Sydney party boat captain says sewage tank levels high before mum’s death

A part-time ship master of a party boat on which a 39-year-old woman died in 2019 has been convicted and fined in a Sydney court.

The captain of a party boat where a Sydney mother died in a toilet cubicle has been convicted after a probe later uncovered defects on the luxury vessel.

Ship master Paul Titze, 45, of Botany, appeared in Downing Centre Local Court on Monday after being charged with multiple offences by the Australian Maritime Safety Authority following the incident in February 2019.

Berowra mother-of-two Shalina Abdulhussein, 39, was found dead in the bathroom of the luxury catamaran Lady Rose during a party attended by 27 guests on Sydney Harbour.

Paul Titze arrives at Downing Centre Local Court after being charged by the Australian Maritime Safety Authority. Picture: John Grainger

Shalina Abdulhussein, 39, was found slumped over a toilet sink on the three-level Lady Rose catamaran in 2019.

A report from the Office of Transport Safety Investigations later found it was likely Ms Abdulhussein was overcome by a harmful gas called hydrogen sulphide, which can be found in sewage systems.

The court was told Titze, who works as a casual master for the boat’s operator All Occasion Cruises, had pleaded guilty to one charge of unreasonably placing the safety of another person at risk after another two charges including operating negligently were withdrawn.

Prosecutor David Staehli, SC, told the court an investigation had uncovered multiple deficiencies on the Lady Rose following Ms Abdulhussein’s death, including having life rafts tied down with rope and a faulty valve which had a hole on it in the piping of a basin in a toilet cubicle.

The boat that day was chartered to carry 27 passengers and six crew. Picture: Jonathan Ng

“The effect of the valve not working properly ... was potentially for gasses to flow up from the sewage tanks from the below deck area of the boat with the potential for there to be dangerous gasses,” the lawyer said.

When asked if he had any concerns about the vessel at the start of the cruise, Titze mentioned the high levels of the sewage tanks.

“The only concern I had was the sewage tanks, the levels were high – they should have been empty,” he said.

“Port side was two thirds full, starboard was half full which was unusual - they should be empty.

“Standard procedure … is (that the previous master) should pump it out so it’s empty for the next charter.”

Titze said the sewage tanks on the ship were partway full. Picture: John Grainger

Titze told the court that passengers began to complain of smells on the vessel before he and his crew decided to empty the tanks at a nearby marina and Ms Abdhulhussein was found.

“It was a tragic accident, (we were) all in shock on the day - it wasn’t a good moment,” he said.

The court heard there was nothing in the crew’s pre-voyage check list stipulating that they needed to check the sewage system other than the need for pumping out the tanks if necessary.

Sentencing him, magistrate Greg Elks found Titze was a truthful witness who took his responsibilities as master seriously and that his pre-voyage inspection would not necessarily have picked up problems with the sewage system.

However, Mr Elks ruled Titze should have picked up in his inspection that the life rafts were tied down with rope and potentially incapable of floating free.

“That was in my view a serious breach,” he said.

Titze was convicted and fined $2000.