Passengers on the stricken Waitere are helped onto another ferry. The damaged vessel sank about an hour later. Photo: Supplied
A boatie who admitted causing a collision with a ferry in the Bay of Islands - which broke the skipper's neck and crushed his spinal cord - must wait to find out how much he will be fined.
Auckland boatie James Petrie Thomson appeared in Auckland District Court for sentencing on Monday in front of Judge Nick Webby, after pleading guilty to dangerously operating the boat which crashed into the ferry.
The historic ferry Waitere sank shortly after the crash with Thomson's high-powered sports fishing boat near Russell in April last year, injuring 77-year-old skipper, Bill Elliot.
Elliot was not present on Monday, but members of his family were, one of them reading a victim impact statement on behalf of his seven children and wider family. The contents of the statement were suppressed by the court.
Auckland boatie James Petrie Thomson. Photo: RNZ/Nick Monro
Maritime NZ lawyer Suzanne Trounson said a prison sentence was not being sought, and noted Thomson had apologised early and given money to the family, which should be recognised in discounts.
Trounson sought reparations for a number of passengers who had been on the ferry the day of the collision, including the cost of medical expenses and the replacement of a Samsung phone a passenger lost when they ended up in the water.
'No joyride'
Thomson's lawyer Honor Lanham said he was an experienced boatie who had only been on the water that day to help a grieving family member by taking their boat to get repairs.
Damage to the Paihia-Russell ferry after a collision with a motorboat. Photo: Supplied
"This was no joyride," Lanham said, and the crash had "shaken his sense of identity".
Thomson had been in open waters, Lanham said, when the engine alarm sounded. While he tried to clear it, he was "periodically" looking up.
"He acknowledges that attempt was inadequate and he should've powered the boat down or slowed his speed.
"Neither skipper saw the boat approaching until the moment of impact. They are both experienced and well-meaning skippers."
Lanham told the judge Thomson would pay reparations, but noted he "did not have deep pockets".
Trouson suggested $100,000 should be paid in reparations to Elliot's family, the largest reparation amount sought under the Maritime Transport Act. The suggested amount was taking into account the crash had left Elliot paralysed, she said.
She asked Judge Webby to also consider a top-end fine of $9000 and thousands more in reparations for the other ferry passengers.
Lanham said this amount of reparation had never been sought and $40,000 was appropriate.
Judge Webby reserved his decision on what amount of fines and reparations Thomson would need to pay.
