Prevention of Future Deaths reports · 2019

Wayne Rodgers

Regulation 28 report to prevent future deaths, reference 2019-0105, written 28 Mar 2019. A coroner writes one of these when an inquest reveals a risk that could cause further deaths unless something changes.

Date of report28 Mar 2019
Reference2019-0105
DeceasedWayne Rodgers
CoronerCaroline Sumeray
Coroner areaIsle of Wight
CategoryOther related deaths · Emergency services related deaths (2019 onwards)
Sourcejudiciary.uk record · original PDF
Responses published1

The report

Text extracted from the PDF text layer. Reproduced verbatim, including the scan's own layout.

REGULATION 28:  REPORT TO PREVENT FUTURE DEATHS 

THIS REPORT IS BEING SENT TO:  

1. 

2. 

3. 

, Regatta Director, Cowes Week Ltd, 18 Bath Road, Cowes, 

Isle of Wight, PO31 7QN  

, Team Manager, Licensing & Business Support, 

Regulatory Services, Jubilee Stores, The Quay, Newport, Isle of Wight 

PO30 2EH  

, Head of Emergency Preparedness, Resilience and 

Response, Isle of Wight NHS Trust, St Mary’s Hospital, Parkhurst Road, 

Newport, Isle of Wight PO30 5TG  

1 

CORONER 

I am Caroline Sarah Sumeray, Senior Coroner for the Coroner Area of the Isle of Wight. 

2 

CORONER’S LEGAL POWERS 

I make this report under paragraph 7, Schedule 5, of the Coroners and Justice Act 2009 

and regulations 28 and 29 of the Coroners (Investigations) Regulations 2013. 

3 

INVESTIGATION and INQUEST 

On 14th August 2018 I commenced an investigation into the death of Wayne Andrew 

ROGERS,  aged  62.  The  investigation  concluded  at  the  end  of  the  inquest  on  6th 

March 2019. The conclusion of the inquest was “Accidental Death”. 

The medical cause of death was found to be: 

 1a Drowning 

 1b  

 1c  

  II 

4 

CIRCUMSTANCES OF THE DEATH 

1)  Wayne Andrew ROGERS was born on 23rd March 1956. At the time of his death 

he was 62 years old and was a retired Accountant. 

1 

 
 
 
 
 
 
 
  
 
 
 
 
  
 
 
 
 2)  On  Friday  10th  August  2018, Wayne  Andrew  ROGERS  was  participating  in  an 

R.S. Elite  Class  Race at Cowes Week in the Solent. Mr ROGERS was a  very 

experienced sailor having sailed for approximately 50 years. 

3)  Mr ROGERS was a member of a crew  of three  in a boat called  “Legs Eleven” 

with two other very experienced sailors. He was trimming the spinnaker sitting in 

the  middle  of  the  boat.  The  owner  of  the  vessel  was  the  skipper  and  the  third 

member of the crew was navigating at the front of the boat. 

4)  The  race  commenced  at  approximately  11.05  hours.  The  weather  conditions 

were forecast for the race to be 12-18 knots from the south-west. At the time of 

the incident, the recorded windspeed had increased to 26 gusting 29.6 knots.  

5)  The  race  commenced  from  the  Royal  Yacht  Squadron  start  line  in  an  easterly 

direction. Initially the spinnaker was set. As the race progressed on the course, 

the wind increased and became very gusty. There was one really big gust which 

caused the crew  of the  “Legs Eleven” to  lose control  when the  boat broached. 

This  caused  Mr  ROGERS  to  be  thrown  across  the  boat  into  the  water.  It  is 

believed that this happened at 11.25 a.m. 

6)  When Mr ROGERS had been inside the boat, he was manually holding onto the 

spinnaker  sheet which  is a thick piece of rope  used to  trim the  spinnaker.  It  is 

believed  that  Mr  ROGERS  was  still  holding  onto  this  rope  as  he  fell  into  the 

water.  

7)  At  the  point  at  which  the  boat  broached,  the  skipper  also  partially  fell  into  the 

water, but  he managed  to climb back  into the  boat. Once back  in the boat,  he 

tried to take control and stop the boat by turning into the wind, however he was 

unable to do so as Mr ROGERS appeared to be still holding onto the spinnaker 

sheet whilst in the water, thereby preventing the boat from manoeuvring.  

8)  The spinnaker sheet appeared to be fouling the tiller. The crew shouted for Mr 

ROGERS  to  let  go  of  the  rope,  until  they  realised  that  it  was,  in  fact,  caught 

around  his  ankle,  and  he  was  being  dragged  behind  the  boat  trapped  by  his 

ankle.  Subsequent  calculations  estimate  that  Mr  ROGERS  was  being  dragged 

in  this  manner  for  approximately  a  minute  before  a  member  of  the  crew  from 

another  boat  who  had  been  racing  and  had  spotted  this  incident  managed  to 

jump into the water beside Mr ROGERS and cut him free. 

9) 

Immediate  attempts  to  conduct  CPR  on  Mr  ROGERS  were  carried  out.  A 

Mayday  call  was  made  on  the  VHF  emergency  channel  16  requesting 

assistance for an  unconscious casualty.  A rescue rib arrived, the crew were in 

2 

 
 
 
 
 
 
 
 
 contact  with  the  coastguard.  Minutes  later,  the  RNLI  arrived  and  took  Mr 

ROGERS  back  to  Trinity  Landing  at  Cowes.  Mr  ROGERS  was  subsequently 

transferred by emergency ambulance to St Mary’s Hospital, Newport, where he 

was pronounced dead at 13.10 hours. 

5 

CORONER’S CONCERNS 

During the course of the inquest the evidence revealed matters giving rise to concern. In 

my  opinion  there  is  a  risk  that  future  deaths  will  occur  unless  action  is  taken.  In  the 

circumstances it is my statutory duty to report to you. 

The MATTERS OF CONCERN are as follows:  –  

1) 

I was informed that during the course of Cowes Week Sailing Festival that there 

are approximately 7,000 competitors who travel to Cowes on the Isle of Wight to 

participate  in  the  various  events.  In  this  instance,  it  was  fortunate  that  an 

ambulance  was  available  to  convey  the  casualty  to  the  hospital  as  an 

emergency.  However,  there  are  a  finite  number  of  ambulances  on  the  Isle  of 

Wight,  and  they  are  often  overstretched  to  carry  out  routine  work,  without  the 

possibility of an incident happening during this Sailing Festival. 

2)  During  the  course  of  the  evidence  it  was  discussed  with  the  Deputy  Queen’s 

Harbour Master as to whether it would be a good idea for the organisers of the 

Cowes  Week  Sailing  Festival  to  consider  employing  the  services  of  a  private 

ambulance service, such as the St John’s Ambulance Service, and paramedics, 

to be on  site at Cowes and available  at the  harbour immediately were there to 

be an incident involving any of the competitors from the Festival thereby making 

the event a safer one.  

3)  Having considered the report into the incident from the Deputy Queen’s Harbour 

Master,  I  would  endorse  that  consideration  be  given  to  the  pre-  positioning  of 

Automated External Defibrillators (AEDs) afloat and ashore.  

4)  A  review  needs  to  be  carried  out  of  the  Crisis  Management  Plan,  with  an 

emphasis  on  monitoring  and  recording  of  safety  channels  and  manpower 

coordination for incident response.  

5)  A  review  needs  to  be  carried  out  of  the  published  list  of  mandatory  safety 

equipment, including mention of readily accessible safety knives.  

6)  A  review  needs  to  be  carried  out  of  the  criteria  for  abandoning  racing  in  the 

event of a major incident.  

3 

 
 
 
 
 
 
 
 
 
 
 
 7)  Consideration should be given as to the benefits and risks of using continuous 

sheets on the jib and spinnaker. This could be extended to several other classes 

of dayboat and dinghy which often adopt the same configuration. 

6 

ACTION SHOULD BE TAKEN 

In my opinion action should be taken to prevent future deaths and I believe you and/or 

your organisation have the power to take such action.  

7 

YOUR RESPONSE 

You are under a duty to respond to this report within 56 days of the date of this report, 

namely by 9th May 2019. I, the Coroner, may extend the period. 

Your response must contain details of action taken or proposed to be taken, setting out 

the timetable for action. Otherwise you must explain why no action is proposed. 

8 

COPIES and PUBLICATION 

I  have  sent  a  copy  of  my  report  to  the  Chief  Coroner  and  to  the  following  Interested 

Persons: 

 (Deputy Queen’s Harbour Master). 

I am also under a duty to send the Chief Coroner a copy of your response.  

The  Chief  Coroner  may  publish  either  or  both  in  a  complete  or  redacted  or  summary 

form. He may send a copy of this report to any person who he believes may find it useful 

or  of  interest.  You  may  make  representations  to  me,  the  Coroner,  at  the  time  of  your 

response, about the release or the publication of your response by the Chief Coroner. 

9 

H.M. Senior Coroner – Isle of Wight 

28th March 201 

4

Responses

1 response published against this report on judiciary.uk. A response is a body's written reply to the coroner's concerns; publication is at the discretion of the Chief Coroner's office, so an absent response does not mean nobody replied.

Response from Cowes Week Limited (PDF)
Ms Caroline Sarah Sumeray 
Senior Coroner 
Isle of Wight 
Seaclose Offices,  
Fairlee Road,  
Newport,  
Isle of Wight,  
PO30 2QS. 

April 10th 2019 

Dear Ms Sumeray, 

I am in receipt of your report after your inquest with regards to the fatality on board Legs 11 
during Cowes week 2018, (Mr Wayne Andrew ROGERS) and I respond on behalf of Cowes 
Week Limited, the organisers of the event. 

I confirm our acknowledgement of the recommendations outlined in the report and I can 
confirm that we are implementing the actions outlined as follows ;   

1)  With regards to the additional ambulance support proposal, this is something that we 

are discussing internally and on which I will revert to you on.  

2)  As above. 

3)  With regards to Automated External Defibrillators, this is under review. It is not 

practical to have AED’s on small rescue craft which are subject to being wet much of 
the time and we only have a limited number of bigger control vessels with dry cabins 
during the week. We will review the options of putting AED’s on some of those boats 
but our initial thoughts are that a delay in returning a casualty to shore are highly 
unlikely to make stopping off at a larger committee boat on the water practical . 
There are already several AED’s within 90 seconds of the Trinity Landing pontoon (the 
emergency drop off point for on water causalities) and we will look at making one 
available directly on the pontoon as well. 

4)  I can confirm that we have fully taken on board all of the recommendations in the 

investigative report with regards to monitoring and recording safety channels as well 
as the manpower requirements.  

Cowes Week Ltd 
Regatta House, 18 Bath Road, Cowes, Isle of Wight   PO31 7QN, UK 
Telephone - Office: +44(0)1983 248 002  Fax: +44(0)1983 295329 
Email: Laurence.mead@lendycowesweek.co.uk 
Website: www.lendycowesweek.co.uk 
VAT Registration number: 918 1037 39 

 
 
 
 
 
 
 
 
 
 
  
 
  
 
 
 
 
 From this year’s regatta those people monitoring the radio for safety 
communications (all highly trained) will be independent of those radio operators 
dealing with race matters from competitors.  

5)  Some of the recommendations are outside our control in terms of delivery (as an 
example the fact that all boats should carry suitable knives) but despite that being 
the case we will be making the recommendations known to our competitors, both 
through our sailing instructions (where appropriate) and our safety booklet where 
appropriate. There are no accepted standards for how many knives should be carried, 
in what locations, on what size of boat, so we think it would be difficult for Cowes 
week to lead the way in trying to define that. Nonetheless the necessity to have a 
sharp knife on board, whilst being known to most sailors, is something that we will 
reinforce. 

6)  We are reviewing again the criteria for abandoning racing in the case of strong winds 

and / or an incident. We feel this worked well in 2018 but further work is being 
undertaken in this regard to ensure that any lessons learned are taken on board. In 
particular we are looking at alternative drop off points for casualties on the mainland, 
if that is nearer to an incident location or is an easier location to reach in certain wind 
conditions. This was not the case in this instance. 

7)  We are making known the issue that continuous spinnaker sheets may have played a 
part in this incident and this will be addressed in our safety booklet going forward.  

I hope this clarifies our responses to last year’s tragic accident to your satisfaction 

Yours sincerely, 

Regatta Director 

Cowes Week Ltd 
Regatta House, 18 Bath Road, Cowes, Isle of Wight   PO31 7QN, UK 
Telephone - Office: +44(0)1983 248 002  Fax: +44(0)1983 295329 
Email: Laurence.mead@lendycowesweek.co.uk 
Website: www.lendycowesweek.co.uk 
VAT Registration number: 918 1037 39

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