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The European Ombudsman may be asked to examine the case of the Mary Kate, the fishing vessel which developed serious stability issues after it was bought by an Arklow family.

An Oireachtas committee has also agreed to appoint an expert to examine information surrounding the case.

Representatives of the departments of transport and agriculture, food and marine may then be invited before the committee after the expert report is completed.

The Joint Committee on Public Petitions and the Ombudsmen has proposed to take these actions after an initial hearing on the case in late February.

Arklow fisherman CJ Gaffney was invited to outline his experience, where he was left with debts of 1 million euro.

The committee had also invited Mary Bertelsen, campaigner and concerned citizen on people’s rights; Jakob Pinkster, Dutch stability and ship building expert; and Justin Delaney, stability expert.

Gaffney had tried unsuccessfully to take legal action in both the Netherlands and Germany after he discovered the stability issues with the vessel.

He told the committee members how he took out a loan to cover fixing the vessel and then had to surrender it to the bank in 2012.

He sought EU funds in compensation, but the EU said it was up to the national state as it was under 24 metres in length.

The vessel was broken up in New Ross, Co Wexford last year under the government’s decommissioning scheme.

Gaffney maintains that questions need to be asked at both national level and EU level as to how the beam trawler was issued with a stamped stability book from a renowned international classification society.

The committee members heard that 11 sister vessels were built, and three of them are similar to the Mary Kate – as in four “incorrect vessels” which were much heavier in the water.

Delaney said this had serious maritime safety implications, and said he had tried to raise the issue with the relevant German and Dutch authorities.

He expressed his shock that an EU investigation had not as yet been initiated, and said that the Gaffneys also deserved compensation for their ordeal.

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Independent Senator Victor Boyhan has given his backing to a skipper’s battle for redress over the purchase of a fishing trawler that proved to be dangerously unstable, according to The Fishing Daily.

As previously reported on Afloat.ie, CJ Gaffney and his father bought the beam trawler Mary Kate in the Netherlands in 2007.

The vessel was certified as safe by German authorities, but after a number of close calls where Gaffney says it “almost turned over”, it was discovered that 20 tonnes of unaccounted steel were in the hull.

The Gaffney family subsequently opted to lengthen the vessel for safety and it was issued a stability certificate by the Marine Survey Office in 2009.

But the remedial works left the family unable to afford a new fishing licence for the Mary Kate, and a potential sale to the UK was blocked by the Maritime and Coastguard Agency.

What’s more, the family attempted legal action against a number of parties including the German Marine Safety Authority but jurisdiction could not be established.

The boat has since been sold off by Gaffneys’ lenders and the family are left with an outstanding loan of €2 million.

A number of politicians have raised the Gaffney’ plight in both the European Parliament and the Dáil.

And Senator Boyhan, a former county councillor in Dun Laoghaire-Rathdown, is the latest to lend his support to the Arklow fishing family — calling on Transport Minister Eamon Ryan to have his department carry out a thorough investigation in to the matter.

“No words can describe the nightmare the family has lived through. They have lost their boat, their fishing licence, their fishing quota, their family investment,” he says.

“They have lost their livelihood, and respectability within the fishing community, they also feel they have lost their good name and their proud maritime heritage spanning five generations of their family. They are financially ruined.”

The Fishing Daily has more on the story HERE.

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The Sydney Hobart Yacht Race

The Rolex Sydney Hobart Yacht Race is an annual offshore yacht racing event with an increasingly international exposure attracting super maxi yachts and entries from around tne world. It is hosted by the Cruising Yacht Club of Australia, starting in Sydney, New South Wales on Boxing Day and finishing in Hobart, Tasmania. The race distance is approximately 630 nautical miles (1,170 km).

The 2022 Rolex Sydney Hobart Yacht Race starts in Sydney Harbour at 1pm (AEDT) on Monday 26 December.

This is the 77th edition of the Rolex Sydney Hobart. The inaugural race was conducted in 1945 and has run every year since, apart from 2020, which was cancelled due to the COVID-19 pandemic.

88 boats started the 2021 Rolex Sydney Hobart, with 50 finishing.

The Sydney Hobart Yacht Race - FAQs

The number of Sydney Hobart Yacht Races held by the Cruising Yacht Club of Australia since 1945 is 75

6,257 completed the Sydney Hobart Yacht race, 1036 retired or were disqualified)

About 60,061 sailors have competed in the Sydney Hobart Race between 1945 and 2019

Largest fleets: 371 starters in the 50th race in 1994 (309 finished); 154 starters in 1987 (146 finished); 179 starters in 1985 (145 finished); 151 starters in 1984 (46 finished); 173 started in 1983 (128 finished); 159 started in 1981 (143 finished); 147 started in 1979 (142 finished); 157 started in 2019 (154 finished)

116 in 2004 (59 finished); 117 in 2014 (103 finished); 157 in 2019 (154 finished)

Nine starters in the inaugural Sydney Hobart Yacht Race in 1945

In 2015 and 2017 there were 27, including the 12 Clipper yachts (11 in 2017). In the record entry of 371 yachts in the 50th in 1994, there were 24 internationals

Rani, Captain John Illingworth RN (UK). Design: Barber 35’ cutter. Line and handicap winner

157 starters, 154 finishers (3 retirements)

IRC Overall: Ichi Ban, a TP52 owned by Matt Allen, NSW. Last year’s line honours winner: Comanche, Verdier Yacht Design and VPLP (FRA) owned by Jim Cooney and Samantha Grant, in 1 day 18 hours, 30 minutes, 24 seconds. Just 1hour 58min 32secs separated the five super maxis at the finish 

1 day 9 hours 15 minutes and 24 seconds, set in 2017 by LDV Comanche after Wild Oats XI was penalised one hour in port/starboard incident for a finish time of 1d 9h 48m 50s

The oldest ever sailor was Syd Fischer (88 years, 2015).

As a baby, Raud O'Brien did his first of some six Sydney Hobarts on his parent's Wraith of Odin (sic). As a veteran at three, Raud broke his arm when he fell off the companionway steps whilst feeding biscuits to the crew on watch Sophie Tasker sailed the 1978 race as a four-year-old on her father’s yacht Siska, which was not an official starter due to not meeting requirements of the CYCA. Sophie raced to Hobart in 1979, 1982 and 1983.

Quite a number of teenage boys and girls have sailed with their fathers and mothers, including Tasmanian Ken Gourlay’s 14-year-old son who sailed on Kismet in 1957. A 12-year-old boy, Travis Foley, sailed in the fatal 1998 race aboard Aspect Computing, which won PHS overall.

In 1978, the Brooker family sailed aboard their yacht Touchwood – parents Doug and Val and their children, Peter (13), Jacqueline (10), Kathryne (8) and Donald (6). Since 1999, the CYCA has set an age limit of 18 for competitors

Jane (‘Jenny’) Tate, from Hobart, sailed with her husband Horrie aboard Active in the 1946 Race, as did Dagmar O’Brien with her husband, Dr Brian (‘Mick’) O’Brien aboard Connella. Unfortunately, Connella was forced to retire in Bass Strait, but Active made it to the finish. The Jane Tate Memorial Trophy is presented each year to the first female skipper to finish the race

In 2019, Bill Barry-Cotter brought Katwinchar, built in 1904, back to the start line. She had competed with a previous owner in 1951. It is believed she is the oldest yacht to compete. According to CYCA life member and historian Alan Campbell, more than 31 yachts built before 1938 have competed in the race, including line honours winners Morna/Kurrewa IV (the same boat, renamed) and Astor, which were built in the 1920s.

Bruce Farr/Farr Yacht Design (NZL/USA) – can claim 20 overall wins from 1976 (with Piccolo) up to and including 2015 (with Balance)

Screw Loose (1979) – LOA 9.2m (30ft); Zeus II (1981) LOA 9.2m

TKlinger, NSW (1978) – LOA 8.23m (27ft)

Wild Oats XI (2012) – LOA 30.48m (100ft). Wild Oats XI had previously held the record in 2005 when she was 30m (98ft)

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