Sydney Harbour Boat Crash Charges

[pelican]

Best not to comment on this since it is off to court but interesting to see the way marine law works

REports from teh SMH , AAP and teh Australian over the last couple of months.

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Percy Small granted conditional bail on Sydney Harbour boat crash charges

November 28, 2008

Article from: The Australian

A FORMER bartender accused of drunkenly causing a boat crash that killed six people has been granted bail by a Sydney court, after being extradited from Queensland.

Percy Small, 24, was allegedly at the helm of an overloaded runabout that slammed into a fishing trawler on Sydney Harbour in the early hours of May 1 this year.

Six of the 14 people aboard the runabout were killed.

Small faces six charges of dangerous navigation occasioning death and a charge of driving a vessel under the influence of alcohol.

He was arrested on Queensland's Sunshine Coast on Wednesday.

At Sydney's Central Local Court on Friday, Magistrate Allan Moore granted him bail on a $10,000 cash deposit, and on the condition that the $250,000 equity in a family home at Watsons Bay be held as surety.

Small is also required to report to police daily, reside at the Watsons Bay residence, and not approach any point of departure.

He is next due to front court on January 15.

Outside court, the head of the police strike force investigating the crash made only a brief comment.

"Investigations are still ongoing," Detective Inspector David Laidlow told reporters.

AAP

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Evidence of drug use before boat deaths

Tony Moore

November 28, 2008

THE alleged driver of a seven-metre runabout involved in a collision with a fishing trawler on Sydney Harbour earlier this year, killing six people, was under the influence of cocaine, marijuana and alcohol on the night of the crash, police have said.

Documents tendered at the extradition hearing for Percy Small in Maroochydoore Magistrates Court yesterday contained a pharmacologist's report accusing the 24-year-old of being under the influence of drugs at the time of the incident in May.

"From the timing of the use of alcohol, cannabis and cocaine, Mr Small would have been under the influence of all three substances to the extent that there would have most likely been significant impairment of cognitive and motor functions, which would have been significantly detrimental to his ability to master a vessel," pharmacologist Judith Perl concluded from blood samples taken from Small at Sydney's Royal North Shore Hospital immediately after the collision.

Small was refused bail and extradited to NSW under police guard to face seven charges - six of dangerous navigation causing death and one of operating a vessel with a mid-range concentration of alcohol.

He will appear in Central Local Court in Sydney at 9.30am today.

The police documents also alleged that Small told investigating officers that another man, Matthew Reynolds, was driving the boat.

Magistrate Hadyn Stjernqvist refused Small's plea to remain on the Sunshine Coast, where he has enrolled at the University of Southern Queensland.

Small was escorted in custody on a plane to Sydney by two NSW homicide squad detectives, David Laidlaw and Bryan Parker.

In a plea for Small to remain in Queensland, his defence solicitor, Chelsea Emery, accused detectives of using "heavy-handed tactics" and said they had set up the extradition hearing for media attention.

During the court appearance, Ms Emery said her client had been in constant contact with his Sydney lawyer and denied that he had left NSW without informing police.

Detective Inspector Laidlaw said police actions had been appropriate. "Correspondence was had with both Mr Small and his solicitor.

"However, due to such conversations, it was the view of police that Mr Small wouldn't comply with any direction that we proposed to make.

"Therefore we went to the measure of arresting him."

Ms Emery told the court during the 30-minute extradition hearing that Small had been in contact with NSW police since May 7.

Detective Inspector Laidlaw did not rule out further charges

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SMH

Alleged driver bailed over Harbour deaths

Email Printer friendly version Normal font Large font Dylan Welch

November 28, 2008 - 11:29AM

The alleged driver of a seven-metre runabout involved in a collision with a fishing trawler on Sydney Harbour earlier this year, Percy Small, has been given bail at a Sydney court this morning.

Appearing at Central Local Court shortly before 11am, Small's defence lawyer sought and was given bail dependant upon a $10,000 surety and equity in a Watson's Bay property owned by his family.

Small is also required to report to police daily, reside at the Watsons Bay residence, and not approach any point of departure.

Small, 24, was allegedly at the helm of an overloaded runabout that slammed into a fishing trawler on Sydney Harbour in the early hours of May 1 this year. He faces six charges of dangerous navigation occasioning death and a charge of driving a vessel under the influence of alcohol.

Members of his family were in court to support Small, who had red eyes and was dressed in the same clothes he was arrested in at a Sunshine Coast property on Wednesday.

Documents tendered at Small's extradition hearing in Maroochydoore Magistrates Court yesterday contained a pharmacologist's report accusing the 24-year-old of being under the influence of drugs at the time of the incident in May.

"From the timing of the use of alcohol, cannabis and cocaine, Mr Small would have been under the influence of all three substances to the extent that there would have most likely been significant impairment of cognitive and motor functions, which would have been significantly detrimental to his ability to master a vessel," pharmacologist Judith Perl concluded from blood samples taken from Small at Sydney's Royal North Shore Hospital immediately after the collision.

The police documents also alleged that Small told investigating officers that another man, Matthew Reynolds, was driving the boat.

The matter will next be heard on January 15 at the Downing Centre.

With Tony Moore and AAP

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Charges recommended against runabout skipper

July 22, 2008

Article from: The Australian

POLICE have asked the Director of Public Prosecutions to consider charges against the skipper of runabout which collided with a fishing boat on Sydney harbour killing six people in May.

Police believe Percy Small, a 24-year-old barman at the Commercial Hotel, Balmain, was driving the runabout on the night of the accident, say reports.

They have flagged the possibility of a charge of dangerous driving occasioning death.

Mr Small has refused to do a formal interview with police over the crash, which occurred early on May 1, but it was understood he had told police he was not driving the boat.

It was initially claimed another survivor of the crash, Matthew Reynolds, was at the helm of the boat when it crashed.

He too has refused to make a formal statement to police although it is believed he recently nominated Mr Small as the person he thought was at the helm at the time of the crash.

Witnesses to the crash have told police that after Mr Reynolds, a qualified skipper, negotiated the boat from Balmain Wharf he handed the controls over to Mr Small.

Mr Small, who holds a boating licence and did not appear affected by alcohol, safely took the boat across the harbour to Watsons Bay.

It was on their way back to Balmain that the boats collided just off Bradleys Head.

The DPP's office has confirmed it has received a "partial" brief from police but it is awaiting more evidence.

AAP

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SMH

Dylan Welch Police Reporter

November 7, 2008

THE runabout that collided with a fishing boat on Sydney Harbour in May, killing six young revellers on board, was speeding when the collision occurred, independent tests have shown.

As detectives enter their seventh month of investigations, a series of tests and re-creations by the Office of Transport Safety Investigations shows the runabout - allegedly driven by the bartender Percy Small - was travelling at 12 knots (22kmh), a source close to the office has told the Herald. That is two knots over the established limit.

Longstanding marine regulations state a vessel must travel under 10 knots when passing within 30 metres of another craft.

The tests also showed the fishing boat, Jordon's, was not exceeding the 10-knot speed limit.

The tests will form part of the police brief of evidence given to the NSW Director of Public Prosecutions, helping prosecutors to decide whether to charge anyone over the crash.

The homicide squad's coronial investigation team is investigating whether anyone is to blame for the crash on May 1.

It occurred when the two-man fishing boat heading out to sea and the runabout with 14 people aboard collided about 2.30am off Bradleys Head.

Six people on the runabout died as a result of the crash.

The Herald has previously reported that charges against two people on the runabout - Percy Small and Matthew Reynolds - are possible. Mr Reynolds, 31, took the boat out for the night, but Mr Small, 24, was allegedly driving it when it collided with Jordon's, which was being driven by Peter Evans.

Mr Evans returned to work in the past fortnight. "We've seen him a couple of times only," said a commercial fishing boat skipper at the Sydney Fish Markets.

"He's just getting back into it, getting used to being on the water again. I mean, he didn't do anything wrong, but it's still a horrible thing to know you were involved in six deaths."

Jordon's is also back in working condition, and can be found moored during the day to a pier at the Sydney Fish Market.

Neither Mr Small nor Mr Reynolds has consented to a police interview, but Mr Reynolds recently agreed to nominate who was driving the boat when it crashed. It is understood he said the driver was Mr Small.

At least one of the pair could face a charge of dangerous driving occasioning death if the Director of Public Prosecutions decides to prosecute.

Police are understood to be seeking a second opinion from a marine expert. Once that is complete, an announcement about any prosecution is expected.

As well as the speeding tests, prosecutors will consider whether both boats were properly lit and if their skippers were driving safely and paying attention.

Six people died as a result of the crash: Mr Reynolds's girlfriend, Ashlie Ayres, a mother of two; Jessica Savanna Holloway, a social worker; Stacey Wright, a bar worker; Alexander Rumiz, a bar worker; Lizzie Holder, a hairdressing apprentice; and Alexandre Nikakis, a Balmain local.

The seven-metre half-cabin runabout, a former navy diving vessel, was initially reported as having been taken without the knowledge of its owner, Sydney Ship Repair and Engineering, and as carrying 14 people although it was authorised for eight.

The group had been drinking at a Balmain pub on the night of April 30, and Mr Reynolds had offered to take them for a cruise to Rose Bay and back.

The group made it safely to Rose Bay and at some point it is believed Mr Small took control.

Then, about 100 metres off Bradleys Head, the boat collided with the Jordon's as it was heading to sea to begin its fishing run.

Edited November 28, 2008 by pelican