The captain of the Formentera Direct ferry has been acquitted of homicide through gross professional negligence over a fatal collision with a recreational boat near the entrance to Ibiza port in August 2021. The court ruled that the captain had acted as the circumstances required and could not reasonably have anticipated the danger created by the smaller vessel.

The judgment, dated 17 September 2026, also sentenced the skipper of the recreational boat, named India, to two years in prison. One of the two men aboard the smaller vessel died in the collision.

Court Finds Ferry Captain Could Not Have Foreseen the Danger

The collision occurred at approximately 23:30 on 17 August 2021, as both vessels approached Ibiza port.

According to the judgment, the two boats were initially travelling on courses that did not present a risk of collision. The recreational boat was ahead of the ferry, travelling at approximately nine to ten knots, while the Formentera Direct was moving at around 20 to 22 knots.

The court found that the skipper of India subsequently made a sudden turn to starboard, crossing the ferry's path and creating an immediate collision risk.

The recreational boat was travelling without navigation lights and was positioned behind the wake of a third vessel, which obscured its presence on radar. The judge concluded that the ferry captain could not reasonably have recognised the serious danger before it was too late to avoid the impact.

The captain had remained on the bridge and maintained visual and direct observation of the surrounding area during the approach to port. The court considered that his actions met the requirements of the situation.

Recreational Boat Skipper Sentenced to Two Years in Prison

The skipper of India was sentenced to two years in prison. According to the ruling, he was navigating under the influence of alcohol, without lights and without maintaining the necessary lookout before changing course.

The case had initially involved three defendants: the ferry captain, the ferry's first officer and the skipper of the recreational boat. In November 2023, an investigating court in Ibiza found sufficient indications to bring charges in connection with the death.

The September 2026 judgment subsequently acquitted the ferry captain of the charge against him and convicted the skipper of the smaller vessel.

One Man Died and Another Was Rescued

The Formentera Direct, which was operating its regular service between Ibiza and Formentera, struck the recreational boat in the channel leading into Ibiza port.

Two men of Spanish nationality were aboard India. One, aged 46, died at the scene. The other was rescued from the water with injuries by the ferry's auxiliary boat.

All 142 people aboard the ferry, including its 132 passengers and 10 crew members, were reported unharmed.

Emergency services, maritime rescue personnel and port staff took part in the response following the collision.

A Fatal Collision in Ibiza's Port Approach

The case highlighted the risks posed by vessel movements in the confined channel leading into Ibiza port. In the aftermath of the accident, maritime authorities stressed the importance of complying with international collision-prevention regulations, particularly in narrow port entrances.

The court's ruling distinguishes the conduct attributed to the recreational boat's skipper from that of the ferry captain, who was acquitted after the judge concluded that the danger could not reasonably have been anticipated in time to prevent the collision.