Morrell acquitted of manslaughter in boating accident case
Andrew Morrell has been acquitted of gross negligence manslaughter for the boating accident that resulted in the death of Frandie Martin Jr on October 16, 2021.
After about a two-hour deliberation, the jury returned a not guilty verdict in the High Court on Thursday, July 18.
Morrell expressed relief and confidence in his legal team following the verdict. “I was extremely confident about the verdict and it was clear that the other boat was the cause of the accident. The real cause of the accident had nothing to do with our boat,” Morrell told BVI News after the trial.
Morrell described the emotional and financial toll the ordeal had taken on him and said he now wants to get back to his life.
Morrell had also faced three counts of causing injury to a person while on board a vessel, but those charges were dropped following a successful no-case submission by his attorney, Charles Bott, KC, of Martin Kenney and Company.
What happened
The court heard that at the time of the fatal crash, the Blue Bayou (the vessel which Morrell was operating) was on the starboard side when it collided with the other vessel, Yeya (the vessel on which Martin Jr was travelling). The designated captain of the Blue Bayou, Graham Stanton, along with his wife and children, were also aboard.
They were heading west in waters outside of Prospect Reef, Tortola, when the captain reportedly gave the wheel to Morrell 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.
Captain Stanton of the Blue Bayou is facing one charge of failing to render assistance following a collision.
The trial, which began on July 3, saw Sandip Patel, KC, appointed to the Legal Services panel for the Government of the Virgin Islands, representing the prosecution. Justice Stanley John presided over the case.
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son of the soil gone just like that…gone but never forgotten
The decision to prosecute this matter was extraordinarily bad – Mr Morrell’s boat had the right of way and the driver of the other boat should have been prosecuted (but he was local).
The DPP should be hanging her head in shame again – a basic understanding of the law and the rules of navigation should have finished this prosecution before it was commenced. The DPP brought in an English KC at the last minute and ignored his very strong advice that the prosecution should be dismissed. Three of the four charges were dismissed at the end of the prosecution case (yet another case where the DPP failed before the Defendant even begins his defence) and the fourth was tossed by the jury after a very short deliberation (which included a break for food and drinks).
What has to happen before the DPP is fired. She is a complete and utter disgrace.
How much did the DPP pay Bill Bailey for his ‘expert’ evidence. Even the jury realised that the primary fault lay with the driver of the boat that Franco’s was driving, and that if he was not charged with any crime, there was no way it could have been Mr Morrell’s fault. I will not be pushing any more work Bill Bailey’s way based on his evidence!
So true, the fact that he said it was Morrells boat at fault is further proof of this insane cover up, I thought he was a well respected maritime expert?
Bailey is consumed by prejudice and his own ego. There are better experts here.
Don’t forget that the DPP won one case yesterday,
Is that you Tiffany?
@ WOW, I get your joke, BUT if that lady did not identify her attacker before she died, it would be another unsolved murder or a not guilty verdict.
Tiffany really needs to go. The entire Department is in chaos. The lawyers can’t deal with her * and they are packing up and leaving one by one. What will it take for action to be taken to remove this *-headed woman?
I knew that * would of gotten offbut he have a conscience and it will haunt the h**l out of him , sleepness nights
A * De**l having sleepless nights for a killing a * man? LOLOLOLOLOLOLOLOL keep dreaming. Those people can’t spell EMPATHY or COMPASSION.
The legal system prevails. It is good to see the the truth come out finally.
Another famous result for the DPP. When will she learn.
This should have never got to court. Frandy was a good man and is sadly missed by people of the territory.
… but he was killed by the black driver of the boat he was on and not by the white driver of the other boat. Why, if not because of his colour, was Morrell ever prosecuted.
Please please pleas let’s fire the DPP.
And will the black driver be prosecuted now it has been proven he was at fault?
Faith in the judicial system once again. The “DPP – Dim Pointless Prancer”.
Glad to see the correct decision and justice prevail.
… two justice system
The manslaughter case was a hard one to prove based on maritime laws. …
No justice was served; he should be held accountable for that!! The Gov should have also been arrested as he knew he was * and covered it up; then again the $$ and the color of his skin surely played a part.
Does the D in DPP stand for the defence? Because she manages to do that pretty well. I thought she was meant to be on the prosecution. Another famous victory for her.
Justice served for Andy.
Justice prevails. But this case should have never been brought against Morrell. Capt of Frandies boat was to blame.
Perhaps the DPP should have spent a little more time learning maritime law and The International Regulations for the Prevention of Collision at Sea before bringing a case.
She is too thick
A tragic accident, and loss of life, but with one boat clearly breaking the Colregs…..and because this was not seized upon by the authorities at the outset, Morrell has been put through two years of purgatory.
The question is… will the other captain ever be prosecuted? His initial statement as printed in the BVI Beacon stated he was stationary in the water at the time of impact. All now proven as lies. He was speeding and broken many many maritime laws. Yet he walks free. Who is this woman that causes all this agony, all this pain, for no reason? Your DPP. And also, still no Justuce for Frandie. Shameful.
…the pressure brought to prosecute by friend of the YEYA captain and expert in the criminal justice system, our former Premier
Still wondering why Frandie was out at sea that hour…So sad but God knows.
The captain of the YEYA should now be charged with gross negligent manslaughter. Maybe the DPP could win that case now!
Why does the defendant have to pay his legal bills in a situation like this where he is found not-guilty in under an hour after having sacrificed years of his life to such wrongful prosecution. Shouldn’t the prosecutor be held responsible?
The maritime “experts” guiding the prosecutor are at fault here. It is plain to see that their advice should have been not to push this trial if it was objective and impartial. Too many of these experts believe supporting their client’s narrative is their purpose. An expert with integrity would give the same advice regardless of who pays their fees.
…Is B!ll B#!ley. He’s useless.
An accident and one party drove off leaving 3 people to suffer…Well meh boy! ONLY IN THE BVI
Rest in peace my Friend. known you for 30+ years. You’ll never be forgotten
I know death is inevitable,but I am still shocked when your name is mentioned in the same sentence with the word Death!!
The defence did a brilliant job here. The case was flawed from start to finish. Neither the DPP nor the police come out of this with any credibility. Also, hats off to the jury for putting any perceived racial bias to one side and arriving at a fair and just decision. This was a tragedy, nothing more and nothing less. None of this was deliberate, those in either boat did not deliberately ram each other, it was not a game of thicken, careless yes, reckless no. Both crews will live with this for the rest of their lives, and a good person died as a result.
Yes they will live with it for life and have lived with a greater stress of this trial for two years. That must of been horrific for the defendant and family. It was clear that this should have never been put to trial, well done DPP.
I pray that the defendant and family of Frandy may get some peace as God allows the sun to rise.
Friend, Frandy Rest in Peace.
This was a tragedy from start to finish. Shame Mr Morrell was chosen to be the victem. Wn unjustfied and wicked move by the DPP. Morrell, a longtime member of our community scapegoated by his “friends” who, as the evidence revealed, refused to go back to even look at the stricken vessel, nor call for help. Mr Stanton- you come out of this looking the worst. Lets hope justice is served when your trial continues.
frandie was a son of the soil, but justice served is bigger than that, today its morel tomorrow it might be you.
How could he be convicted if the blood alcohol test results went missing??? How?????
Over 30 years ago, a boating accident occurred at Prickly Pear,the investigator charged MIT of VG and recommended that the dinghy operator who by then had left the territory be returned and charged too because he contributed to the death of a young American female on the dinghy. The judge rightly instructed the jury to dismiss the case, because the dinghy operator should have been prosecuted as well.
Police familiarize yourself with the laws of the sea and ease the task of the AG.
Wonder why the yellow site isn’t covering it! They normally all about the racial divides.
The government would rather lose every high profile and just about every other case than fire one of their own. Also, one has to know when one is not capable of doing their job and gracefully bow out.
For those that can’t wait for this country to be independent, this is a prime example of what you have to look forward to! Nothing will work because people are too ignorant and self-centered to know when they are the wrong person for a job and there will be a bunch of incompetent people in vital positions bringing this country nowhere!