ST. JOHN'S, N.L. - The captain of a fishing vessel that sank three years ago in icy waters off Newfoundland's east coast, claiming the lives of four men including his brother, failed to properly train his crew, a judge ruled Friday.

Shawn Ralph, skipper of the Melina and Keith II, fidgeted as provincial court Judge Gregory Brown found him guilty of safety infractions under the Canada Shipping Act.

Ralph was convicted of five charges, including failing to take adequate steps to ensure the crew knew how to use life-saving equipment and failing to maintain a proper watch.

He was acquitted of three other violations and did not face criminal charges in the sinking.

Brown offered several examples where the 43-year-old Eastport, N.L., man did not exercise caution while he and his crew of seven fished for shrimp and turbot in September 2005.

At one point, Ralph was in the vessel's downstairs galley making sandwiches when he was supposed to be maintaining a proper lookout above, Brown said.

"There was no due diligence," the judge said.

Ralph declined comment after the verdict.

His lawyer said the tragedy still weighs heavily on his mind.

"Of course we're disappointed with the verdict," David Bussey said in an interview. "To him, it's like the whole ordeal hasn't ended."

The 19-metre longliner capsized Sept. 12, 2005 amid calm seas about 135 kilometres from Cape Bonavista.

Eight men were aboard the vessel when it flipped. Four men died, including Ralph's 21-year-old brother Justin.

The survivors clung to a small aluminum boat and other debris that broke free from the vessel as she went down. They were in the frigid waters for at least two hours before being rescued by another vessel.

During the trial, Ralph testified that after the boat sank, he became separated from the rest of his crew and nauseated by the diesel fuel floating around him.

Igor Dragushevsky, a Russian crew member who survived the sinking, testified he spotted Ralph with his survival suit on as he struggled to stay afloat in the frigid waters wearing only a T-shirt and shorts.

Dragushevsky also said he received no safety or emergency training during the week he worked on the vessel as a deckhand, and was only told to wake someone up if a problem arose.

Court also heard a riveting account of how Dragushevsky, in a desperate bid to fend off hypothermia while in the water, repeatedly jabbed a nail into his leg to stay alert.

Ralph denied allegations he failed to properly train his crew, testifying he showed them how to find and use survival suits.

Brown noted Ralph's frustration when Dragushevsky was out smoking a cigarette during a training session.

"But it does not relieve you of the obligation," Brown said, adding that Ralph should've taken more precautions before venturing out to fish.

"(Ralph) took it in his own hands to go to sea."

Ralph will be sentenced Aug. 19. By law, he faces fines between $100 and $10,000 for each offence.

Bussey said he plans to appeal.

Last year, a Canadian Coast Guard review of the response of rescue crews acknowledged the need for more search and rescue staff across Canada, as well as more formalized training on the monitoring of vessels.

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