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Cruise passenger death an accident, rules inquest

The death of a cruise ship passenger who was killed when a large wave smashed through a restaurant window was an accident, an inquest has found.

James Swinstead, 85, from Colchester, died last February on the Crusie and Maritime Voyages ship Marco Polo in the English Channel.

The inquest in Chelmsford heard that a 15m high wave smashed into the side of the ship, smashing four windows and instantly killing Swinstead.

The Bahamas-registered ship was heading for its home port of Tilbury at the end of a 42-night voyage when it was hit by an “extremely large” wave, at about 1.05pm on February 14.

Swinstead was in a restaurant with his wife when the wave hit, forcing two windows out of their fittings and shattering two others.

Sixteen passengers and crew were injured, mostly by flying glass.

The vessel was carrying 735 passengers and 349 crew.

Forensic pathologist Dr David Rouse told the inquest that Swinstead suffered a fractured skull and extensive brain damage.

Essex coroner Caroline Beasley-Murray recorded a verdict of accidental death.

The inquest was told that rapidly-changing weather conditions could not have been foreseen, the BBC reported.

Beasley-Murray said: “In light of all the evidence that has been heard before this court I shall record a conclusion on the record of inquest – that is answering how he died – that James Malcolm Swinstead died as a result of an accident, a tragic accident.

“He clearly was a much-loved gentleman.”

The Bahamas Maritime Authority has since brought in bespoke weather reports for its cruise ships.

A report by the authority, published in November, said passengers noticed “a number of windows” had “leaks or rust stains”.

The report said an inspection of the ship found cracks in window frames.

However, it acknowledged the sea state was “phenomenal”.

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