THE FAMILY of a fisherman lost at sea almost three years ago are taking legal steps to have him officially declared dead.
Scott MacAlister's family believe his body, which has never been found, remains in the creel boat which sank off Easdale island, Argyll and Bute, in April, 2013.
The father-of-three, aged 40, of Luing, Argyll, was the sole occupant of the 27ft Speedwell prawn creel vessel which still lies on the sea bed.
Now an action has been raised in court under section 9 (1) of the Presumption of Death (Scotland) Act 1977.
A public notices states: “An action has been raised in Oban Sheriff Court, Albany Street, Oban, by Mrs Eliza Martin MacAlister, Pursuer, to declare that Scott Albert MacAlister, Defender, who’s last known address was Rushlea, Toberonochy, Isle of Luing, Argyll, is dead.
“Any person wishing to defend the action must apply to do so by June 10 2016 by lodging a minute seeking to be sisted a party to the action with the sheriff clerk.”
The Crown Office has previously confirmed it intends to hold a fatal accident inquiry in relation to this death.
The family have since called for the Speedwell to be brought to the surface to allow a full investigation to take place.
MAIB investigators found the boat "probably sank" after water came through an unsealed and unsecured hatch.
In an investigation report published in January 2014, they said other factors included a faulty bilge pump and alarm, out-of-date lifesaving equipment which had not been serviced and was not used, the single-handed operation of the boat which "seriously compromised" Mr MacAlister's ability to deal with the situation and him contacting the coastguard only shortly before the vessel sank.
Investigators recommended the owner take steps to ensure any boat owned in the future is operated safely.
An MAIB spokesman said: "We assessed whether or not to raise the vessel at the time of our investigation, but as other evidence was available to help our investigation it was not necessary."
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