishing company owned by his family. 

At Hamilton Sheriff Court, he was given a community payback order and ordered to carry out 300 hours of unpaid work after admitting a charge under maritime legislation. 

He was also made subject of a restriction of liberty order for a period of 12 months. 

Nicholson’s conviction came after the court heard three days of evidence from two of the migrant seafarers from Ghana. 

Prosecutor Sineidin Corrins, of COPFS, said:  

“These men showed commendable courage in coming forward to provide difficult testimony in court. 

“Their accounts detailed the harrowing and completely unacceptable conditions they were forced to endure under the captaincy of Tom Nicholson. 

“And those testimonies helped to ensure he was convicted of a serious offence. 

“They suffered significant trauma while he was in charge of the vessel and responsible for their well-being and safety. 

“Tom Nicholson has now been brought to account by the court for his offending conduct.” 

One sailor told the court the crew were expected to work non-stop without any breaks. 

Another said the crew were not provided with adequate food or given any training or safety instructions. 

Instead, they had to resort to eating octopus or fish caught in the ship’s nets. 

When one crew member confronted Nicholson over their conditions, he told him he was ‘a slave’.