Skipper fined £2,000 for refusing breath test

Customs officers making their final checks on board the Torrent before it left port on Friday night found Oleg Filimonov, 41, in a boozy state on deck. And the sailor made legal history on Wednesday when he was convicted under laws normally reserved for drink-drivers.

Shah Amin, defending, said: 'In all my years as a solicitor, I have never come across a case in which the captain of a ship is charged under the Road Traffic Act.

'I have spent many hours searching through law books looking for similar cases, but cannot find even one. There appears to be no precedent for this.'

The Torrent arrived at Newhaven on Friday carrying split stone aggregate, which is used as the foundation for new roads. Magistrates in Brighton heard Filimonov, an Estonian national, was relieved of his duties while the cargo was unloaded '“ and took the opportunity to have a few drinks.

Prosecutor Sonia Flijani said: 'The vessel was due to leave Newhaven at high tide, shortly after midnight, once its cargo had been unloaded.

'At 9pm, customs officers boarded the boat to carry out routine checks before its departure.

'When they spoke to Mr Filimonov, it was clear he had been drinking and they smelt alcohol on his breath.

'Police were called and boarded the ship with the harbourmaster. In their report, they say the captain appeared to be heavily intoxicated.'

When they asked him to breathe into the breathalyser, Filimonov refused and told them: 'Go on then, arrest me.'

He told them he'd had a few beers, some gin and tonic and some rum. Officers later found a half-empty bottle of rum in his fridge on board the boat.

Filimonov, who has been a captain for 15 years, admitted refusing to do a breath test under the Road Traffic Act after prosecutors were unable to find a more relevant charge.

Defending, Mr Amin said: 'He had spent a long time at sea, and this was his only opportunity to see land before setting sail again at high tide.

'While his cargo was being unloaded, he went into Newhaven town centre to buy some food and drink, and drank a few beers during the day. 'Mr Filimonov has now spent nearly five days in custody. No legal precedent for this case can be found. To all intents and purposes, it appears to be the first of its kind. I would ask he is dealt with by way of a fine.'

Mr Amin added Filimonov, who lives in Tallinn, Estonia, would not have taken charge of the ship immediately when it was due to leave. Cargo vessels were always moved out of port by a docksman who steered them into open seas before returning to the mainland, he explained. Only then did the captain take over. Filimonov was fined 2,000 and ordered to pay 43 costs. However, his four-and-a-half days in custody were taken as time served in lieu, so he has nothing to pay.

Magistrate Linda Adams told him: 'Had you taken charge of the ship while under the influence of alcohol, you could have endangered the lives of your crew and others. This would have been taken much more seriously.'

PC Jennifer Morton, of Newhaven Police, said: 'The Maritime Coastguard Agency had concerns he was drunk.

'It is just as much of an offence for a person to be drunk whilst on duty as it is if the ship is sailing, especially as in this case, if it is the ship's master.

'Working in conjunction with the coastguard we wanted to breathalyse the male for the safety of the crew and the ship.'