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A West Malling skipper who was responsible for a "catalogue of disasters" which led to a crewman's death has lost an appeal against his eight-month jail term.
Martin Richley, of Sandown Road, was sentenced in February — two years after a disastrous voyage led to his friend, Steven Trice, drowning — after pleading guilty to serious offences under the Merchant Shipping Act.
On his instruction Mr Trice, 56, was desperately trying to reattach a broken towline between tugboat Endurance and a 60ft motor cruiser she was towing despite treacherous conditions.
The doomed operation off Beachy Head resulted in Mr Trice, of Otterham Creek, Rainham, falling overboard and being swept away by strong currents — his body was found 11 weeks later.
His long-term girlfriend Suzanne had been tracking the boat, which was heading to Brighton, online and knew something was wrong when two lifeboats were dispatched.
The sentencing judge said he was guilty of a "catalogue of disasters which went beyond mere errors of judgment."
A Marine Accident Investigation Branch report found Richley was not trained or qualified in towing operations and did not follow good practice.
The inquiry also found Richley had been involved in two incidents weeks before Mr Trice's death, neither of which were reported to the authority.
"He chose to leave Dover in the face of forecast bad weather and there was no safety harness available. This was a very serious case of negligence." — Mr Justice Teare
But 39-year-old Richley appealed his sentence and has been out on bail ever since.
He today appeared at London's Appeal Court to challenge his sentence on the grounds it would have a disastrous impact on his family life and career.
The court heard how he was the main breadwinner for his family and an industrious and decent man with a long history of working on the river.
But hearing how the tow rope was defective and the vessel was severely undermanned top judges rejected the appeal.
Mr Justice Teare, sitting with Lord Justice Treacy and Judge Melbourne Inman QC, said the tragedy was a "disaster waiting to happen".
He added: "He chose to leave Dover in the face of forecast bad weather and there was no safety harness available.
"This was a very serious case of negligence.
"We consider that eight months was not excessive and that no shorter penalty could have been ordered."
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