Toby William Jamieson

Toby William Jamieson was born on 9 April 1979. He was a deckhand on board the vessel Claire D. The vessel was owned by Morning Holdings Pty Ltd and operated by the Servaas family. It was licensed to use 112 pots to fish for rock lobster in Zone C, which included the Bunbury Region. The vessel was skippered by Daniel Servaas. Neil Dempster was also a deckhand. All 3 crew were very experienced in the industry.

During the morning of 19 May 2001, the vessel was operating approximately 43 nautical miles west of Bunbury setting gear. The wind was 5 to 10 knots north easterly, with a small choppy sea and no swell. Neil was responsible for the setting of the pots and Toby was handling the ropes. Neil was setting pots on the starboard side of the vessel. Each pot had a 9-metre strop, a first coil with 22 metres of rope, a second coil with 36 metres of rope, and a third coil with 73 metres of rope. The strop or first rope was placed overboard and trailed in the water. Toby handled the ropes and was holding the first coil of rope in his hand. Daniel would use a hooter to signal the crew to set the Pot.

When setting the 12th or 13th pot, Daniel sounded the hooter. Neil slid the pot into the water. Toby dropped the first coil of rope into the water. Neil moved back from the side and stood behind Toby. Toby bent down and threw the second coil of rope from the deck. His arm or hand was caught in the rope. Toby either jumped or was pulled overboard. The vessel was stopped, and Daniel left the raised wheelhouse and moved to the rear of the deck. Toby was floating some metres behind the vessel. The third coil of rope was lying on the deck leading to Toby. The crew called out to Toby, and he returned an inaudible reply. Neil entered the water armed with a knife. Toby began to sink. Neil submerged 20 to 30 metres and cut the rope below the arm of the deceased to free him from the weighted pot. Neil ascended, observing Toby who was attempting to follow.

Toby did not successfully reach the surface, and his body was never recovered despite a well organised, co-ordinated and thorough sea and air search which took place during that day and up to the 24 May 2001, subject to weather conditions. The search involved several vessels, including Water Police, the Department of Transport, a Fisheries Vessel, the Naturaliste Volunteer Sea Rescue Group and aircraft.

An inquest was held at Bunbury on 27 March 2002. The coroner, Mr R B Lawrence SM found that despite the valiant and brave attempts by Neil Dempster the deceased was overcome by the circumstances and died because of drowning which was caused by Accident. He recommended Fisheries WA and industry stakeholders review the methods of rock lobster pot setting to identify the most practicable work safe procedure. He also recommended the owners and persons responsible for the operation of Commercial Fishing Vessels should develop, institute and constantly review training programmes, emergency procedures and occupational safety and health programmes for those persons employed in the industry.