Morell trial: Expert says both vessels responsible in fatal collision

The building that houses the High Court in Road Town, Tortola.

An expert witness called to testify in the High Court case against Andrew Morell has argued that both vessels involved in the boating accident that led to the death of Frandie Martin Jr in October 2021 had a responsibility to prevent the collision.

Morell, who was operating one of the vessels, the Blue Bayou, is currently on trial for manslaughter and causing injury to a person. Morell’s defence argued on July 5 that the Blue Bayou had the right of way at the time of the accident. However, during the High Court trial on July 8, the prosecution called marine surveyor Bill Bailey as an expert witness, and he gave an alternative perspective.

Citing maritime law, Bailey noted that although the Blue Bayou may have had the right of way, it was the responsibility of both vessels to avoid the risk of collision by every available means.

Bailey also cited another important piece of maritime law which effectively states that “every vessel should maintain a proper lookout by sight and hearing as well as available means appropriate such as radar and Automatic Identification System (AIS).” He stated neither vessel had a radar nor was a lookout identified on the ill-fated day.

Bailey explained that he was able to determine the speed the Blue Bayou was going based on its impact on the other vessel, Yeya. He told the court that the Blue Bayou was traveling at approximately 20 knots while the Yeya was moving at approximately 29 knots. Upon impact, the Blue Bayou completely passed over the Yeya as if the Yeya were a ramp, the court heard. Bailey explained that the Blue Bayou would have had to be going at that speed for it to have completely cleared the other vessel as it was much smaller.

The trial continues on July 10 after initially beginning on July 3.

What the court heard happened

The court heard that the Blue Bayou was heading west in waters outside of Prospect Reef, Tortola, on the day in qquestion when the captain reportedly gave the wheel to Morell as he needed to use the bathroom.

Sometime later, the Blue Bayou collided with Yeya, and three persons on board the Yeya sustained severe injuries. Martin Jr., a resident of Fat Hogs Bay, subsequently died from his injuries. The captain of Yeya was identified as Ray Brewley.

Captain Stanton of the Blue Bayou is also facing one charge of failing to render assistance following a collision.

Sandip Patel, KC, represents the prosecution, while Morell is represented by Charles Bott, KC, of Martin Kenney & Co. The presiding judge for this case is Justice Stanley John.

Vessel that killed Frandie Martin Jr had right of way, court hears

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