Jury dismissed as Stan Anthoulos admitted to psychiatric ward mid-trial

A jury has been dismissed after a man charged over a fatal boat accident in the Brisbane River sought psychiatric help.

The mother of a woman who drowned in a boating accident five years ago has expressed her disappointment at the collapse of the trial of the boat owner.

“We thought we were going to finally get closure after waiting five years,” Kath Read said after the jury in the trial of Stan Anthoulas was dismissed.

Kylie Patricia McMahon, 30, drowned when the half-cabin motor boat owned and driven by Anthoulas sank in the Colmslie reach of the Brisbane River.

Mrs Read and her husband John, of Hervey Bay, had sat through four days of the trial before it came to an abrupt end, towards the end of the Crown case, after Anthoulas suddenly checked in to a hospital psychiatric ward.

“Kylie was a loving and beautiful daughter, who lived life to the fullest,” Mrs Read said of her daughter, who died in 2016.

“Every day Kylie used to call me, every single day, to tell me she loved me.”

Judge Brad Farr on Monday dismissed a jury that heard evidence around the fatal marine incident in 2016.

Judge Farr said Anthoulas had “seen the error of his ways” while representing himself during the Brisbane District Court trial and was seeking legal representation while an inpatient at a hospital.

Anthoulas has pleaded not guilty to contravening the general safety obligation of a ship owner, causing a marine incident involving the death of a person.

The charge alleges Anthoulas operated the boat at Murarrie on the Brisbane River on February 21, 2016, while it was unsafe.

Judge Farr agreed with prosecutor Danny Boyle that the trial should not proceed on Monday when Anthoulas did not appear in court.

Stan Anthoulas at the Supreme Court in Brisbane during his trial. Picture: Josh Woning

“We’ve received a report from treating psychiatrists,” Judge Farr said.

“The consequence of that is that he is in no fit state to continue with the trial and he is representing himself in these circumstances and that might constitute an aggravation of his mental state.”

Judge Farr said it was unfortunate that the jury was dismissed well into the trial.

“Trials are stressful things for everyone involved, particularly for the defendant, but it will be brought on again at some future stage,” he said.

Witnesses who saw the boat had sunk told the court of attempts to rescue Ms McMahon, and of unsuccessful attempts to resuscitate her once the boat was towed to shallower water.

Photographs shown to the court last week showed a fishing cast net wrapped around the boat’s propeller.

The court heard tests after the accident showed water could get into the starboard void space of the boat.

Marine surveyor Desmond Ward, who viewed video of the tests, said that was most likely because of cracks on the hull below the waterline on the starboard side.

The court heard there was evidence that cracks had been partially repaired previously using Sikaflex sealant.

Kylie Patricia McMahon drowned in the sinking.

Mr Ward said because water got into the void it would have caused loss of stability of the boat.

The court was shown a video of a large amount of water pouring out of the void after the boat was put back in the water for a five and a half-hour test after the accident.

Mr Ward said that confirmed there was water in the void.

He said if there was no water in the void and the void was sealed, it would have contained air, making it very unlikely there would have been an effect on stability and the boat would not have sunk.

Luan Baldwin, a Maritime Safety Queensland marine officer at the time, said when he inspected the boat the day after the accident the bilge pump, used to get rid of water, was not operational.

On April 12, 2016, Mr Baldwin gave Anthoulas a defect notice that said the boat was unseaworthy and could not be operated.

Anthoulas had been representing himself in the trial which began on May 17 but was adjourned on Thursday until Monday.

Judge Farr vacated an arrest warrant he issued for Anthoulas on Thursday.

Anthoulas remains on bail.

The matter will be heard again on June 11 and a date for a new trial is yet to be fixed.