Lance Goodhew of Coopers Beach, faced accusations of failing his responsibilities as a skipper, directly linked to the deaths of five men on his boat.
Today the 59-year-old was in tears as he hugged his counsel and thanked them for their work after the verdict was delivered.
None of the victim’s families were present.
The men had spent three days fishing at the Three Kings Islands before heading south to North Cape, where a 10-metre rogue wave capsized their boat on March 20, 2022.
On the day of departure, MetService issued a gale warning predicting rough seas, strong winds and poor visibility. However, Goodhew relied on the PredictWind app, which was criticised during the trial for its infrequent 12-hourly updates.
The trial brought by Maritime New Zealand lasted for four weeks before Judge Philip Rzepecky at the Whangārei District Court.
Judge Rzepecky began by acknowledging the ordeal both survivors and families of the victims had been through.
“The significant impact of the loss has been evident throughout proceedings and I acknowledge the families struggling with the terrible loss.
“I also acknowledge Goodhew and the survivors and it was a substantial hearing that required strength at the time”.
Judge Rzepecky summarised his findings based on both sides of evidence that was presented by Maritime New Zealand and Goodhew’s lawyer Fletcher Pilditch KC.
Maritime New Zealand (MNZ) argued the sea conditions were too dangerous for Goodhew to navigate because a significant weather front had passed through overnight.
Sam McMullan presented MNZ’s case calling survivors, local fishermen and weather experts to testify.
His argument focused on two critical points: the decision to leave the Three Kings and how Goodhew travelled around North Cape too close to the shore.
As the four-week trial progressed, weather experts gave evidence about the state of the sea around North Cape. They claimed rogue waves could occur anywhere, anytime and at any sea level.
McMullan said Goodhew had a vast knowledge of seafaring and access to multiple sources of information but chose to risk leaving the Three Kings when he should have stayed put.
Pilditch reflected on his cross-examination of experienced master mariner Bryan O’Kane, who relayed the base of the defence case in a few words.
“It’s the nature of the industry ... You get caught out absolutely because, at a level, you can’t tame the ocean. It’s not always predictable,” Pilditch recalled O’Kane saying.
The nature of the sea was a core element that could not be overlooked in the tragic outcome, Pilditch said.
“No one can control and influence the sea. It is unpredictable.”
Judge Rzepecky decided he could not be certain Goodhew could have predicted a rogue wave would appear, evidence he believed was clear through the trial.
“Based on observations and scientific evidence, I cannot be sure the presence of a wave was reasonably foreseeable and after considering all the evidence I cannot be sure that a reasonably careful mariner should have decided to stay.
“I’m not satisfied the prosecution has proven its case in respect to the single charge. I therefore find him not guilty and the charge is dismissed,” Judge Rzepecky said.
