Francis seeks advice on jet ski crash case
The Attorney General has been asked to give advice over the prosecution of a St. George's man who faces charges relating to a jet-ski accident in which a man died.
Senior Magistrate Will Francis is to seek advice from the prosecution and the defence on whether Bruce Dawson Foggo should be tried on charges related to an incident on April 12, before or after an inquest into the death of fisherman Al-Reulle Shamsid Deen is held.
Mr. Shamsid Deen, 50, who lived on the North Shore, died after the fishing vessel he was on was in collision with a jet-ski.
Mr. Francis said it was not usual for criminal charges to precede an inquest.
"I would like to have advice from learned opinions from all sides so I can say what course should be taken,'' he said.
Bruce Dawson Foggo, 34, of Ballast Point, pleaded not guilty to piloting a craft in the waters of Bermuda when his ability to do so was impaired by alcohol or drugs.
In addition he pleaded not guilty to being a person who it was believed was committing the offence without reasonable excuse failed to comply with a demand to give a breath test for analysis.
Dawson Foggo -- who was represented by Victoria Pearman -- also denied piloting a craft without due care and attention. He was bailed to appear again on June 16.
Separately, a study in the United States revealed that the vast majority of accidents and fatalities on personal watercraft involve operators who have had no boating safety instruction and who were riding for less than an hour.
The study, released yesterday by the National Transportation Safety Board, said that in some cases, the accidents were caused by riders who sensed danger but dealt with it improperly. They let off the throttle in an effort to avoid an obstacle, not realising that doing so diminished their vessel's steering ability, the NTSB found.
Personal watercraft, widely known by Kawasaki's trade name, "Jet Ski,'' are steered by redirecting water that travels through a jet mounted on the vessel's underside. Letting off the throttle diminishes the vessel's agility.
The board said such inexperience shows the need for revamped boater safety programs and closer scrutiny of personal watercraft operators. The vessels account for one-third of all new boat sales. Last year, 170,000 were sold, down from a peak of 205,000 in 1995.
The board's findings were challenged by watercraft manufacturers. They noted that the study included no valid statistical study. It also had several findings favourable to the industry: 97 percent of the riders were wearing a life vest when they were involved in an accident, and only five percent could be definitively linked to alcohol abuse.
One maker noted that 98 percent of all new personal watercraft sold are multi-seat models, not the stand-up variety frequently shown skipping boat wakes.
"Our average consumer is a 41-year-old man who has 1.3 kids,'' said Glyn Johnston, spokesman for Bombardier. "He fits all the characteristics of the family man. It's much more of a family sport than it's ever been.''