Forums39
Topics39,190
Posts317,762
Members26,631
|
Most Online3,755 Sep 23rd, 2024
|
|
14 registered members (SXMScubaman, IWIWSE, TravelHat, eightzerobits, JeanneB, bobbarb, SteveH, BenP, 6 invisible),
3,143
guests, and 323
spiders. |
Key:
Admin,
Global Mod,
Mod
|
|
|
Kiwi Boat Captin on trial for boat deaths
#85541
02/07/2016 02:31 PM
02/07/2016 02:31 PM
|
Joined: Oct 2000
Posts: 4,282 Vero Beach, Fl and South Sound...
tpcook
OP
Traveler
|
OP
Traveler
Joined: Oct 2000
Posts: 4,282
Vero Beach, Fl and South Sound...
|
Boat Captain on trial After reading this sad incident, I would vote to find not guilty, only in that it appears he was not impaired, not behind the wheel. Sure he made a bad mistake in letting someone else take the wheel, but what is the point of also ruining his life. Two people are already dead, why make the situation worse.
tpcook
|
|
|
Re: Kiwi Boat Captin on trial for boat deaths
[Re: Pvgreg]
#85545
02/09/2016 06:48 PM
02/09/2016 06:48 PM
|
Joined: Sep 2006
Posts: 5,680 An island state of mind
tradewinds
Traveler
|
Traveler
Joined: Sep 2006
Posts: 5,680
An island state of mind
|
Pvgreg said: "Eaten by sharks from the waist down"...I wasn't aware that man eating sharks were that prevalent in the BVI, especially in the North Sound. She was found floating the next day out in open water.
|
|
|
Re: Kiwi Boat Captin on trial for boat deaths
[Re: Manpot]
#85549
02/13/2016 03:42 PM
02/13/2016 03:42 PM
|
Joined: Jun 2009
Posts: 281 Chicago
trueblue
Traveler
|
Traveler
Joined: Jun 2009
Posts: 281
Chicago
|
Manpot said: I say..let the evidence tell the tale..whatever the outcome..a tragedy and a warning to many of us ...things happen fast on the ocean.. Right. No " do overs". A sad lesson here. No winners
|
|
|
Re: Kiwi Boat Captin on trial for boat deaths
[Re: tpcook]
#85550
02/13/2016 06:11 PM
02/13/2016 06:11 PM
|
Joined: Nov 2012
Posts: 288 Kansas
Chriskal
Traveler
|
Traveler
Joined: Nov 2012
Posts: 288
Kansas
|
Hard to say since we don't have all the facts and I'm not versed in BVI law.
However, gross negligence is traditionally a pretty high standard. More than carelessness; the phrase commonly used is "reckless disregard"
Did he act in reckless disregard for the safety of that group? I don't know, but based solely on the limited information in the story, I don't see it.
The story has the prosecution stating he was :
"a negligent captain who operated the boat at an unsafe speed, drove while under the influence of alcohol, and failed to ensure that his passengers were wearing life jackets."
Ok. Let's look at those allegations.
1). Operated at an unsafe speed. Show me what speed the boat was operating at. The story doesn't mention it and I'm nearly 100% confident the government lacks the ability to prove the speed the boat was traveling when the collision occurred. The fact that an accident occurred is not evidence in and of itself that the speed was unsafe.
2). Drove under the influence. Really? If true that would certainly be strong evidence of reckless disregard. However, the witness has stated he didn't appear to be intoxicated and it doesn't appear the investigators bothered to draw breath or blood to get a BAC. You don't get to just assume he was drunk and if they had a BAC that's important enough I think the story would have mentioned it.
3) his passengers weren't wearing life jackets. maybe it's my ignorance, but this one I just don't get. Is there a law or reg I'm unaware of that requires passengers to wear life jackets? Good idea or not virtually nobody wears life jackets. If not making passengers wear jackets amounts to a reckless disregard for their safety there are a lot of grossly negligent captains running around the BVI. Including the CCC's and the professionals.
4) there appears to be some question as to who was actually driving the boat. The prosecution doesn't think it matters, which means they feel simply allowing the other lady to drive was gross negligence. I'm not sure how that works unless they can prove that he somehow knew she was incapable of operating the boat safely. I doubt they can do that.
Based on what I know, if I'm the judge or a juror: not guilty.
A tragic and unfortunate accident to be sure, but from what I've read not criminal.
|
|
|
Re: Kiwi Boat Captin on trial for boat deaths
[Re: StormJib]
#85554
02/15/2016 09:02 AM
02/15/2016 09:02 AM
|
Joined: Feb 2014
Posts: 252
jboothe
Traveler
|
Traveler
Joined: Feb 2014
Posts: 252
|
StormJib said: I also have no clue on BVI law but if you possess a captains ticket in the US. You own what happens on the boat if you are anywhere on the boat. Even if you a just a guest hitching a ride and never near the helm. StormJib said: Somehow the boat ended up way up on the rocks. That means high speed. Where do you get all this information???
|
|
|
Re: Kiwi Boat Captin on trial for boat deaths
[Re: jboothe]
#85555
02/15/2016 10:30 AM
02/15/2016 10:30 AM
|
Joined: Nov 2014
Posts: 1,049
StormJib
Traveler
|
Traveler
Joined: Nov 2014
Posts: 1,049
|
jboothe said:StormJib said: I also have no clue on BVI law but if you possess a captains ticket in the US. You own what happens on the boat if you are anywhere on the boat. Even if you a just a guest hitching a ride and never near the helm. StormJib said: Somehow the boat ended up way up on the rocks. That means high speed. Where do you get all this information??? Again I am not a fan of jailing people as a result of an accident where there is no evidence of intent to harm or malice. Not all will agree with that. Here is one picture of the large heavy 30 foot boat the next day. Further passengers were ejected and multiple passengers were injured all of that points to high speed collision and rapid deceleration. Back the real simple forensics. What speed did that boat plane at and was that boat on plane. No matter who was steering. The law of the sea. The master in command owns it. There is no getting out of that.
|
|
|
Re: Kiwi Boat Captin on trial for boat deaths
[Re: StormJib]
#85557
02/15/2016 11:45 AM
02/15/2016 11:45 AM
|
Joined: Oct 2012
Posts: 308 Tampa, FL
denverd0n
Traveler
|
Traveler
Joined: Oct 2012
Posts: 308
Tampa, FL
|
StormJib said: ...if you possess a captains ticket in the US. You own what happens on the boat if you are anywhere on the boat. Even if you a just a guest hitching a ride and never near the helm. All due respect, but this is a commonly-repeated myth that is simply not true. If you have a CG license, and you are operating under the authority of that license--that is, you were hired to be the "captain," or have any paying passengers on board the boat that you are operating--then, yes, absolutely, anything that happens is going to be on you. But just because you have a CG license, that does not mean that you cannot ever go on any boat without being liable for everything that happens. If I go out on my buddies boat with him, just for a fun day of riding around, the fact that I have a CG license does not enter into it. If something happens while he is in command then he is at fault, not me. In this particular case, it sounded to me like he was hired to be the captain. I could be wrong about that. If I am not wrong, if he was hired to be the captain then, yes, whatever happens, whoever is at the wheel, he is still responsible.
Last edited by denverd0n; 02/15/2016 11:48 AM.
|
|
|
Re: Kiwi Boat Captin on trial for boat deaths
[Re: tpcook]
#85564
02/25/2016 10:34 AM
02/25/2016 10:34 AM
|
Joined: Aug 2000
Posts: 83,620 Central Florida!
Carol_Hill
Traveler
|
Traveler
Joined: Aug 2000
Posts: 83,620
Central Florida!
|
That's what I was wondering, whether he would have the money to be able to pay it...
Carol Hill
|
|
|
|