Fisho sues barge company for PTSD caused by crash after last ditch criminal charge bid fails

A FISHO left with post-traumatic stress disorder after a barge ploughed into his boat off the coast of Darwin is suing the vessel’s owner

Fisho Dale Marshall is suing the owner of the barge that struck his boat in 2016, leaving him with PTSD

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A FISHO left with post-traumatic stress disorder after a barge ploughed into his boat off the coast of Darwin is suing the vessel’s owner for medical expenses, lost earnings and permanent impairment.

Dale Marshall and his wife Bronwyn took Shorebarge Pty Ltd to court after last-ditch criminal proceedings were withdrawn in late 2019 following the 2016 crash which left Mr Marshall and three other men stranded in shark-infested waters.

Earlier this year the NT News reported botched maritime safety legislation meant anyone who collided with another vessel in Australian waters could not be prosecuted and charges against the company were subsequently withdrawn by federal prosecutors.

Documents lodged with the Darwin Local Court and obtained by the NT News reveal the Marshalls are now seeking damages after they say the barge’s captain drove into their stationary boat.

The statement of claim alleges the captain failed to keep the barge under proper control, failed to promptly steer away from them and operated the vessel without due care or attention, leaving Shorebarge vicariously liable.

The document, penned by the Marshalls’ solicitor Bill Piper, shows the couple are seeking damages for counselling and medication, diminution of earnings during an 18-month period and “permanent impairment” as a result of Mr Marshall’s PTSD.

The size of the payout sought is not specified in the statement of claim but the couple are also seeking replacement of the boat’s Yanmar four-cylinder turbo diesel engine at a value of $46,853.40, plus damages, interest and costs.

In April, a senate committee conducting an inquiry into the performance of the Australian Maritime Safety Authority excoriated the statutory body as utterly incapable of regulating Australian waters and marine operators.

“You haven’t even got to first base as a safety body,” Senator Glenn Sterle told the committee.

“People are dying and it looks to me like no one is being held accountable. And worse, no one thinks it’s a problem that should be fixed.”

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Under Australian maritime law, if a ship collided with another and was found at fault, there was no legal grounds for punishment from July 1, 2013 until December 2018, when AMSA quietly rushed to amend the legislation.

AMSA has denied responsibility for the faults in the Navigation Act.