Darren James Homan: Jury delivers verdict

A jury has delivered its verdict after a trial heard three mates were trying to “do a good deed” before tragedy struck in the Burdekin.

A NORTH QUEENSLAND man has been found not guilty of causing the death of his friend after a jury delivered its verdict on Thursday afternoon.

It was standing room only in the Townsville District Court when the jury returned to announce the result.

Darren James Homan at Townsville court. Picture: Evan Morgan

Darren James Homan was charged with dangerously operating a vessel causing death or its alternative, general obligation on persons involved with operation of a vessel to operate it safely causing death after Mr Scott, 35, was ejected from a boat in the Burdekin River in 2019.

Homan pleaded not guilty to both charges when a trial began on Monday, before a jury concluded he was not guilty to both.

Homan and Mr Scott were in a tinnie with another man, Jamie Levitt, in the Burdekin River at Groper Creek on February 8, 2019, when the boat smashed into a submerged pylon causing Mr Scott to be ejected into floodwaters.

Mr Scott’s body was never found.

35-year-old Justin Scott went missing in floodwaters at Groper Creek on February 8, 2019.

Crown Prosecutor Andrew Walklate told the jury Homan unsafely operated the boat when he took it into the floodwaters, in and around the then submerged jetty at Groper Creek.

He said the water around the jetty was turbulent and fast moving and dangerous to be in.

Mr Walklate said Homan’s actions caused the death of Justin Scott because of his decision to move the boat into the jetty’s vicinity.

Homan’s barrister Harvey Walters said Homan could not get to work that fateful day because the roads were flooded, and instead he went grocery shopping for his parents who were flooded in, and Mr Scott wanted to come with him.

They put the tinnie into the flooded water to drop off the groceries.

Later that afternoon, Homan and Mr Scott had lunch together with Mr Scott’s wife before again putting their boat into the river and Mr Scott asked his wife for a “goodbye kiss” and she went home.

Mr Walters described the incident as a “tragic accident” and said just because a death had occurred did not mean someone had committed an offence.

“These are three good friends trying to do a good deed and this tragedy occurred,” Mr Walters said.

Barrister Harvey Walters at Townsville court. Picture: Evan Morgan

The jury heard from more than 15 witnesses across the four days including Senior Constable Timothy Farran of the Townsville Water Police who said he was called on February 8 to Groper Creek because of reports of a collision.

He said the water conditions were very rough, the water was flowing fast and there were “whirlpools and debris” in it.

He said there were rapids flowing over the jetty that was “completely submerged” and a search was underway for a missing man, Mr Scott, which was ultimately unsuccessful.

Regan Falco was in another boat when he saw Mr Scott was no longer in Homan’s tinnie.

He told the jury from the witness box he saw “stuff flying everywhere” after witnessing the boat smash into the jetty’s pylons.

Another witness, Gavin Falco, told the court on Tuesday he went to Homan’s aid after the accident.

He said Homan was “distraught” and was “pacing up and down” his boat and said Homan told him he had “lost my best mate” before he said Homan told him “I should have known better”.

Darren James Homan at Townsville court. Picture: Evan Morgan

When Homan was in the witness box on Wednesday, Mr Walklate suggested to him he dangerously operated his tinnie when he drove it within a metre of the Groper Creek jetty, before it hit a submerged pylon at speed, ejecting Mr Scott into the river.

Homan disagreed and said he believed he was 25 metres away and was unaware there was a pylon below the water.

A jury of seven females and five males returned to the courtroom on Thursday afternoon to deliver its not guilty verdict before Homan was discharged.

Originally published as Darren James Homan: Jury delivers verdict