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An Auckland charter boat captain who was skipper when a 25-year-old mother of two fell to her death into the Waitematā Harbour during a staff party has been ordered to pay $4000 reparation to her partner.
Christopher Sherborne, 48, returned to Auckland District Court todayfor sentencing before Judge Nevin Dawson. Zefiro Charters Ltd is heading to trial next month facing a fine of up to $1.5 million in relation to the death if found guilty.
Danielle Tamarua, remembered as a talented young chef, was attending a staff party on the Zefiro for her hospitality company on April 1, 2021. They had spent several hours cruising around the Waitematā Harbour.
She was on the bow as it returned to the Viaduct Harbour in worsening weather, a contravention of the vessel’s Maritime Transport Operation Plan, but staff had not asked her or anyone else to move inside.
She lost her footing and went overboard and into the propeller, which completely severed her left leg just below the hip.
Three men dove in to rescue her and return her to the ship but despite the efforts of a passenger, and later police staff and paramedics winched down to the vessel from a rescue helicopter, she could not be revived
Sherborne pleaded guilty earlier this year to two breaches of the Maritime Transport Act: causing or permitting an act that causes unnecessary danger or risk and operating a ship without the correct maritime documentation.
Both are punishable by up to 12 months’ imprisonment and a fine of up to $10,000.
Sherborne took full responsibility for his role in the incident as skipper and did not seek any of the discounts available at sentencing for his lack of previous convictions and taking responsibility at an early stage.
Judge Dawson ordered him to pay $3500 reparation on the first charge and $500 on the second to the woman’s partner. Further reparation will be available to the family if the company is found guilty following its trial next month.
“Rules are there to be followed and you did not do so,” the Judge said.
The Judge said it was to his credit that he did not seek any discounts.
“I accept this is a particularly distressing affair for the family of the victim and also for yourself,” Judge Dawson said.
Danielle Tamarua was on a Zefiro Charters Limited boat at the time of the incident. The company is set to face trial next month. Photo / Michael Craig
The court heard Sherborne was of limited means and was borrowing money from a relative in order to pay the amount immediately in full.
Sherborne was the skipper for the Zefiro as about 30 staff from LittleWolf Catering gathered for a day trip starting around 10am at the Viaduct Harbour and travelling around the Hauraki Gulf. LittleWolf employee Tamarua was among the passengers.
Aboard the ship, the catering company had brought its own food and enough alcohol for an open bar.
A safety briefing as the day began omitted what would turn out to be two crucial details for the tragedy that followed: restricted areas of the boat and what to do if someone went overboard.
“While Mr Sherborne did know that ... passengers should not be on the bow while the vessel was underway, he did nothing to prevent passengers from doing so, either on the day of the incident or on previous voyages,” the summary of facts said.
Throughout the day, the passengers swam when the boat was anchored, ate a barbecue lunch, danced and drank.
The vessel was still at sea seven hours later, when Tamarua sat on the bow with another passenger. About 5pm, the two decided to go back inside and stood up.
“Ms Tamarua began walking around the very front of the bow, holding onto the waist-height rail. They then stopped and continued to talk for approximately five minutes, leaning back against the rail and facing into the vessel. Ms Tamarua’s legs suddenly went out from under her and she fell backwards over the rail of the boat and into the sea.”
Once in the water, Tamarua was hit by the propeller. Her left leg was severed just below the hip.
Danielle Tamarua, 25, died after falling from the Zefiro luxury charter yacht in Waitematā Harbour on April 1. She worked at Auckland catering company LittleWolf. Source / Facebook
The fellow guest who was with her got Sherborne’s attention before frantically jumping in after her. Sherborne, meanwhile, commenced man overboard procedures - issuing a mayday and warning a ferry that was in the water behind them.
Several others jumped into the water, but by the time they swam to her roughly 30 to 50 metres away she was already unconscious. Back on board, a tourniquet was tied around her leg and a passenger trained in first aid gave CPR. Police arrived a short time later with a defibrillator and a Westpac Rescue Helicopter paramedic was winched onto a nearby boat and taken to the scene.
But the efforts to save her were not successful. She was pronounced dead around 6.10pm.
The other guests were transferred to a police vessel, while the Zefiro had to be towed back to the Viaduct by the Coastguard due to an unrelated engine failure.
