A Bluebridge ferry master has been cleared of causing unnecessary danger to passengers after an incident at the entrance to Tory Channel in the Marlborough Sounds in June 2005.
However, Wellington District Court Judge John Walker found David William Birchall, from Palmerston North, guilty of failing to notifyMaritime New Zealand of the incident within sufficient time.
It took four days before Birchall advised MNZ and Judge Walker said he had not established "a reasonable excuse for this failure".
Birchall was charged after MNZ investigators decided it was his navigation that got the Santa Regina into trouble, causing it to narrowly avoid rocks at East Head in the Tory Channel on June 9, 2005.
Birchall, who was the mate/master on the Picton-Wellington crossing with 32 crew and 57 passengers aboard, denied the charges.
Judge Walker said that as the vessel began a starboard turn to proceed through the channel entrance, the tide flowing into the entrance pushed the vessel on the starboard bow and moved it across the entrance towards the northern shore and the rocks at East Head. The ship came within about 100 metres of the rocks.
Judge Walker said in reaching his decision, released yesterday, that he preferred to rely on the evidence of defence witness Captain John Brown, who had made 15,000 crossings of Cook Strait, almost all through Tory Channel.
Captain Brown said Birchall had properly accounted for the predicted tidal flow by his positioning of the ferry.
He said being caught by expected strength of tide was simply an "occupational hazard". It was a situation that had to be managed as and when it arose.
Captain Brown said the bridge layout of the Santa Regina was unsuitable for the modern requirements of navigating Tory Channel. He also criticised the ferry's passage plan, saying it was difficult to understand.
Judge Walker said that while there was risk to passengers and property, it was not avoidable danger or risk and dismissed the two charges relating to unnecessary risk.
Birchall is to be sentenced later on failing to notify MNZ of the incident. MNZ general manager of maritime operations John Mansell said it was important to bring the case before the court in the interests of public safety.
