$100k sought for paralysed ferry captain
Judge reserves sentencing decision for skipper of boat that hit historic Blue Ferry
Adistracted powerboat skipper who crashed into a crowded historic passenger ferry at speed in the Bay of Islands — resulting in an overboard ferry passenger, the other captain suffering a broken neck and the ferry’s sinking — returned to an Auckland courtroom yesterday as family of the paralysed captain described the suffering he still endures.
James Petrie Thomson, 48, pleaded guilty in February to dangerous activity involving ships and was set to be sentenced yesterday. The hearing began, with both sides agreeing a substantial fine and reparation were more appropriate outcomes than imprisonment, but Judge Nick Webby reserved his final decision.
The sentence is likely to be announced next week, the judge told a courtroom crowded with media.
Thomson was at the helm of his recently deceased father-in-law’s 10-metre twin-engine pleasure boat named Onepoto when he caused the crash in April last year.
The powerboat was travelling at an estimated 20.5 knots en route to Rawhiti Pt around midday when an engine alarm sounded from the display unit next to the helm as the ship passed Toretore Island.
Thomson was looking down at the display unit, scrolling through a list to identify the fault, for an estimated 90 seconds when he hit the ferry.
Thomson did not see the ferry until the moment of impact.
The 79-year-old ferry, meanwhile, had been travelling with 19 passengers in open water when the skipper, Bill Elliott, noticed the other boat approaching moments before the collision. The wooden boat, owned by Elliott and named the Waitere but better known as the Blue Ferry, ran a regular Paihia-Russell route.
Thomson’s boat penetrated the port side of Elliott’s ferry, hitting Elliott directly. One passenger went overboard and several others were knocked off their feet.
Thomson reversed his vessel and radioed for help before rescuing the overboard passenger.
Elliott, then 77, was airlifted to Middlemore Hospital in Auckland and spent seven weeks in the spinal unit. He also suffered a heart attack. Other passengers suffered minor injuries and trauma.
Before the crash, Elliott had the strength and vigour of a 20-year-old, his family said. He worked as a builder when not operating the ferry, which had been in the family for 25 years.
He is now paralysed from the chest down and in need of 24-hour care, the court was told.
Dangerous activity involving ships is a violation of the Maritime Transport Act and carries a maximum sentence of 12 months’ imprisonment and a $10,000 fine. While there is no speed limit in open water, Thomson broke the law by failing in his duty as skipper to keep a proper lookout, and for not slowing his speed when distracted by the engine alarm.
Crown prosecutor Suzanne Trounson, representing Maritime New Zealand, suggested yesterday that the judge consider a top-end fine of $9000, in addition to $100,000 in reparation to the Elliott family and thousands more in reparation to the other passengers. The judge may, however, want to reduce the amounts when considering the defendant’s ability to pay, she said.
Trounson acknowledged such reparation would be higher than any other case under the Maritime Transport Act, but it would take into account the major life change that came with Elliott’s paralysis, she said.
Defence lawyer Honor Lantham sought $40,000 reparation to the Elliott family, which she said would still be “higher than any level of award that has ever been made”.
She noted her client was highly remorseful, to the point where it had shaken his sense of identity. He had reached out to Elliott’s family and apologised immediately, and voluntarily gave them $10,000 to help with expenses for keeping vigil with him at the hospital. The family has shown graciousness in accepting his apology, she said.