A JURY in the trial of a boat skipper accused over a near-miss that led to three fishermen’s deaths has failed to reach a verdict.

David Marr was the skipper of the dredging vessel that nearly hit a small fishing boat off Shoreham.

Three fishermen drowned and one survived, Lewes Crown Court heard.

But the jury has been discharged after failing to reach a verdict.

During the trial Mr Marr, 53, of Peterhead, Aberdeenshire, denied failing to maintain a proper lookout.

Prosecutors at the trial told the court Mr Marr was “distracted” when the vessels nearly collided, on August 6, 2017.

Mircea “Mitch” Ilie, 40, Irinel Popovici, 41, and Treaiam Dumitrache, 50, drowned when seawater gushed into their boat.

Survivor Elvis Cojocariu, who suffered hypothermia, was later found by a fisherman. She had been clinging to a buoy for five hours.

A decision will be made next week over whether Mr Marr, of Towerhill, will face a retrial.

The jury failed to reach a verdict after eight hours and 50 mins.

They were asked to decide if the trawler captain had set a proper watch.

Her Honour Judge Christine Laing QC said: “It’s a shame the trial cannot be resolved for the families and all those involved.”

The jury heard four friends set off on a fishing trip on board the James 2.

Marr and three crew on the Vertrouwen, operated by MacDuff Shellfish, followed them out of Shoreham harbour.

The court was shown the moments before and after the radar tracks crossed less than two miles off shore.

The boats narrowly missed each other in the darkness, but a large wave swamped the smaller boat causing it to sink quickly.

Waves from the trawler swamped the fibreglass hulled 5m long James 2.

Water flooded in from the first wave and a second wave completely swamped the tiny river cruiser as they waved frantically at the passing trawler.

The four men on board were forced to jump overboard as their boat sank in less than two minutes.

Survivor, electrician Elvis Cojocariu, then aged 45, from Tottenham swam for shore and was found clinging to a buoy by another fishing vessel at around 5.50am.