Overboard

TIMELINE

Laura Gainey
Laura Gainey aboard the Picton Castle.

April 2006

Laura Gainey joins the tall ship Picton Castle for a three-month trip, the last leg of a world sailing voyage. This trip took Laura from Cape Town, South Africa to Lunenberg, Nova Scotia.

December 5, 2006

After a week's delay, The Picton Castle departs for Grenada for its Caribbean winter voyage.

December 7, 2006

A low-pressure system was moving into the North Atlantic. Weather reports received indicate that winds are expected to hit 35-45 knots. By 11:30PM the ship is 'hove to', a procedure that stops the progress of the ship in the wind. It is commonly used as a way to brake while waiting for a storm to pass.

December 8, 2006

The decision is taken to continue sailing south, in order to get out of the storm system. Strong gale conditions are reported. Laura Gainey spends much of her time doing work aboard the ship and helping in the cooking duties. Laura is described as being very tired, getting little sleep over the previous two days. At 8 p.m., she is scheduled to stand her next watch that will include time at the helm, steering the ship. Crewmates report she was nervous about doing this given the severity of the storm.

Laura Gainey
Laura Gainey inside the Picton Castle's kitchen.

Another deckhand takes her shift at the wheel and Laura is ordered below to get some rest. As witnesses will later attest, she is also told to continue checking the ship regularly.

Waves are continuously washing over the deck, and coming over the low side of the ship. At approximately 10:20 p.m., deckhand Ryan Vogt passes Laura on deck dressed in a rain jacket, but no foul weather pants or boots. He asks her what she is doing, she responds, 'shipcheck.'

At 10:45 p.m., the deckhand at the wheel reports hearing a woman's voice in the water and a Man Overboard alarm is declared. There was screaming in the water, "the wind muffled it at first, but the second and third screams were clear." Life saving equipment is thrown into the water, and the crew begins the search for Laura Gainey. Several hours later, American and Canadian Coast Guards begin their rescue efforts sending rescue aircraft to search in the area.

December 9, 2006

The Picton Castle conducts search and rescue operations. Several crew members claim that they hear a voice coming from the water. At 3:58 a.m., a Canadian Coast Guard plane arrives on the scene. US Coast Guard also assists in the search and rescue.

Captain Moreland
Captain Moreland maintains that the death of Laura Gainey was an unfortunate accident.

A few days later, Captain Dan Moreland tells the press in Lunenberg that the ship "took exceptionally large wave. Ship was able to withstand it without difficulty but Laura who'd been standing in a protected area of the ship was swept over the side."

December 10-11, 2006

US and Canadian Coast Guard continue their search along with the Picton Castle. They are assisted by three merchant vessels, the Mindanao, Hero and Strong Patriot. On December 11, The Coast Guards call off their efforts at approximately 6:20 p.m.

December 12, 2006

The search operation is called off by the Picton Castle at noon.

December 13, 2006

The Cook Islands orders an investigation into the man overboard incident. They choose retired US naval Captain, Andy Scheer to conduct this review.

December 24, 2006

Captain Scheer
Captain Andy Scheer (ret.) investigated the tragedy on the Picton Castle.

Picton Castle arrives in St. Kitts Captain Andy Scheer (ret.), boards the ship. He is joined by Bob Gainey, his surviving children, as well as Captain Dan Moreland. See Captain Sheer's biography and credentials.

December 25, 2006

Captain Scheer begins his investigation, collecting testimonies from crew members and trainees. The Picton Castle crew is put through a man overboard drill.

January/February 2007

Scheer continues his investigation and conveys his preliminary results to the Cook Islands. His report would eventually find that there had been no "adequate or timely man-overboard drills conducted prior to or during the voyage". The vessel had inadequate policies on when to wear harnesses. The ship also miscalculated the weather, leaving "in marginal weather conditions at a time of the year when dangerous heavy weather is prevalent in the North Atlantic region."

Picton Castle
Captain Scheer recommended that the ship be 'Stood Down' until safety procedures have been implemented.

He concludes that the ship should do an "immediate safety Stand Down," and that "comprehensive safety procedures instructions for all contingency and emergency operations be created in writing and immediately implemented." Scheer also recommended that after the safety procedures had been dealt with, the ship should "have a re-inspection by the investigator, scheduled by the flag as a follow up to ensure all discrepancies have been resolved".

February 1, 2007

As a result of Scheer's report, the Cook Islands Registrar sent a notice to the Picton Castle directing it to make safety improvements by March 15, 2007. Failure to do so could result in the "detention of the vessel." Subsequently, Captain Moreland sends documents to the Cook Islands in defense of the ship and the way in which she is operated.

March 2007

Captain Scheer defends his review in an addendum filed to his report. He acknowledges safety information that he reviewed from the Picton Castle but stands by his original conclusions.

March 14, 2007

Cook Islands call a Board of Inquiry to review the results of the initial investigation conducted by Captain. Scheer.

July 13, 2007

The Cook Islands Board of Marine Inquiry Report Into the Circumstances Surrounding the Loss of Laura Gainey is completed. This final report, minimized many of the safety issues raised in the first report. The Picton Castle is described as "an extremely well run and well maintained ship with a strong ethic of safety from the top of the organisation down."

Laura Gainey
The final report found the Laura Gainey violated the safety procedures onboard the Picton Castle.

It found Laura to be in violation of several of "the safety instructions in place at the time". It doubted witness reports that she had also been ordered to do ship checks and speculated "that she was simply going to the toilet," concluding that "Laura Gainey was an unlucky victim of the risk that she took by electing to go to sea."

August 12, 2007

A second and final Cook Islands Board of Marine Inquiry report is released, that is very similar to the July report. It does however concede that the Captain "should have taken practicable steps to ensure that all crew on deck wear Safety Harnesses" and that an order to wear "life preserving gear" on deck should have been given by the Captain.

September 28, 2007

The Canadian Transportation Safety Board, (TSB) sends a letter to the Cook Islands raising certain safety concerns that were found on the Picton Castle. These include fatigue, lack of emergency drills, lack of safety harnesses used. See the letter (.pdf file)

November 18, 2007

The TSB decides to conduct its own investigation of the Picton Castle. According to a TSB spokesman quoted by the Canadian Press: ''We've noted some safety issues, we have made those safety issues (available) to the Ministry of Transport of the Cook Islands, and now we have undertaken an independent investigation of the event.''

Captain Andrew Scheer USNR(R) is a graduate of the University of Notre Dame, a retired US Naval Officer with over thirty (30) years experience on the high seas, while serving in the US Navy, Naval Reserves and as a civilian MASTER.

Captain Scheer had four Command Tours, including two Mobile Diving & Salvage Units, a Naval Ordnance HQs unit and a Safety Inspection Unit.

Captain Scheer is a fully qualified Deck Officer on Destroyers and an Aircraft Carrier, a Surface Warfare Officer, Special Operations Officer, Tactical Action Officer, Deep Sea Diving & Salvage Officer and a Chief Explosives Safety Inspector.

Captain Scheer’s awards include the Meritorious Service Medal (2 awards), Navy Commendation Medal, Combat Action Ribbon, Meritorious Unit Commendation, Navy “E” Ribbon, Navy Expeditionary Medal, National Defense Service Medal (two awards), Armed Forces Expeditionary Medal, Vietnam Service Medal, Sea Service Deployment Ribbon, Armed Forces Reserve Medal, Republic of Vietnam Campaign Medal and numerous Letters of Commendation.

Captain Scheer's extensive time at sea includes tours on board destroyers, including the USS Cone (DD866) and USS Harold E Holt (FF-1074), an aircraft carrier the USS Franklin D Roosevelt (CV-42), numerous Diving & Salvage Service Vessels and numerous Private Yachts.

Captain Scheer has extensive experience on Steam Driven, Turbine Driven, Diesel, Gas, High Performance and Wind driven vessels. He was also a MASTER on a weekend charter schooner.

Captain Scheer’s tours on the high seas took him to Vietnam, South China Sea, Straights of Taiwan, Indian Ocean, South Pacific, Mediterranean, North Atlantic, Caribbean and South America.

While in Command of one of the US Navy’s Safety Inspection Teams, in Washington DC, his staff was responsible for the safety, security and enforcement of proper safety procedures. Captain Scheer was also a US Navy Chief Explosives Safety Inspector. His duties included the performance and overseeing of hundreds of safety inspections and audits worldwide, which included proper personnel training, documentation, qualifications, certifications and mishap investigations.

Captain Scheer also held a USCG MASTER's License with passenger, sail and towing endorsements.

As a civilian MASTER, Captain Scheer Captained and navigated Yachts throughout Europe, the Caribbean and the USA.

Since retiring from the US Navy in 2002, Captain Scheer has been directly in charge of safety and security programs, policies, procedures, audits, training, assessments and plans for commercial vessels around the world.

Captain Scheer teaches International Safety Management Courses and International Ship and Port Facility Security Courses.