Yacht captain walks free in fatal VG boating collision case
South African Lesley Joubert after being was found not guilty on Thursday, June 11. (BVI News photo)
A High Court jury has found South African yacht captain Lesley Joubert not guilty of all charges arising from a fatal boat collision near Saba Rock on Virgin Gorda that claimed the life of charter captain Stephen Cross Jr in November 2024.
After more than three hours of deliberations on Thursday, jurors unanimously acquitted Joubert of manslaughter, committing a reckless and negligent act, and failing to render assistance following the collision.
The case stemmed from a nighttime boating accident in the channel between Saba Rock and Bitter End Yacht Club on November 22, 2024. Cross Jr was operating a dinghy carrying six passengers to dinner when it was struck by a larger rigid inflatable boat (RIB) operated by Joubert, who was employed aboard the superyacht Eau La La.
Cross later died from injuries sustained in the collision.
In closing arguments, prosecutors contended that Joubert was travelling at an unsafe speed through the channel at night while rushing to collect guests from Necker Island. The Crown argued that his speed prevented him from maintaining a proper lookout and was a major contributing factor in the collision.
Prosecutors also relied on evidence from marine surveyor William Bailey, who testified that 15 knots at night was not a safe speed and that lower speeds could have reduced the severity of the injuries.
However, the defence, led by attorney Stephen Daniels of Capital Law, argued that the collision was caused by the dinghy’s lack of compliant navigation lights rather than Joubert’s speed. Daniels repeatedly told jurors that “sight by night is by light”, arguing that Joubert could not reasonably have been expected to see an unlit vessel crossing the channel on a dark, moonless night. He also pointed to expert evidence suggesting the dinghy had entered the path of the tender and that the absence of proper lighting impaired Joubert’s ability to avoid the collision.
Following the not-guilty verdict, attorney Daniels expressed sympathy to Cross’s family on behalf of Joubert and the vessel’s owners, describing the death as a tragedy while noting that justice required a balanced assessment of the evidence.
Justice Akilah Anderson then formally discharged Joubert, telling him he was free to go.
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PAYS TO BE WHITEEEE….. I SAID WHAT I SAID #KING LAWS
Not true. There are many locals walking free for the same crime.
I agree many locals walking free for murder in boat accidents we lack marine laws in the BVI it’s always said it’s who yuh know a man and his girl walking free for murder of 2 persons and nothing is yet to come out of it make an example of someone a young man died from results of speed in a boat nothing came out of it because of who the captain parents is but time longer
https://www.virginislandsnewsonline.com/en/news/update-body-of-missing-female-reportedly-found-near-boat-accident-site
A travesty.
Another one for the books of Tiffany long losing history.
When my tax money pay her for retirement she laugh all the way to the bank with that track record she got there
The evidence be given to the jurors and YET they still be giving a no guilty verdict ALLL BECAUSE THEY DISLIKE THE DPP.
Tortola full of stupid ppl
The Dpp is very vindictive and engaging in using her office to go after persons she does not like, but God will punish her
Smh. The jury system does NOT work. We need to get rid of it. How many murderers, rapists, and other criminals are walking free because of it? Jurors are ordinary people with no legal training who are often asked to evaluate complex evidence, expert testimony, and legal standards they may not fully understand. How can people with no expertise in fields like forensics, medicine, psychology, or ballistics be expected to accurately determine whether someone is guilty or not? Their decisions can be influenced by personal biases, emotions, media coverage, and dominant personalities in the jury room. Different juries can hear similar cases and reach completely different verdicts, and there is little accountability for how those decisions are made. The result is a system that can produce wrongful convictions, wrongful acquittals, and inconsistent outcomes that leave both victims and the accused at the mercy of chance.
So mo negligence in this case? Wow.
It’s unbelievable. Regardless of the lights, if he were doing a safe speed in the DARK in that incredibly busy area known to have unlit dinghies…..he would have had time to react like a responsible mariner. He should never be allowed to work on the water again.
There was negligence, by the guy on the dingy with no navigation lights
Traveling at 15 knots in a narrow area between anchorages is also negligent, day or night.
The deceased captain DID have a navigation light; he had a light mounted on his engine that the defendant “apparently” didn’t see.
However, the case was determined by law -it was argued that he didn’t have a light required by a 1940 BVI marine law (i.e. having a light on a pole – and NO DINGHY currently does this!), so this is why the defendant got off Scott free…..
The main reason this accident happened was that someone was on an unlit boat on a dark night, essentially invisible. Fifteen knots is not a reckless speed. I think the jury made the right decision.
Fifteen knots… in the dark… in a known high traffic area…. with unlit dinghies headed in for dinner between bitter end and Saba Rock…. is NOT a safe speed whatsoever. That would be 25ft per second
I attended the trial, and the Stephen’s dinghy did have a light, although—as seems common with many charter yachts in the BVI—it was not fully compliant with COLREG requirements. The tender’s lighting was also non-compliant. However, regardless of these deficiencies, the excessive speed of the tender was a critical factor.
COLREG Rule 6 requires that a safe speed be maintained at all times so that proper and effective action can be taken to avoid a collision, and so vessels can be stopped within an appropriate distance given the prevailing conditions. Had the tender been operating at a safe speed, both vessels would likely have had sufficient time to take evasive action, or at minimum the severity of the impact and resulting injuries could have been significantly reduced. So I’m not sure why this was not weighed upon more heavily.
A fatality occurred, and there should have been accountability for the excessive speed involved—particularly given that the operator, Joubert was a licensed captain and held the position of First Safety Officer aboard Eau La La. He knew better.
This is personal for me, as it has deeply affected people I love. At the same time, I share this not only from that place, but because I don’t want another family to experience the same kind of loss. More meaningful accountability and stronger emphasis on safe operation are needed so this doesn’t repeat itself.
More importantly, something lasting needs to come from this tragedy. Accountability matters. Safe speed matters. Boater safety education matters. If this case serves as a reminder to slow down, stay vigilant, and operate vessels responsibly, perhaps future lives can be saved. Organizations such as slowoispro.org continue to raise awareness that arriving a few minutes sooner is never worth risking a life.
Had the dinghy been adequately lit then the tender would have seen it. Perhaps what can come of this is pressure on charter companies and private yachts to put a steaming light on a pole where it is more visible. Another point is that yes indeed vessels are required to travel at ‘safe’ speeds but vessels are also required to avoid collisions. Safe speed is relative. Avoiding a larger vessel that is bearing down on you is common sense.
That said, I am sorry for the trauma experienced by yourself and those close to you. Truly.
See another comment that he DIDS have a navigation light, but it didn’t comply with the 1940 marine law that navigation lights should be mounted on a pole…. NOBODY adheres to that old law, so the law must be changed!
Before the British the U.S. bought the Virgin Islands. This was the Danish West Indies. These so-called “South Africans are Danish (Dutchmen). They are filthy wicked people. Why the f**k would you let them in this country and set up shop? It is these devils who enslaved our ancestors in this part of the world. They’re the lowest of the low. Even Denmark doesn’t want them back.
Danes come from Denmark, Dutchmen come from the Netherlands. They are not the same country.
South African Afrikaners who seem to be the target of Pssh’s prejudice are predominantly of Dutch and French descent, albeit from the 17th century.
What the Actual F***
> “South Africans are Danish (Dutchmen). They are … people.”
You are not only RACIST but clearly also STUPID.
South Africans are Danish and at the same time Dutch? You must have been dropped on your head by your fat mamma..
Cannot read, write and only s**t themselves
Psss seems to be in the wrong country, and his/her history is twisted. Neither DENMARK OR USA ever owned these islands.
Two wrongs don’t make a right he should have been charged for operating at 15 knots in an area like that. Marine surveyor William Bailey, who testified that 15 knots at night was not a safe speed and that lower speeds, could have reduced the severity of the injuries. In the pass I have told a lot of these guys it’s unsafe to operate at night without lights.
Had Joubert being going at 5 knots, very likely Cross would have not been in the way, and there would not have been a collision in the first place.
Had he been doing 5 kts and not seen the dinghy with no adequate running lights, there would still be a collision. He could do 1 kt and there would be a collision. The dinghy did not evade collision and did not have proper lighting.
Why is he not in Court for going too fast? That does not seem to have been in dispute. Even if the other dinghy to blame for not showing lights. He still going too fast like idiots every day going too fast and showing no lights.
Did any of you guys actually read the article before commenting? Sad that a life was lost but slow or fast how do you avoid a collision on the water at night if a vessel does NOT have sufficient lighting as required by maritime law? Remove the wmotions and it is clear why the case went the way it did.
Indeed, Mr. Cross may not have had lights on, but IMHO Joubert was negligent by traveling at 25 feet per second (or 300 yards per minute) in the dark between two designated and known mooring areas at a time when there would have been a reasonable expectation of dinghy traffic. How could he have possibly been able to keep a proper lookout as required by ColRegs? Moreover, traveling at that speed would not have given Mr. Cross much time at all to take evasive action. Think about it, you see a boat 75 yards away coming towards you in the dark and it’s on top of you in 15 seconds. That is why the guideline (law) in to limit speed to 5 knots in anchorages. Joubert should have known this. Moreover, how much time would he have lost in prudently transiting through the channel at 5 knots. No more than 2 or 3 mins.
As a professional mariner, Mr. Joubert would have surely been aware that many dinghies traveling in and around moorages and anchorages at night don’t always carry lights, and therefore should have exercised prudence when transiting through that channel.
To out the culpability on Mr. Jones and let Joubert off seems a travesty of justice, and just looks like “it was the other guy”. The collision never would have happened if Joubert had slowed down as proper seamanship dictates.
A) How does this man walk away with not one charge? Aside from killing someone, he was in fact speeding.
B) BVIs needs proper emergency staff, equipment and protocols in place so that no one should have to wait 6 or more hours and end up dying because the islands are ill equipped.
Not the first time, not the last time this will happen.
Shame on this jury. May Joubert lose sleep every night for the rest of his life.
Don’t worry, Granny always said you ain’t pay today, you’ll pay someday. If a person kill another person accidently or wilfully, they cannot live peacefully knowing that. Its going to eat away at their core and eventually, they will not be able to look themselves in the mirror or continue living life as they did before. Its an unfortunate incident where both the Victim and the Accused are at fault; one for traversing the Ocean at Night having the Navigational Lights unlit whilst the other was seemingly in a hurry to get from point A to point B at such unnecessary speeds, as indicated in this Article. The lives of both the Victim and the Accused are no longer the same as before. One is dead whilst the other will be dead inside. The Accused might no longer be able to operate his Marine life as before. He might cautiously move through life, ensuring that he crosses all his ‘Ts’ and dot all ‘Is’. He might replay that Night during dreamtime and also ask himself, why he left the scene without rendering assistance, as indicated in the Article. Is it because he was afraid or was he in so much shock as to what happened, his brain refused to allow his body to move? Or did he experience a previous tragedy that caused him to descend into a deep traumatic shock that lock his senses? Only time will tell, how the accused will move on with his life because somebody dying partially due to your actions can never just cease in your memory because of being found not guilty. Your conscience will always be there to remind you. I wish the Victim’s family, the Accused and his family all the best in their future endeavours. Take each day, one step at a time, forgive and make sure to focus on Jesus, because only He can help us to move on and heal. God bless y’all.
When attending the trial last month, one day I took a ferry to The Bitter End Yacht Club and Saba Rock to see the scene of the accident.
While there I took pictures of all of the dinghies tied up at the marinas, fifteen in total, and not one had a pole light or were carrying life Jackets.
In my opinion, this result was not correct and should be overturned.
My mission for the rest of my life will be to help prevent this from happening ever again.
Oh, by the way, Joubet was a First Officer on Eu La La, not a “Yacht Captain”. The yachts website promoted “safe boating”, what a joke
Remember, Speed Kills and you can stop a car but not a boat.
Sleep tight Mr. Joubert
We were at the trial. We heard testimony of his guests on board that night that his 360 solar light on his dingy was on, ( almost all 12 ft dingys have this same lighting currently). Witnesses on saba rock testified his light was on. He was struck by a speeding boat and killed. Lost his life because of the defendant. We lost our son, brother, uncle, fiancé, and best friend to all. No justice was served. Please help us make new safety regulations in his honor by visiting http://www.slowispro.org
Stephen loved these islands with his whole heart, he was an inspiration and light to many. We will miss every second of every day.
Where was the light located?
If it was on the engine cover then it was just for show.
If it was raised on a pole then you have an argument.
Look at that guys face; does he look like he cares?
Do not come back Lesley. You are not welcome. Ever.
Get off the water. You are not worthy of the sea.
Daniels defending the indefensible, again.
i was saddened when this story broke and also by this verdict. this reckless behaviour will not change when there is no enforcement and don’t result in no criminal consequences. There has been numerous incidents like this which resulted in loss of life, what message does this signal to the privileged crew and guests that cruises our territory as its only for them.
Let us stop being emotional for a little bit. Read the article. Do you see what the defense argument was? The victims vessel had no proper lighting. Speed or no Speed, how do you avoid something that you cannot see? Where is the corruption when a jury acquitted this man? Please stop playing the race card or corruption card in this case. This is about boating regulations and enforcement. Proper safely measures or a lack thereof. It is sad that someone died but usually this is the only way things get fixed in bvi. Let us see if anything changes.
I attended the trial, and the Stephen’s dinghy did indeed have a light, although—as seems common with many charter yachts in the BVI—it was not fully compliant with COLREG requirements. The tender’s lighting was also non-compliant. However, regardless of these deficiencies, the excessive speed of the tender was a critical factor.
COLREG Rule 6 requires that a safe speed be maintained at all times so that proper and effective action can be taken to avoid a collision, and so vessels can be stopped within an appropriate distance given the prevailing conditions. Had the tender been operating at a safe speed, both vessels would likely have had sufficient time to see each other and take evasive action, or at minimum the severity of the impact and resulting injuries could have been significantly reduced.
A fatality occurred, and there should have been accountability for the excessive speed involved—particularly given that Lesley was a licensed captain and held the position of First Safety Officer aboard Eau La La. He knows better.
This is personal for me, as it has deeply affected people I love. At the same time, I share this not only from that place, but because I don’t want another family to experience the same kind of loss. More meaningful accountability and stronger emphasis on safe operation are needed so this doesn’t repeat itself.
More importantly, something lasting needs to come from this tragedy. Accountability matters. Safe speed matters. Boater safety education matters. If this case serves as a reminder to slow down, stay vigilant, and operate vessels responsibly, perhaps future lives can be saved. Organizations such as slowispro.org continue to raise awareness that arriving a few minutes sooner is never worth risking a life.
School children say some of the jurors were from VG, so what do yoh expect? … But not my business to mind.
What exactly do you mean about some of jurors being from VG? Why would that make any difference? If anything, you’d think they might have been biased towards the victim. Not the first time someone’s been killed in North Sound in a nightime boating accident.