Joseph William Sloan, 50, fined for dangerous operation over Bad Fishy boat crash in Trinity Inlet
An experienced mariner with an “exemplary reputation” has expressed his “heartfelt regret” over an accident where a family of three thought they were going to die following his actions.
Cairns
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An experienced mariner with an otherwise “exemplary reputation” has expressed his “mortification, sincere apologies and heartfelt regret” over an accident in which a family of three thought they were going to die when the tourist jet boat he was driving ploughed into and over their dinghy at high speed in Trinity Inlet last year.
Joseph William Sloan, 50, pleaded guilty in Cairns Magistrates Court this week to dangerous operation of a vessel in relation to the accident on September 1 last year in which a Bad Fishy jet boat travelling at around 30 knots collided with a stationary dinghy, and to a charge of driving a vessel while a drug is present in saliva.
The court was told Sloan was at the helm of a tourist jet boat with 10 passengers on board, including children, when he executed a high-speed back slide manoeuvre near a pontoon in Trinity Inlet on a Sunday morning, colliding with a 4.6 metre dinghy, from which a mum, dad and their 11-year-old daughter were fishing.
The replacement cost for the boat was more than $40,000, the court was told.
Police prosecutor Danny Burke said three family members were injured, and continued to suffer traumatic flashbacks to the moment they saw the jet boat speeding straight towards them at an estimated 55km an hour.
In the father’s victim impact statement, tendered to the court, he said he thought in the moments before the collision that he was going to die with his family, and continues to be haunted by the image of his daughter hanging, seemingly lifeless from the boat, and thinking she was dead. The daughter describes in her statement feeling fear she would drown or be taken by a crocodile.
The court was told Sloan simply did not see the dinghy, despite the father standing up in the moments before the accident to try to alert him.
Magistrate Leanne Scoines said a sentence of imprisonment was in range for the offence, but she needed to craft a ‘finely-balanced’ sentence that took into account the accident itself, the effect on the victims, deterrence, “strict denunciation”, and also Sloan’s sincere contrition and otherwise good reputation in the maritime industry.
“What happened on that day could well have resulted in serious injuries or fatalities,” Magistrate Scoines said.
“I am very aware of the serious effect this has had on the victims.
“It was a fairly spectacular display of poor judgement from an experienced mariner entrusted with passengers to provide a service – a high risk, adventure activity.
“The position (of skipper of the jet boat) was described as a perilous job because there were commercial realities and pressures put on Mr Sloane by the company to make the ride thrilling and exciting, nonetheless he does accept that there was careless conduct on this day.”
She said Sloan was “known as an advocate for marine safety” and noted he had participated in many safety initiatives as vessel master at the Marine College in Cairns.
“Indeed this incident contradicts everything he has stood for as a mariner and he feels shame about what has occurred and is seeking assistance to ensure there is nothing similar in the future … seeking counselling and courses to improve his mental health and professional capabilities.”
Magistrate Scoines fined him $5000 and disqualified him from driving for six months on the dangerous operation charge and fined him $400 with a one-month disqualification on the charge of operating a vessel while a drug is present in saliva. She did not record convictions.
She said it was not suggested Sloan was impaired by the drug at the time of the accident, and noted the THC detected could be explained by the prescribed medical cannabis Sloan said he had taken some days earlier, treatment that was supported by a medical letter tendered by his solicitor Tom Mohun.
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Originally published as Joseph William Sloan, 50, fined for dangerous operation over Bad Fishy boat crash in Trinity Inlet
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