Vessel carrying Frandie Jr made multiple breaches, says ‘expert’

A maritime consultant testified as an expert defence witness in the manslaughter trial of Andrew Morrell, asserting that the Yeya vessel breached multiple maritime rules in the boating accident that led to the death of Frandie Martin Jr. on October 16, 2021.

The Yeya was the vessel on which Martin Jr was travelling while the Blue Bayou was the vessel Morrell was operating.

Richard DiNapoli, maritime consultant and former shipmaster from New Jersey, provided critical testimony on Tuesday, July 16, in the High Court. He indicated that the Yeya vessel violated six rules under the International Regulations for Preventing Collisions at Sea, based on his recreation of the accident from the evidence presented.

He said the Yeya failed to adhere to the give-way rule, which states that when vessels are approaching each other or overtaking, one has to ‘give way’ to the other to avoid a collision. DiNapoli described this as the most fundamental rule of the sea, and the primary cause of the accident, arguing that the Yeya was on the side required to give way. He also noted other breaches, including failure to maintain a safe speed and a proper lookout, with GPS data showing Yeya traveling at 29 to 30 knots before the collision.

Cross-examination highlights

During cross-examination, the prosecution questioned whether the Blue Bayou, the vessel Morrell was operating, had breached the proper lookout rule. The prosecution argued that neither vessel saw the other coming.

DiNapoli explained that navigation lights guide vessels in the dark. The starboard (right) side should use a green light to proceed, indicating right of way, while the port (left) side should use a red light to yield.

“You can’t breach what you can’t see,” added DiNapoli, noting that passengers on the Blue Bayou, including Morrell, did not see Yeya approaching.

Ray Brewley, the captain of the Yeya, testified that his vessel’s starboard light was on. However, the defence questioned this due to damage sustained in the accident. “We have evidence that the port light on the Blue Bayou was on, but no evidence to prove the starboard light on the Contender (the Yeya) was on,” DiNapoli stated.

Incident details

The court heard that at the time of the fatal crash, the Blue Bayou was on the starboard side when it collided with Yeya. The designated captain, Graham Stanton, along with his wife and children, were aboard the Blue Bayou, heading west outside of Prospect Reef, Tortola. Stanton reportedly handed the wheel to Morrell to use the bathroom shortly before the collision.

The impact resulted in severe injuries to three people on Yeya, and Martin Jr, a resident of Fat Hogs Bay, subsequently died from his injuries.

Ongoing legal proceedings

Captain Stanton faces one charge of failing to render assistance following a collision at the Magistrate’s Court. The defence has concluded its case, and the court will reconvene on July 16 for final addresses from both parties.

Sandip Patel, KC, represents the prosecution, while Charles Bott, KC, of Martin Kenney and Company, represents Morrell.