Matthew Vella
The preliminary inquiry into the tragedy of the fishing boat Simshar in July 2008 has found no evidence to contradict the version of events of sole survivor Simon Bugeja.
The inquiry was tabled in parliament yesterday and was conducted by Dr Ann Fenech, who said there was limited evidence to either contradict or corroborate Bugeja’s testimony.
Four people died during the ill-fated fishing trip, including Bugeja’s 11-year-old son Theo, his 61-year-old father Carmelo, Noel Carabott, 33, and Somali national Abdulrahman Gedi, 21.
According to Bugeja, a fire on board the Simshar led to an explosion that consumed the entire boat and threw his crew overboard. Bugeja spent an incredible eight days at sea before being recovered by a fishing boat that was sent out to find him.
“It is not possible to conclude with any degree of certainty that the events which surrounded the casualty affecting the vessel Simshar as explained by the sole survivor actually took place exactly the way he said they did,” Fenech said.
But she said there were limited pieces of independent evidence which would go towards corroborating some of what the witness stated.
“The fact that little of what the witness has stated has been corroborated by other independent evidence, does not however in my view mean that one can legitimately put to doubt the rest of what the witness stated.”
Fenech said that save for four areas which threw some doubt over the recollection of the witness and which produce some inconsistency in those areas, she did not come across any evidence to “seriously challenge the important parts of the evidence” given by Bugeja, “being that an explosion took place whilst they were out at sea, that a fire ensued as a result of which the boat was totally consumed by the fire, that all the persons on board the vessel ended up in the sea, that all the persons except for Simon Bugeja started to pass away one by one and that there was no foul play causing the casualty either by anyone on board or any other third party.”
Fenech said the four areas which threw some doubts on Bugeja’s account related to the explosion followed by the fire, his account that none of the other persons with him were injured during the explosion and fire, his account on the duration of the fire and what happened to the life raft during or after the explosion.
Fenech also put paid to various rumours surrounding the disappearance of the Simshar, citing a lack of evidence.
“I have heard rumours of the Simshar having been attacked by foreign fishermen, who shot at the vessel repeatedly, leading to an explosion on board. I have heard rumours about foreign fishermen with whom Simon Bugeja previously had arguments, attacking the boat, throwing all the persons off the boat into the sea and taking the boat; I have heard rumours about the same fishermen throwing the four adults into the sea and going off with the vessel and the boy; I have heard rumours of explosives on board the vessel which accidentally took off, causing the casualty - In the 11 months of the inquiry I have come across no evidence that would suggest any of the above are anything more than unsubstantiated rumour.”
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