Teignmouth fisherman forced Royal Navy submarine to take evasive action

A Teignmouth fisherman forced the captain of a multi-million pound Royal Navy nuclear submarine to take evasive action to avoid the "potential catastrophic effects" of colliding with his fishing boat.

Aaron Denning, of Amethyst Drive, Teignmouth appeared at Plymouth Magistrates' Court on Tuesday, where he faced one charge as skipper of the FV Girl Rona fishing vessel, of failing to comply with a published general direction of the King’s Harbour Master in relation to a Moving Exclusion Zone

The charge alleged that while in the port of Plymouth and being the skipper of a commercial fishing vessel navigating within the Dockyard Port, failed to comply with a Published General Direction of the King’s Harbour Master in relation to a Moving Exclusion Zone (MEZ), "thereby impeding the safe passage of a designated vessel".

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In addition he faced a further charge of failing to navigate a vessel without care and caution and reasonable consideration for the occupants of other vessels.

The details were that while being the skipper of the Girl Rona he "failed to navigate the vessel with care, caution and reasonable consideration for the occupants of other vessels, thereby causing danger to another vessel".

Denning, aged 40, pleaded guilty to both charges, which come under the Port of Plymouth Order 2020.

Prosecutor Alistair Verheijen said that on May 10 this year HMS Triumph - the last of the Trafalgar-class nuclear-powered attack submarines - was being escorted out of HMNB Devonport and onwards to sea when Denning's fishing boat "posed a risk" to the sub by crossing in front of it, inside the exclusion zone.

Mr Verheijen said that because of this, police launches which were escorting the submarine went onto intercept the Girl Rona and direct it back onto a safer course.

However, the court heard that despite police displaying their blue lights and sounding their sirens as well as audible warnings from the escorting tugs, the Girl Rona took no heed.

The court heard the sub was in a deep water channel and was constrained by its draft and so had to reduce speed before turning to starboard earlier than intended. Mr Verheijen said the captain "had to do so to reduce the risk of collision".

He said Denning eventually turned his vessel to starboard but by this stage it was 137m from the submarine - "well within the 250m exclusion zone". Police at the scene later said in statements that Denning "initially showed no signs of stopping and no signs of altering his course".

The Captain of the submarine gave a statement to police saying the fishing vessel "entered the exclusion zone directly ahead of him" and he had to take action to avoid a collision.

During an interview with police, Denning - who had no legal representation - initially did not believe he had done anything wrong, but after being shown CCTV footage of his actions his "demeanour changed", stating that he did not realise he was so close to the nuclear submarine.

Asked about his knowledge of the Port of Plymouth Order he admitted he was not really aware of it and had a basic knowledge of the issues surrounding the exclusion zones around escorted warships and submarines.

Mr Verheijen said the Commander of the submarine offered a statement to police and while he was not able to offer an in-depth comment, he explained that "any collision or interaction with the vessel would have prevented the submarine from being able to undertake essential taskings in support of defence imperatives".

The court heard there were no sentencing guidelines but Mr Verheijen said that while there was no collision that was "in some part" down to "the skills of the naval officers" manoeuvring the submarine safely.

He said that had they not been able to avoid the fishing boat there would have been the "potential catastrophic effects of a collision".

The court heard Denning had a number of previous convictions with the most recent being for breaching a court order in 2021.

He added that there was a further statement from a captain in the Royal Navy which explained how the submarine "which is a national strategic asset" could have been prevented from "undertaking its operational tasking", adding that even a minor collision could have resulted in the submarine having to return to port to undergo "essential safety checks" before it could be safely returned to sea.

Mr Verheijen said this highlighted how Denning's actions could have had "potential consequences beyond what he may think". Denning said it was a "pure misjudgement" on his part and he "didn't mean any danger or risk" towards HMS Triumph.

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District Judge Lisa Boyce told Denning she accepted his early guilty plea and agreed it was not a deliberate act. As a result she handed him a £400 fine and ordered him to pay a £160 surcharge and court costs of £85. It was agreed he would pay the £645 total at a rate of £50 a month.

District Judge Boyce urged Denning to "just be very careful next time you're in that area". Denning thanked the judge and wished the court "Merry Christmas" before leaving.

Following the court hearing a spokesperson for the Royal Navy told PlymouthLive: "Our key message to people that are taking to the waters of the Dockyard Port of Plymouth - a military port - is that they must understand and familiarise themselves with the rules, directions and notices which are issued by the King’s Harbour Master Plymouth (KHM); who are the overarching Harbour Authority.

"It is essential that whatever you are doing on or in the water, whether you are in a fishing vessel, kayak, paddleboarding, boats or even swimming you need to be aware of everything that is moving around and if unsure ask.

"Plymouth is a busy Military Port with not only naval movements, but commercial shipping and a plethora of leisure users thrown into the mix. If anybody is in any doubt about the rules or traffic on the water, you can contact Port Control on 01752 836953; via the website at Plymouth@khm.mod.uk or VHF Ch.14 - communications is key. We want people to stay safe and enjoy our shared asset."

HMS Triumph only recently returned to port earlier this month for the last time as it is set to be decommissioned after nearly 34 years of service.

Triumph was laid down in Barrow shipyard in February 1987 and commissioned less than five years later in October 1991. The boat deployed to Australia in 1993, travelling 41,000 miles submerged without support in the longest solo deployment by a Royal Navy nuclear-powered submarine at the time.

She launched Tomahawk missiles at targets in Afghanistan in 2001 and was later deployed to Libya, again firing her weaponry at positions from the Mediterranean Sea as part of international efforts to protect civilians. On both occasions, Triumph flew the Jolly Roger flag from her fin as she returned to Plymouth – a Submarine Service tradition which celebrates the completion of a successful combat mission.

The submarine was the tenth Royal Navy vessel to bear the HMS Triumph name, a moniker with a rich heritage – the first was a 680-gun galleon built in 1561 and was the largest built in England during the reign of Queen Elizabeth I.