Lance Goodhew. Photo: RNZ / Peter de Graaf
The skipper involved in a boating tragedy that claimed five lives off North Cape two years ago made a series of decisions that increased the risk of the vessel being hit by a large wave, a Northland court has heard.
Far North man Lance Goodhew is on trial for allegedly breaching his duties as skipper of the Enchanter and putting individuals at risk of serious harm or death.
The charter fishing boat was returning from what was described in court as a five-day "trip of a lifetime" to the Three Kings Islands, about 60 kilometres north of Cape Rēinga, when it was struck by a massive wave on the evening of 20 March 2022.
The impact, off North Cape's Murimotu Island, capsized the vessel and ripped off its flybridge and cabin, throwing the two crew and eight passengers into the water.
Nine survived the capsize and five of those were winched from the wreckage by the Northland Electricity Rescue Helicopter.
The other four, however, died before they could be rescued.
The judge-alone trial began in Whangārei District Court on Monday morning.
Maritime New Zealand prosecutor Sam McMullan. Photo: RNZ / Peter de Graaf
In his opening address, Maritime New Zealand prosecutor Sam McMullan told the court a reasonably careful mariner would not have left the Three Kings Islands given the sea state and weather conditions at that time - and once he approached North Cape, he would not have travelled so close to shore, beam-on to the waves, or in poor light.
Those factors made the risk of encountering a large wave more likely, the vessel less likely to withstand it, and the skipper less able to see the oncoming wave, McMullan said.
Although the worst of the weather had passed when the Enchanter left the Three Kings, McMullan said a reasonably careful mariner would consider that a front's effects on the sea could persist for some time afterwards.
Defence counsel Fletcher Pilditch KC, however, said the requirement to take reasonable care did not mean a skipper had to foresee or predict every possible risk, however remote.
Pilditch said Goodhew had checked the conditions frequently, before and during the trip, and had all the weather information available to mariners.
Unlike Maritime New Zealand, he did not have all the information available to scientists at a later point in time.
Pilditch said the prosecution would need to prove, beyond reasonable doubt, that no responsible skipper would have left the Three Kings Islands that day.
McMullan said it was only luck, or "an act of God", that the men were able to raise the alarm.
They had been in the water for up to 15 minutes when Goodhew saw the vessel's Epirb distress beacon float past.
It had not activated automatically as it was designed to, but deckhand Kobe O'Neill managed to get it working.
O'Neill, of Whangārei, now aged 22, was the first witness to be called on Monday.
He was cross-examined about who made decisions on board the Enchanter relating to weather, about the conditions when they left the Princes group of islands at the Three Kings, and about the route taken around North Cape.
O'Neill said the wind had eased and the swell was 1.5-2 metres when the Enchanter left the Three Kings.
On the way back to North Cape they were "punching through pretty lumpy swells" with a wind of about 20 knots, but conditions gradually improved.
Defence counsel Fletcher Pilditch KC. Photo: RNZ / Peter de Graaf
Originally, Goodhew faced one charge and his company, L and M Goodhew Ltd, faced two - one of exposing individuals to the risk of death or serious injury, and one of operating a ship without personnel holding the required medical qualifications.
However, as the trial got underway, McMullan said Maritime New Zealand would not be presenting evidence on the two charges against the company.
Those charges were then dismissed by Judge Philip Rzepecky.
The maximum penalty for the remaining charge was a fine of $150,000.
The trial is expected to take three weeks.
Two passengers, Peter Ward and Jayde Cook, and Maritime New Zealand investigator Tracy Phillips are due to give evidence on Tuesday.
Judge Rzepecky opened the trial by acknowledging those who had lost their lives, the survivors and what they had endured, as well as family members who had travelled to Whangārei for the trial or were listening in remotely.
The men who died were Geoffrey Allen, 72, Michael Lovett, 72, Richard Bright, 63, and Mark Walker, 41, all from Cambridge, and Mark Sanders, 43, from Te Awamutu.
Normally a court case relating to an incident at North Cape would be held in Kaitāia District Court.
However, because Kaitāia has only one court room, Judge Rzepecky said that would lead to inordinate delays both to the Enchanter trial and other business in the Kaitāia court.
Judge Philip Rzepecky. Photo: RNZ / Peter de Graaf