Charges against skipper deflect from rescue delays: lawyer

Charges have been laid against the captainofa fishing vessel that sank off the Newfoundland coast last year, killing four crew members, althoughhis lawyer claims it's an attempt to deflect attention from the length of time ittook for rescuers to arrive.

David Bussey said the charges against Shawn Ralph are far less important than the wait that the crew endured.

"We were very surprised that they chose to go this way with it, rather than getting at the real issue, as to who was responsible for causing [a] four-hour response time," Bussey said.

The eight charges under the Canada Shipping Act includefailing to ensure that certified crew members were watching the bridge, and that they were properly trained to use the life-saving equipment.

The Melina and Keith 2 sank Sept. 12, 2005. The families of the four crew members have since expressed concernthat it tookfour hours for rescue personnel to come to thecrew's aid.

However, Transport Canada says there were numerous safety violations before the ship even went down.

Ralph and three other crew members survived the sinking.

Bussey said he will fight the charges, and his client is distressed that his calls for a change in search-and-rescue policies are being overshadowed. "He wants the system to change so this doesn't happen again, and instead of that, he's getting the finger pointed at him," Bussey said.

The vessel was off Cape Bonavista, on Newfoundland's northeast coast.

Mary Connolly, whose brother, Anthony Molloy, was among those who drowned, said the key issue in the sinking remains the response time.

"It has nothing to do [with] why our men had to stay out on the water and wait so long for help to arrive," she said.

An emergency beacon was sent shortly before a crew shift change, which may have been linked to why more than two hours passed before a Cormorant helicopter was dispatched from Gander.

The Canadian Coast Guard has already changed some of its search-and-rescue policies.

The Transportation Safety Board of Canada is still investigating the incident.