Jet ski rider Bruce Foggo will hear his fate in March when a Magistrate will pass judgment on whether he piloted his craft while drunk and without due care.

Foggo was involved in a collision on April 12 last year when his jet ski struck a 14-foot boat anchored off Devonshire Dock.

Foggo, 35, of Ballast Point, St. George's, has denied driving while impaired, refusing or failing to take a breath exam, and driving without due care and attention.

Al Reulle Reuben Shamsid-Deen, 50, of North Shore, Devonshire, is believed to have drowned after being knocked from the boat.

Mr. Shamsid-Deen was sitting in the bow of the wooden boat and was later found in the water by Police divers after the incident.

Yesterday, his lawyer, Victoria Pearman and Crown counsel Sandra Bacchus gave their summations before Senior Magistrate Will Francis.

Mr. Francis told the court he would "take my time'' in reaching a verdict and set the case down for March 1.

"We have heard no evidence that Mr. Foggo was operating the machine erratically. There was no evidence that he was impaired,'' she said. "They are asking us to infer these things.'' Foggo sat quietly as Ms Pearman said: "They have made much of his grin as Police talked to him. And his red eyes and casual attitude.'' "But Mr. Foggo grinned all over the witness box. That is his manner'' she said. "And although I don't wish to embarrass him, his eyes are red now.'' "My client has a certain way of presenting himself which could easily be confused for impairment,'' Ms Pearman added.

Ms Pearman said her client had been cooperative with Police, conscientious in safety measures on his jet ski, and had volunteered that he had drunk two beers.

She also said Foggo had just come through the "traumatic experience'' of the crash and was in a confused state when he was asked to give a breath sample.

But it was the charge of driving without due care that Ms Pearman took greatest issue. "In assessing the level of due care in this case, it must be factored in that Mr. Wilson's unregistered boat was sitting out there in the dark,'' she said.

She added: "The prosecution don't know what happened. Mr. Foggo presented himself as a witness of truth. And Mr. Foggo is being put to a very high standard with reference to due care.'' However, Ms Bacchus said there was a "reasonable expectation'' that Foggo should exercise caution near the dock which is a popular area for fishermen.

Ms Bacchus said Foggo "exercised no care at all'' when he was leaving Devonshire Dock.

She added: "Not once did he turn his mind to the possibility that there would be anything there. When you are on the water all that you have to depend on is each other.'' Ms Bacchus concluded: "Yes, you have to draw conclusions. One has to look at it all. And the strong smell of alcohol coming from Mr. Foggo can't be explained away.''