Change of tune from jet ski driver
careless for someone to drive a ski at night whilst impaired by alcohol.
But he later agreed with defence lawyer Victoria Pearman that it was wrong for a rider to operate a jet ski at night whilst under the influence of intoxicants.
Foggo also concurred that a rider should exercise care when navigating around the Devonshire Dock area, but added that he didn't expect swimmers or fishermen to be in the water at night.
It was during the night of April 12 last year when Foggo was involved in an incident in which his jet ski collided with a fishing boat, close to Devonshire Dock.
In the incident Al Reulle Reuben Shamsid Deen, 50, of North Shore, Devonshire, drowned after he went overboard from the fishing vessel.
Foggo, 35, of Ballast Point, St. George's denies driving without due care and attention, impaired driving and failing to give a breath test.
Under cross examination from Crown counsel Sandra Bacchus, Foggo told how he had left a friend's house immediately before the accident and accelerated away at more than a brisk walking pace.
His ski had lights on the front and back, and although it was dark, he said he could see where he was going.
But he said he didn't see what he collided with.
Muriel Simons, whose niece, Lisa Tucker, is Foggo's girlfriend, told how he had pulled up to their house close to Devonshire Dock just before the tragedy.
She recalled seeing him take off and moments later hearing the explosion.
Later, Foggo came to her door to ask if she could make a phone call for him and to ask for a towel.
"He appeared very frightened, nervous and upset,'' she said.
Under cross examination from Miss Bacchus, she agreed that she had said in her statement that the white light on the rear of the jet ski had gone up in the air.
She also agreed that Foggo was like family to her and she wouldn't want to see anything bad happen to him.
Her daughter, Selena Simons, also agreed that the light on the ski had gone up in the air. She recalled shouting out for Foggo but not getting a response.
Miss Simons next saw Foggo when he came out of the water at the dock. She said he appeared very shaken up but later under cross examination admitted that that had not been in her statement to Police.
Earlier, Foggo admitted that there was a lot of things that he didn't remember about the incident but denied that his memory was selective.
Miss Bacchus suggested his memory may have been hazy because of the alcohol he had drunk, but he replied that "was not true at all''.
Foggo's girlfriend, Lisa Tucker, said he had drunk one or two beers that afternoon.
She said he was not "reeking'' of alcohol when he left for his jet ski ride.
In addition Foggo said he remembered being taken in a Police car to Hamilton but couldn't recall what he said, although he was vaguely aware that someone had been killed.
The trial is expected to conclude today.
COURTS CTS