Witness Breaks Down in Court Over Modern Slavery Claims
Joshua Amissah rose from his seat in the witness box and moved away from the interpreter beside him. After nine years of legal struggle, the case concerning modern slavery aboard a Scottish fishing trawler was nearing its conclusion.
The 40-year-old Ghanaian took a few steps to the corner of the quiet courtroom, crouched down, and covered his face as he gathered himself.
"He told us we were slaves," Amissah stated.
"He said that his father had told him that any black person he worked with, he must treat that person as a slave."
Amissah had been employed on the Sea Lady, a scallop vessel operated by TN Trawlers, a company based in Annan.
He recounted to the jury at Hamilton Sheriff Court how he confronted the skipper about the poor treatment he and his fellow crew endured.
The company owner was Thomas Nicholson, while the skipper on trial was his son, Tom Nicholson Jr.
On Monday, Thomas Nicholson admitted to breaching a human trafficking court order, marking a legal first in Scotland.
Just days prior, Tom Nicholson Jr. pleaded guilty to failing to provide adequate food and rest to five Ghanaian fishermen during his tenure as skipper at TN Trawlers.
This followed a three-year BBC investigation into allegations of migrant fishermen mistreatment by the company over a decade.
Life aboard the Sea Lady was relentless. Amissah and his Ghanaian crewmates had established a secret schedule to secure some sleep.
Due to insufficient food supplies, another crew member testified that they resorted to consuming fish, octopus, and scallops caught by the dredges to survive.
The court heard there was no induction or training provided.
"As soon as we got there, he said we should just get to work," Amissah said.
"[Tom Jr] said there was no time and that we needed to go hunt for scallops."
"There was no rest during the trip."
After three days of testimony, the proceedings abruptly concluded when Tom Nicholson Jr. amended his plea to guilty.
He admitted to failing to provide adequate food, rest, or training to his Ghanaian crew while skippering the vessel in the English Channel during 2017.
'It Pains Us, It Cost Us a Lot'
Amissah, who continues to work as a fisherman, spoke to BBC Scotland News outside Hamilton Sheriff Court alongside fellow crew member Kow Mensah.
"What we experienced nine years ago, that was tough," he said.
"People don't understand because they weren't with us at the fishing grounds.
"You don't have any choice to say anything, or speak out or challenge. You don't want to say anything that will cause you harm, or your family.
"It pains us. It has cost us a lot.
"We want the whole world and other fishermen or other skippers to know that this is not the right way to treat the crew."
Due to Tom Nicholson Jr.'s sudden guilty plea, Kow Mensah and two other Ghanaian men, Gershon Norvivor and Kojo Attah, were not called to testify.
However, the court heard how an injury to another crew member, Augustus Mensah, was instrumental in helping the men escape their ordeal aboard the Sea Lady.
In December 2017, during rough weather in the English Channel, 55-year-old Augustus Mensah fell and struck his head on the deck.
The crew eventually located a first aid kit to treat his open wound, but it contained only a single bandage.
After the vessel docked in Portsmouth for medical attention, police became involved.
Augustus Mensah's experience was prominently featured in the BBC's 2024 Disclosure documentary "Slavery At Sea" and File on 4's "Invisible Souls."
He spoke to the BBC again recently, expressing relief at finally sharing his story in court.
"I was grateful to give evidence because they tried to deceive the public.
"It wasn't easy for me, but I am very happy that at long last we got our justice."
Tom Nicholson Jr. is scheduled to return to court for sentencing next month.
Investigation and Legal Proceedings
Although the case was prosecuted under maritime health and safety laws, it originated as a human trafficking investigation.
Known as "Operation Feature," the inquiry began when crew members from the Sea Lady and another vessel, the Noordzee, were detained by police in Portsmouth following Augustus Mensah's injury.
The men from Ghana and India were later recognized by the UK Home Office as victims of modern slavery.
However, in late 2022, the Crown Office discontinued the trafficking case.
"There is no longer enough evidence to allow this case to carry on," the Crown stated.
After Augustus Mensah and others requested a "right to review," the case was revived under the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Act.
This case marked the second occasion a Nicholson family member appeared at Hamilton Sheriff Court facing health and safety at sea charges.
In November 2022, Thomas Nicholson, who led TN Trawlers, admitted failing to provide adequate care for Filipino crewman Joel Quince.
He was fined £13,500 and ordered to pay £3,000 in compensation to Quince.
That case originated from a 2012 police investigation, "Operation Alto," in which 18 Filipino crew members were identified as victims of modern slavery.
This week, Thomas Nicholson, aged 63, was fined £2,700 for breaching a human trafficking court order.
He is believed to be the first individual in Scotland to receive and breach a Trafficking and Exploitation Risk Order (TERO).
Details of the Trafficking and Exploitation Risk Order Breach
Thomas Nicholson, who remains under investigation for trafficking, was issued the order by Dumfries Sheriff Court to prevent vessel movements without providing details of non-European crew members.
He violated an interim version of the order by relocating his vessel Olivia Jean from the Netherlands to Scotland without submitting required documents to the Maritime and Coastguard Agency (MCA).
His defense argued this was a "genuine mistake" and that no foreign crew were aboard during the move.
Reactions and Calls for Reform
Phil Taylor, director of the charity Open Seas, described the fine as "paltry" and criticized the allocation of over £250,000 in public funds to TN Trawlers while human trafficking investigations were ongoing.
"This is a really concerning case, and it's hard to understand how this firm was provided with public funding," he said.
"It shouldn't be possible for ministers to hand out tens of thousands of pounds to a business under investigation for human trafficking.
"This case shows how important it is for government to scrutinise the work of firms it is supporting with public money, and to publish details of historical convictions and ongoing investigations on the UK fishing vessel register, to ensure those who break the rules are held accountable."
Detective Chief Inspector Paul McNamara of Police Scotland highlighted the collaborative nature of the investigation between the Home Office, Border Force, Maritime and Coastguard Agency, and Police Scotland.
"This investigation was a long running, joint operation between the Home Office, Border Force, Maritime and Coastguard Agency, and Police Scotland.
"As part of this, a Trafficking and Exploitation Risk Order (TERO) was in place. Breaches of the conditions imposed were identified through intelligence and Thomas Nicholson was reported in connection."
"They allow police to step in at an early stage to prevent harm and disrupt organisations while we investigate," he added.
"Partnership working is essential as we share knowledge and skills to target those who make money by exploiting others.
"We want to make Scotland a hostile environment for organisations involved in slavery and exploitation, to protect potential victims and keep our communities safe."
Chris Williams, fisheries section coordinator at the International Transport Workers Federation, described a "structural, systemic problem" in migrant worker recruitment within the fishing industry.
"What we need is a solution that enables workers from the Philippines, Ghana, Sri Lanka and India to come into the UK fishing industry with employment rights, minimum wage protections, and their hours of work and rest being recorded."
"We should not allow a 'race to the bottom' where workers can be exploited and abused."
"We should be paying people fairly and treating them fairly if we're so desperate to have them to keep this food-producing sector working."
Background and Compensation
In 2024, the BBC identified 35 men who worked for TN Trawlers and were later recognized by the Home Office as victims of modern slavery.
The Disclosure and File on 4 productions included testimonies from former workers from the Philippines, Ghana, and India alleging mistreatment by the company.
In October 2024, another group of Ghanaian fishermen were awarded £20,000 each in compensation by the UK government.
These crew members were rescued in 2020 from the scallop-trawler Olivia Jean, also owned by TN Trawlers.
TN Trawlers has denied any allegations of modern slavery or human trafficking, asserting that its workers are well-treated and well-paid.
Additional reporting by Carla Basu, Jax Sinclair, Penny Macmillan, and Paul Ward.
