GOLD COAST, Australia (15 Mar 2004) -- AN experienced dive boat skipper who risked the lives of 12 people in dangerous seas was more interested in making money than ensuring the safety of his passengers, a court was told today. Tristan James Amey, of Mermaid Beach on the Gold Coast, pleaded guilty to negligent navigating and was fined $450 for being at the helm of a boat full of tourists when it capsized in rough seas off Tweed Heads on January 3. A police report tended to the Tweed Heads Magistrates Court today concluded that the potential for loss of life was high. In his sentencing remarks, Magistrate Jeff Linden said Amey had endangered the lives of his passengers and the rescuers who pulled them to safety. Mr Linden said he was surprised that the maximum penalty he could impose was $550. "I would have thought that given the circumstances it should have been much higher," said Mr Linden. The 29-year-old South African-born skipper was working for Gold Coast-based SCUBA instruction company Aqua Sports and Dive when his dive boat was swamped by several waves in the mouth of the Tweed River, throwing all on board into treacherous seas. A big rescue operation involving helicopters, police boats, recreational surfers, surf lifesavers and marine rescue volunteers pulled all 12 to safety. A Japanese woman was admitted to hospital and others, including tourists from Canada and Scotland, were treated for minor injuries ranging from exposure to bruises and cuts. | | PADI 5- Star Aqua Sports & Dive boat skipper fined for negligence Magistrate Linden believed money was a motivating factor in deciding to go to sea in the conditions. "This is a case where commercial interests exceeded safety issues and that is a real concern," he said. "This is a clear case of negligence." In a letter tended to the court, Amey said he was turning his boat around when a motor stalled and he was hit by three waves. "I accept that I made an error in my judgment by not taking into account the possibility of an engine failure," Amey said. "If the engine had not failed then the dive boat would not have overturned." Amey asked that a conviction not be recorded because he wanted to join the Queensland Water Police. But he was convicted, fined and ordered to pay court costs of $61. He would not comment outside court. SOURCE - AAP |
