A drunk ferry pilot who crashed a brand new fast ferry into a dock was yesterday fined $2,000 — but the Department of Public Prosecutions said it would appeal the sentence and request a custodial sentence.

It remains unclear if ferry pilot Dwayne Pearman, who was two-and-a-half times over the legal maritime limit when he crashed the newly christened J.L. Cecil Smith fast ferry on December 21, 2007, continues to pilot the ferries.

He appeared at Magistrates' Court yesterday for sentencing after pleading guilty at an earlier hearing.

The Minister responsible for Transportation, Premier Dr. Ewart Brown, refused to comment on the situation or to reassure the public that steps had been put in place to ensure a similar incident does not happen again.

However, Director of Marine and Ports Francis Richardson said ferry employees were prohibited from drinking alcohol while on duty.

He added: "With the court proceedings concluded, our department is now in a position to complete our standard Accident and Incident Investigation procedure.

"Based on the information obtained from our investigation which included interviews and signed statements from crew members that were assigned to the vessel at the time of the incident, our department will convene an internal disciplinary meeting to address the pilot's conduct. This meeting is scheduled for later this month."

It is not known if Pearman is currently suspended from duties and when asked Mr. Richardson explained: "Any developments regarding the suspension or revocation of the pilot's license will be in accordance with Section 21 (2) of the Marine Board (Island Boats) Regulation 1965.

"It will require the pilot appearing before an Examining Committee who will consider the evidence presented.

"The committee will then make a recommendation deemed appropriate."

The Marine Board regulations state that the Transport Minister "may" suspend the licence of a pilot pending an appearance before the examining committee and may then either revoke the suspension or revoke the licence depending on the committee's findings.

Earlier yesterday, Crown counsel Cindy Clarke recommended Pearman, 37, receive a "short, sharp, shock" and be immediately incarcerated for piloting the boat while intoxicated.

Instead he was fined $2,000 yesterday — the maximum monetary fine allowed.

When contacted in the afternoon she said her Department would be appealing the decision.

During the sentencing hearing Ms Clarke had argued that a Bermudian bus driver was locked up for three months in 2004 after crashing a bus while under the influence of heroin. No one was injured in that incident either and she argued that Pearman should receive a similar sentence.

But Pearman's lawyer, Eugene Johnston, argued his client was a "good Christian man" who did not know the 16.5 percent proof fortified wine he was drinking was alcoholic.

"He thought it was an energy drink that would give him a pep," Mr. Johnston said.

He added that Pearman was well respected because he had risen through the ranks of Marine and Ports over the previous 10 years and ran the risk of losing his job as a result of the incident.

The court had heard earlier that on December 21, Pearman, of Hook and Ladder Lane, Sandys, was piloting the 5.30 p.m. ferry from Hamilton to Somerset Bridge.

As he approached the arm of the Rockaway Ferry dock, the assistant pilot, who was in the cockpit at the time, had asked Pearman: "Do you see it?" To which Pearman replied: "I've got it."

But Pearman missed the end of the arm and in an attempt to correct the mistake threw the boat into reverse causing it to ram into the dock. None of the 60 passengers was injured, but the vessel was damaged.

The assistant pilot took the helm to return to Hamilton, where Pearman was arrested after officers found him spraying himself with air freshener and unsteady on his feet .

When Police searched Pearman's black bag they found a bottle of fortified wine and when they searched the ferry they found six empty bottles of fortified wine in a bin.

One of the empty bottles was found outside the bathroom where Pearman had been freshening up.

The bow railing and the underside of the foredeck were punctured, which will cost almost $1,000 to repair, according to a spokesperson. Estimates on the cost of the damage to the breakwater at Rockaway which included the navigational light, rubber fendering and a piece of concrete from the dock surface have not yet been determined.

In his judgment yesterday Senior Magistrate Archibald Warner said he did not find the fact that Pearman was driving a public transportation vessel an aggravating factor: "It has been submitted that this man is a man of good character who lives his life by Christian principles.

"He admits to being impaired and has shown remorse and pleaded guilty at the earliest opportunity and in keeping with the Criminal Code he must be given credit for that.

"This is a serious offence because it is a public vehicle that was carrying a number of passengers. Fortunately no one was hurt. I must consider that in terms of sentencing.

"The suggestion is that outside of this court he will suffer severe punishment including the loss of his livelihood. However, that doesn't totally take away from the seriousness of this offence.

"I do not think that this is a case for immediate custodial sentence."

He was fined $1,000 for piloting the ferry whilst impaired and $1,000 for having a blood-alcohol content of between 262 and 264 milligrams of alcohol in 100 millilitres of blood.

Under Bermuda law, the legal limit for ferry pilots is 100 milligrams of alcohol in 100 millilitres of blood, compared to 80 milligrams for drivers of motor vehicles.

The law also does not allow a Magistrate to revoke or suspend a pilot's licence, as it does for drivers of motor vehicles.