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Nine-year legal battle ends with guilty plea
Joshua Amissah, a 40-year-old Ghanaian fisherman, broke down in a Scottish courtroom this week as a nine-year fight for justice neared its end. The case involved allegations of modern slavery aboard a trawler owned by TN Trawlers, based in Annan, Scotland.
Amissah testified that the skipper of the vessel, Tom Nicholson Jr., had declared, "any black person he worked with, he must treat that person as a slave." The remark echoed instructions Nicholson Jr. claimed to have received from his father, Thomas Nicholson, the company's owner.
Harsh conditions and secret rotas
Amissah described relentless work aboard the Sea Lady, with no rest, training, or proper induction. Crew members from Ghana resorted to eating raw fish and octopus caught in the dredges due to food shortages. To cope with exhaustion, they devised a secret rota to take turns sleeping.
"As soon as we got there, he said we should just get to work," Amissah told the jury at Hamilton Sheriff Court. "There was no rest during the trip."
Sudden guilty plea halts testimony
After three days of evidence, Tom Nicholson Jr. unexpectedly changed his plea to guilty. He admitted failing to provide adequate food, rest, or training to his Ghanaian crew while skippering the Sea Lady in the English Channel in 2017. The sudden plea meant Amissah's fellow crew members-Kow Mensah, Gershon Norvivor, and Kojo Attah-were unable to testify.
Outside the court, Amissah reflected on the ordeal: "What we experienced nine years ago, that was tough. People don't understand because they weren't with us at the fishing grounds. You don't have any choice to speak out or challenge. It pains us. It has cost us a lot."
Injury sparks police intervention
The crew's escape from the Sea Lady began when Augustus Mensah, 55, suffered a head injury during rough weather in December 2017. With only a single bandage available, the vessel docked in Portsmouth for medical treatment, prompting police involvement. Augustus Mensah later told the BBC he had waited "nine good years" to testify, calling the court's decision a long-overdue victory.
His story was featured in the BBC's 2024 documentary Slavery At Sea and the File on 4 episode Invisible Souls.
Legal precedent and ongoing investigations
Thomas Nicholson, 63, became the first person in Scotland to breach a Trafficking and Exploitation Risk Order (TERO) after moving a vessel from the Netherlands to Scotland without providing crew details to authorities. He was fined £2,700 this week, though his defence called the breach a "genuine mistake."
The case originated as a human trafficking investigation, Operation Feature, after police in Portsmouth identified the Ghanaian and Indian crew as modern slavery victims. However, prosecutors dropped the trafficking charges in 2022, citing insufficient evidence. The case was later revived under maritime health and safety laws.
This was not the first time the Nicholson family faced legal consequences. In 2022, Thomas Nicholson admitted failing to provide adequate care for a Filipino crewman, Joel Quince, and was fined £13,500.
Criticism of public funding and industry practices
Phil Taylor, director of the charity Open Seas, condemned the fines as "paltry" and highlighted that TN Trawlers received over £250,000 in public funding while under investigation. "It shouldn't be possible for ministers to hand out tens of thousands of pounds to a business under investigation for human trafficking," he said.
Detective Chief Inspector Paul McNamara of Police Scotland emphasized the importance of TEROs in disrupting exploitation. "Partnership working is essential as we share knowledge and skills to target those who make money by exploiting others," he said.
Chris Williams of the International Transport Workers Federation called for systemic reforms, including employment rights and wage protections for migrant workers. "We should be paying people fairly and treating them fairly if we're so desperate to have them keep this food-producing sector working," he said.
Broader implications
The BBC's investigation identified 35 men who worked for TN Trawlers and were later recognized as modern slavery victims by the UK Home Office. In October 2024, a separate group of Ghanaian fishermen rescued from the Olivia Jean-another TN Trawlers vessel-were awarded £20,000 each in compensation.
TN Trawlers has denied all allegations of modern slavery, insisting its workers were well-treated and well-paid.
