RELATIVES of three men who died when a tugboat sank on the Clyde say their five-year wait for answers has caused them significant distress and anguish.

They spoke out after the Crown Office announced two companies are to face a High Court trial following the sinking of the Flying Phantom on the night of December 19, 2007.

Skipper Stephen Humphreys, 33, from Greenock in Inverclyde, Robert Cameron, 65, from Houston in Renfrewshire, and Eric Blackley, 57, from Gourock in Inverclyde, died in the incident. A fourth member of the crew was able to escape.

No fatal accident inquiry has been held into the tragedy, but a report by the Marine Accident Investigation Board criticised boat owner Svitzer Marine Ltd and river authority Clydeport Operations Ltd. The board said the boat capsized during thick fog and that a risk assessment process had been poor.

Clydeport and Svitzer will now face charges under the Health and Safety at Work Act.

Speaking on behalf of the widows of the three men, Andrew Henderson, a partner with Thomsons Solicitors in Glasgow, said: "The families are satisfied with the latest development in relation to the deaths of their loved ones, but wish to await future developments before commenting further.

"This has been a lengthy process which has caused significant distress and created additional anguish for the families."

A Crown Office spokesman said: "Crown Counsel have instructed that Clydeport Operations Ltd and Svitzer Marine Ltd be indicted for trial at the High Court. The firms are to face charges under the 1974 Health and Safety at Work Act in relation to events surrounding the incident.

"Relatives of those who lost their lives have been made aware of the development."

Labour MSP Patricia Ferguson has been calling for a change in the law governing fatal accident inquiries in the wake of this and other tragedies.

She said: "I'm pleased there is going to be a trial now. But this announcement means there will now not be a fatal accident inquiry until after the trial.

"We should have a system that allows fatal accident inquiries to take place in tandem with criminal trials. In some cases that would be complicated and we would have to look at the legislation, and that is something that we have to work on.

"We are expecting a consultation on that in the next month.

"Families in this case have not had an inquiry, or a trial, and have been left in the lurch."

The SNP's Stuart McMillan MSP, who is from Greenock, added: "This has been a tragedy for all concerned. Three people lost their lives and their families have been left devastated.

"This announcement will hopefully be the start of a healing process for those families who have waited so long for answers on how the tragic events of 2007 could have happened, but there is still some way to go.

"I know the Crown Office has spent some considerable amount of time investigating the Flying Phantom tragedy and that this announcement would not have been made if they did not feel confident in their investigations.

"I hope we will now find the answers we need so the families of those who lost their lives in this tragedy see the justice they have waited so long for."

A spokesman for the Danish company Svitzer said: "Svitzer notes the position of the Crown in relation to the tragic accident that occurred on December 19, 2007, when three Svitzer crew lost their lives on the tug Flying Phantom.

"Svitzer has fully co-operated with investigations conducted by the Marine Accident Investigation Branch and the Crown over the five-year period since the accident took place.

"Svitzer lost three of its much-valued seafarers that day and the effects are still felt across the company.

"Our thoughts then and now, however, remain with the family members of those lost and our deepest condolences stay with them today as they did following the accident."

A spokesman for Clydeport Operations Ltd made no comment.