A 15-year-old girl died during an “adrenaline-fuelled” speedboat ride when the skipper “failed to pay attention” and drove straight at a metal buoy for 14 seconds before hitting it, a court has heard.
Emily Lewis suffered “unsurvivable” injuries when the rigid inflatable boat (Rib) collided with the 4.5m high buoy at 36.8 knots in Southampton Water at 10.11am on August 22, 2020.
A number of other passengers were seriously injured.
Michael Lawrence, 55, who was driving the boat, has been charged with manslaughter by gross negligence, failing to maintain a proper lookout and failing to proceed at a safe speed.
Michael Howley, 52, the owner of Seadogz, the company which operated the boat trip, is accused of not operating the boat safely.
Christine Agnew KC, prosecuting, told Winchester Crown Court that Emily’s parents, Simon and Nikki Lewis, had decided to take their daughters, Emily, 15, and Amy, 18, for the speedboat ride.
She said: “This was to be a high-thrills ride. Tragically it was both a high-thrills and ultimately an extremely dangerous ride, which ended with the death of Emily, the 15-year-old.
“She died from internal injuries she sustained by being crushed against the metal handle immediately in front of her, when the boat crashed head on into a metal buoy which Michael Lawrence appears not to have seen.
“Perhaps because he wasn’t paying attention and was distracted, or because he was planning to take a sharp turn around it, and because he wasn’t paying close enough attention, he miscalculated the turn.
“In either event the prosecution say that his actions that day fell far below those of a competent skipper.”
Ms Agnew said that two other passengers were thrown into the water by the crash and a number of others were seriously injured.
She said that Lawrence, who took a selfie earlier in the morning on board the boat, initially said that a face mask had blown into his face, blocking his vision, but after mobile phone footage emerged, he changed his account.
Ms Agnew said: “Perhaps he began to appreciate that his explanation about the mask did not provide a credible explanation for why he drove straight at the buoy for as long as he did, at least 10 seconds.”
She said that Lawrence, an “extremely-experienced mariner”, went on to say that he had suffered some form of blackout.
She continued: “Despite his experience, or maybe even because of it, he took risks he should not have done, and failed to observe basic safe practice whilst skippering the Rib, when he alone was responsible for the safety of, and owed a duty of care to, the 11 other people on board.
“It is the Crown’s case that the actions of Michael Lawrence that August afternoon were truly exceptionally bad, grossly negligent and caused the death of Emily.”
Ms Agnew said that the Rib was recorded to travel at speeds of 47.8 knots which is in excess of an expired speed limit of 40 knots (46mph) which she said both defendants believed was still in place.
As part of the ride, which took place in “perfect conditions”, the Stormforce 950 rib crossed the wake of the Red Falcon ferry five times.
It then headed straight towards the North West Netley buoy, which measures 4.69m above the water line.
Ms Agnew said: “From the buoy coming into sight there were 14 seconds until impact. The Rib’s speed was last recorded, before collision, at 36.6 knots.”
She continued: “The North West Netley buoy is a large green metal structure.
“Perhaps not surprisingly, witnesses on the Rib and on the ferry expected the Rib to turn, but some became worried when they realised the Rib was not doing so. The Rib hit the buoy full on.”
Ms Agnew said that after the accident, Lawrence phoned Howley four times, telling him: “Hey mate, I have had an accident, it’s a really bad one.”
She continued: “Amy Lewis broke her arm in the collision and passed out. When she regained consciousness, she saw the handlebar in front of Emily had gone straight into Emily’s stomach.
“Emily was saying she couldn’t breathe, she was scared and her lips were blue.”
Ms Agnew said that Lawrence was seen “walking up and down the boat, not appearing to assist anyone at that stage and stepping over anyone in the way”, and he later said he was in shock.
She said that Emily, with her sister and mother, were taken by another Rib ashore, while her father was taken with six other injured people on a yacht.
At hospital, doctors found that Emily had suffered unsurvivable brain damage and Ms Agnew added: “Her family took the unspeakably difficult decision to turn off Emily’s life support system and she died.”
She said that Mrs Lewis suffered a fractured right wrist and her husband suffered a strained right knee and wrist and a chest injury.
Ms Agnew said that Howley faced a lesser charge of failing to ensure the safe operation of the Rib by not having policies and procedures in place to ensure the safety of the passengers.
She said: “The boat ride was described by Seadogz marketing as an “adrenaline-fuelled” ride of 60 minutes duration.
“It would involve ‘speed’ and ‘some of the signature tight turns, jumps and wake rides that Seadogz have become known for’.”
Ms Agnew said that Lawrence had provided a safety briefing ahead of the ride but said passengers felt it was more concerned with Covid restrictions than what to do in the circumstances of an accident.
She said that Emily’s mother had described it as “wishy-washy and light-hearted” although Mr Lewis felt it was “professionally done”.
Karim Khalil KC, representing Lawrence, a former RNLI lifeboatman, told the jury: “He did, in so far as he was able, keep a proper lookout and he did not travel at an improper speed.”
Mr Khalil said that his client at first thought that his face mask had been blown up, blocking his sight.
He now dismisses that and now believes he had some form of “cognitive defect” that caused him to temporarily lose his vision, Mr Khalil said.
He added that Lawrence had been in shock and suffering PTSD after the accident, and added: “He is a genuinely decent man who has been doing his best to explain and understand how this happened.”
James Newton-Price KC, representing Howley, also a former lifeboatman, said that his client “did what he reasonably could” to ensure the safety of those using his two Ribs.
He said: “The two Ribs were made by high quality manufacturers, he invested a lot of money in them, they were regularly serviced and well-maintained.
“He also ensured the people he employed, many of them lifeboat crew, were good seamen, he paid for and employed trustworthy and reliable skippers.”
Lawrence, of Blackfield, New Forest, Hampshire, and Howley, of Hordle, New Forest, deny the charges and the trial continues.
