Shaun Joseph Looby faces court over drowning of Hayden Nance

A tear-jerking account of how family fun on “smooth water” turned deadly for a Queensland teen and landed his boat-driver stepdad in court can be revealed.

Shaun Joseph Looby, 32, pleaded guilty to one count of general obligation on persons involved with operation of ship to operate it safely causing death when he faced Maryborough Magistrates Court on Monday.

A court has heard how a day of fun on the Mary River on Christmas Eve turned to tragedy when a 14-year-old boy drowned in a water-tubing incident while he was not wearing a life jacket.

Shaun Joseph Looby, 32, pleaded guilty to one count of general obligation on persons involved with operation of ship to operate it safely causing death when he faced Maryborough Magistrates Court on Monday.

Police prosecutor Sergeant Sonia Edwards said on December 24, 2023, Hayden Nance, 14, his stepfather Looby and his mother Marissa Looby had taken their boat from Tiaro boat ramp to the stretch of water at Owanyilla, which was classed as “smooth water”.

Looby was licensed at the time and the boat was registered at the time with all the necessary safety equipment on boat, including life jackets.

Hayden Nance with his mum, Marissa Looby.

The ski tube itself had been purchased by Mrs Looby, Sgt Edwards said, and when later examined by police it was found to be in good condition.

The water conditions that day were smooth with little chop or water flow, but water visibility was muddy due to recent rain, Sgt Edwards said.

The court heard it was the first time Hayden had been tubing and he “agreed that he wished to go”.

The vessel was launched about 8.30am and Hayden was given a safety briefing by Looby, Sgt Edwards said, including entering the tube, where to hang on and hand signals.

HAYDEN ADAMANT HE WOULD NOT WEAR LIFE JACKET

When the subject of wearing a life jacket came up, Hayden was adamant that he would not wear a life jacket, stating that he did not have to as he was over 12 years old.

It was decided by Looby and Mrs Looby they were not going “to have a big argument” over wearing the life jacket, Sgt Edwards said.

About 10am to 10.15am Hayden began tubing for a second time, having enjoyed about 10 to 15 minutes in the water earlier in the day.

The boat was travelling about 25km/h, the court heard, while towing the tube and there were no significant turns or doughnuts being done, Sgt Edwards said.

Witnesses said Looby appeared to be driving “very sedately” when towing the tube, Sgt Edwards said, and footage was later provided to police, which had been taken by his mother during his first ride.

During the second ride, Hayden fell out of the tube while the boat was travelling about 25km/h.

Mrs Looby saw Hayden fall out, take a few swimming strokes and then go under water, the court heard.

Hayden fell out of the tube while the boat was travelling about 25km/h. He never resurfaced.

She told her husband and they quickly turned around and went to the location, but Hayden did not resurface.

Looby jumped into the water and swam down but could not find Hayden, with the visibility being near zero.

MUM HYSTERICAL AFTER HAYDEN DID NOT SURFACE

Mrs Looby also jumped in to assist with the search before they got back in the boat to call triple-0.

“Of course his mother was hysterical and she set off a signal flare to try to get another person’s attention,” Sgt Edwards said.

Mrs Looby, who was suffering shock, had to be treated by paramedics.

Divers were called in, who later found Hayden’s body.

An autopsy confirmed the cause of death was drowning.

Sgt Edwards said legislation stated that skiers must wear a life jacket.

She said because a life jacket was not worn by Hayden, it contributed to his drowning.

“A life jacket would have allowed him to stay upright and be located in the water,” Sgt Edwards said.

“It’s still unsure what would have happened then, but he would not have sunk into the river where visibility was low and people could not locate him at the time.

“It’s a situation where all parties have suffered, family members, Mr Looby, and any punishment that the court could place on Mr Looby is not going to change the situation and how he would feel about the situation.”

Maryborough Courthouse, Richmond Street.

Sgt Edwards said it was not a case in which there was any suggestion of deliberate actions with the operation of the ship and it had not been operated dangerously or at an excessive speed.

DEVASTATING IMPACT ON FAMILY

Defence lawyer Andrew Bale said the consequences of the incident had a “very significant and devastating effect on the family”.

Mrs Looby was in court supporting her husband, he said.

In the wake of the tragedy, the two had sold the boat after it was released having been seized by the police, Mr Bale said.

“The last thing they want of course is for the boat to be sitting in the front driveway reminding everyone of what occurred,” he said.

Mr Bale said the family lived at Tiaro and Looby ran his own business working as a plasterer and had long been a contributing member of the community.

Looby had been “fully cooperative” with police every step of the way, Mr Bale said.

Magistrate John Milburn said it was a tragic incident and he needed to consider general deterrence in his sentencing.

Looby was fined $1500 and no conviction was recorded.

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Originally published as Shaun Joseph Looby faces court over drowning of Hayden Nance