The mother of a 19-year-old Frenchman, who drowned after jumping overboard during a boat party in 2017, is determined to continue her legal battle to ensure that such cruises are better regulated.
Christine Lecomte is refusing to accept the outcome of last week’s court judgment that found that her son’s death was the result of “a foolish act of youth” – exonerating the boat owners from all responsibility.
She will be appealing the decision which she feels sanctioned a scenario that remains a recipe for disaster: a crowd of young people, alcohol, loud music and – in her son’s case – rough seas.
“What’s important is that the conditions of such cruises – the way they are run – change so that there are no more accidents like that of my son. It could have been prevented. More had to be done to control the people on board for their safety,” Lecomte said with the help of an interpreter.
She was sitting at the Valletta offices of her lawyers, Cedric Mifsud and Francois Marie Georges Laffoucrière, accompanied by her other son, 23-year-old Nathan, a few days after the judgment was handed down.
Her eldest son, Julian Quatresous, died after he jumped off the Fernandes II into the sea with another five friends on August 12, 2017.
The friends had come to Malta on an 11-day holiday that started on August 8. Julian had just been accepted to join the merchant navy and was celebrating.
On the day of his death, he and his friend went on a boat party to Comino aboard the Fernandes II, operated by Captain Morgan.
When the boat was in the St Julian’s area, about half a mile out of Portomaso, they recognised the area and decided to jump into the sea and swim to shore to get to Paceville quicker, without waiting for the vessel to head back to berth in Sliema.
But they underestimated the distance to shore and the rough sea.
Five friends made it to shore, some of them rescued by the Armed Forces of Malta, but Julian did not.
His body was found five days later about a mile off Portomaso.
As the search for him was still on, Julian’s friends informed his mother who was in Spain at the time and she flew to Malta along with Nathan, then 16, and her sister.
After her son’s body was found, she wanted to understand what could have gone wrong – so she booked a place on the Fernandes II.
“When his friends told me that he died on a cruise, my reaction was – people don’t die on a cruise. Something was not right. So, I took the cruise,” she said.
What’s important is that the conditions of such cruises – the way they are run – change- Christine Lecomte
She went with her sister. They did not like what they saw and felt the atmosphere was not safe for young people who had been drinking alcohol.
The family eventually filed a civil case against the boat operator, Captain Morgan, holding the company responsible for the incident.
Last week, Mr Justice Toni Abela, presiding over the First Hall of the Civil Court, turned down their plea after finding that Julian was an adult and was responsible for what happened.
The court heard how the boat, owned by Captain Morgan, was chartered to party organiser, Cosimo Dambra, who testified that he provided catering, a deejay, bar staff and two licensed security officers. The court found that the boat abided by existing health-and-safety regulations.
The captain of the vessel could not have foreseen that the young men would have jumped off the boat voluntarily, in the dark and rough sea, the judge said, noting that they were all adults and responsible for any excessive alcohol they may have consumed during the boat party.
Christine and Nathan were in Malta when the judgment was read out. They were “disappointed” when their lawyers translated the outcome.
Her lawyer, Mifsud said that, while the family respected the decision of the court, they would be appealing.
Christine wants to make sure that her son’s death will, at least, lead to change – stronger regulations that would prevent any such accidents from happening again in future.
She believes that party boats need stricter regulations that should also factor in the weather conditions.
In reaction to this, a Captain Morgan spokesperson said that, while the company had every sympathy with the mother, the court ruled that Captain Morgan was in full compliance with all relevant health-and-safety regulations and could in no way be held responsible for the tragic death.
“Unfortunately, no regulations could have prevented what happened. Along with five friends, Mr Quatresous had voluntarily jumped into the sea as the vessel was preparing to berth in Sliema… Captain Morgan has operated boat parties without major incident for many years. They are a safe and enjoyable form of entertainment, provided that guests apply common sense and follow the clear instructions they are given by the crew.”
Questions were sent to the transport ministry about plans to change current regulations to improve safety during boat parties.