French court reviews pay-out to family of fisherman killed in Condor collision

Tuesday 17 July 2018

One of France’s highest courts is reviewing the amount of compensation paid out to the family of a fisherman killed after a Condor ship on its way to Jersey ploughed into his boat while the captain and crew discussed Catwoman.

42-year-old Philippe Lesaulnier’s fishing boat, Les Marquises, was sliced in two during the fatal collision around 07:55 on 28 March 2011. Two French nationals on board were treated for shock.

In 2017, the Lesaulnier family were handed around €300,000 in compensation, while €15,500 was given to the owner of Les Marquises and €10,000 to the two other sailors.

But now Le Cour de Cassation – known as one of France’s 'courts of last resort' – is reviewing whether those on board Les Marquises should accept a portion of responsibility for the crash, leading to a lower pay-out sum.

Captained by Paul Le Romancer, the Condor Vitesse had been travelling from Saint Malo to Jersey in thick fog. Despite the weather conditions, the ship’s fog horn was turned off, with the crew believing that the ship’s engine would be loud enough to alert nearby craft.

Minutes before the crash, transcripts revealed that the senior crew had been discussing Halle Berry’s appearance in the film ‘Catwoman’ and her “sexy outfit”. During this time, the ship appeared on two Vitesse radars, but the crew failed to spot this. 

Four years later, Captain Paul Le Romancer was handed an 18-month suspended sentence following a hearing in an appeal court. That court determined that Mr Lesaulnier’s family deserved compensation – but the exact figure has been a source of contention over many years.

In December 2015, the Coutances Tribunal judged that Les Marquises had been 25% responsible for the crash. It suggested compensation of around €122,000 for the family, and €410,000 for L’Enim, a mariners’ pension fund.

The Caen Court of Appeal disagreed entirely, however. It ruled that the blame lay with the captain of the Condor Vitesse, leading to the €300,000 pay-out.

But now that decision is being reviewed again. The Court of Cassation last month concluded that the Court of Appeal was mistaken in reaching this conclusion, and that the responsibility should be shared between both vessels. 

Captain Paul Le Romancer claims that this should be fixed at 30%, Ouest-France reported, which is 5% higher than has previously been stated. The case, which was officially opened on 26 June, continues.

Pictured: The Condor Vitesse, which was involved in the fatal crash and was later sold off by Condor in 2015. (Chris Sampson/Wikipedia)