The horrific moment a tour boat crashed into a cliff face at Horizontal Falls in the Kimberley, seriously injuring 12 passengers on board, has been played to a Perth court as the skipper and tour company are sentenced over the incident.
Edward Whisson was the master of Falls Express, a tour boat with 25 passengers on board in May 2022, when it hit rocks at the popular tourist destination.
The Falls Express crashed into rocks, injuring 12 passengers, in May 2022.Credit: File photo/Supplied
It had been driving at high speeds through a narrow 7.5-metre gap as part of a regular tourist experience in WA’s remote Kimberley. Charges were also laid against Journey Beyond Adventures, trading as Horizontal Falls Seaplane Adventures, which operated the boat tour.
On Friday, victim impact statements were read to the court ahead of the sentencing of both Whisson and Journey Beyond, with one passenger detailing how she thought she was going to die as the boat hurtled towards rocks.
“I was looking forward to a wonderful experience, but what happened was far from that,” Christine Birch said in a statement read out on her behalf.
Birch detailed how she was in her seat one minute, and the next found herself lying on the floor of the boat with a seat that had collapsed on top of her.
She called for her husband to pull her out and prop her up against the side of the boat, where she sat for two hours as they waited for help.
During this time, Birch’s leg was so severely broken the bone protruded through her skin.
She was flown via the Royal Flying Doctor Service to Perth where she underwent emergency surgery, including having plates and screws inserted into her leg.
Birch had to learn how to walk again and underwent years of regular physiotherapy and ongoing treatments which impacted her life.
“My time was consumed with medical appointments,” she said.
“Progress was slow. Mentally, too, I struggled, recalling the crash daily. Walking is still difficult for me. I no longer find as much enjoyment in things I once loved.”
Footage of the crash was shown to Perth Magistrates Court during Friday’s hearing, including the moments leading up to the impact, where passengers could be seen enjoying the boat traversing the natural phenomenon at high speed.
Confronting footage from the vantage point of a camera built onto the top of the vessel captured the moment the boat hit the rocks head-on at high speed.
Lawyers representing Whisson told the magistrate their client was “a safety-conscious, hard-working skipper” with significant experience that made him “over-qualified” for the job of navigating a boat such as the Falls Express.
Whisson pleaded guilty to two charges over the crash, but claimed he took the gap at the wrong angle and recognised too late that an impact was inevitable.
“You can see the speed is the same as the other approaches,” his lawyer told the court.
“He has approached it from the wrong angle, in a split second he thought maybe he could get out of this. But for his skill and experience, that accident could have been worse and as bad as it was, it became clear to him that the collision was inevitable, and he does what he can to minimise damage.”
The court heard the skipper no longer worked in the tourism industry and instead has taken a job driving commercial vessels as a result of the incident.
Last year, the state government announced the phasing out of tourists being allowed to pass through the gap at Horizontal Falls, stating it was for cultural reasons.
However, on Friday Whisson’s lawyers also argued the 2022 crash was influential in that decision.
The hearing continues.
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