The skipper of a charter launch which sank off Rakitu Island after hitting a rock has been fined $2000 and ordered to attend a navigation course.
In the Auckland District Court yesterday, Judge Thomas Everitt fined George Hamilton $2000 and ordered he attend a refresher course on coastal navigation for operating
the vessel La Nina in a manner causing unnecessary risk or danger to others.
He also fined Hamilton court costs and solicitor fees for a second charge of operating La Nina in a manner causing unnecessary risk or danger to property.
Hamilton was the master of La Nina when it grounded near Arid Cove, Rakitu Island, on November 17 last year.
A deckhand and nine fare-paying passengers were also on board the 11.92m launch on a fishing trip when it struck a submerged rock just after 6.30 pm. The launch was estimated to have been travelling at between 10 and 16 knots.
The deckhand was thrown forward by the impact and suffered 3 broken ribs and a partially collapsed lung.
At 6.44 pm, Hamilton made a mayday call stating that La Nina was sinking 300m off the northeastern end of Rakitu Island. Passengers were evacuated into a liferaft and picked up by two other boats just before 7 pm.
The deckhand was taken by rescue helicopter to Auckland Hospital, where he stayed for five days.
La Nina, worth $250,000, sank.
Defence counsel Stephen Tee said Hamilton accepted responsibility for placing the crew and passengers at risk and wanted to express his remorse.
Hamilton's error was not knowing exactly where he was.
Judge Everitt said Hamilton believed he had safely passed the rock, but had to double back when a piece of equipment blew off the vessel.
The vessel cruised onto the rock, flooding the engine room.
The judge said it was accepted that Hamilton had made an error by travelling at speed near a known obstacle, but did not find that he had acted with a high degree of carelessness.
He also gave weight to the fact that Hamilton had not been in any other trouble over his 20-year career at sea.
