for Hamilton Harbour on a moonless night to meet a party cruise, the prosecution claimed yesterday.

But defence lawyer Mr. Archie Warner said the 17-year-old "did his best and acted as a reasonable and prudent person would in the circumstances''.

The Supreme Court jury hearing the case will decide Talbot's fate today after Puisne Judge the Hon. Mr. Justice Ward's directs them on the law.

Talbot denies causing 30-year-old Wayne (Bum Bum) Swan's death and injuring Anthony Johnson in the early hours of last September 1 by reckless driving of a boat.

Solicitor General Mr. Barrie Meade, in his final submission, told the jury to send a message that youngsters who make irresponsible decisions must pay for their actions like the rest of the community.

"Just because he was 16-years-old (at the time) does not stop the fact that a crime was committed,'' he said.

But Mr. Warner said the jury could not convict Talbot because they thought teenagers in Bermuda needed to be sent a message.

The concept of recklessness was not an easy one, he said. It implied "a high degree of culpability''.

"It must be proved that the defendant drove the boat in such a manner as to create an obvious and serious risk of causing physical injury or death,'' he said.

Driving without a spotlight or even speeding was not reckless, he said. Marine laws did not require a bright light to be on board a boat at night, he noted.

Talbot was experienced around boats, having a fishermen father, Mr. Warner said.

He had slowed down upon entering the Great Sound and he had kept a lookout, he claimed.

Though he did not follow the marked channel, his plan was "to pick his way through the islands'', which suggested prudence rather than risk.

Most pleasure boaters did not stick to the channel because they were small enough to negotiate the islands, he said.

The only reason he struck Lambda Island was because it was unlit, low-lying and partly submerged as it was high tide, the lawyer submitted.

He saw the small island from 75-feet away as well as the light on nearby Pearl Island. He tried to pass through the two but did not go wide enough.

Mr. Warner reminded the jury that two other youngsters who had been on board the boat that night, and were witnesses for the prosecution, had backed Talbot's claim he had slowed down after leaving the North Shore.

Mr. Warner said the 30 mile-an-hour speed Marine and Ports director Mr. Ron Ross had estimated the boat had been travelling at when it hit the island was "unacceptable''.

He added Marine Police themselves testified Lambda Island was hard to see at night.

But Mr. Meade claimed Talbot had operated the boat in such a manner as to cause a serious and obvious risk to passengers.

He was speeding, the only bright light on board was broken, he was not familiar with nor did he follow the buoy and channel marker system in the Great Sound, it was a moonless night and it was choppy.

Talbot's lack of a planned course through the waters made it "almost certain'' he would get lost and run into an island'', Mr. Meade submitted.

"What he did was incredibly dangerous.'' He further submitted Talbot knew the trip would be dangerous but made it anyway.

Jurors heard Talbot first hit a submerged part of Lambda Island and travelled 60 feet onto it.

Swan was thrown out of the 17-foot boat and died from "massive head injuries''. Johnson, 16, suffered a gash to his head which left a scar.

The other two people on board, owner of the 17-foot Ocean Arrow Kirk Wade and Shannon Tucker, 18, were unharmed.

Final submissions were almost put off until the afternoon when the defendant failed to show.

An annoyed Mr. Justice Ward issued a warrant for Talbot's arrest. However, accompanied by his mother and other family members, he appeared just as the jury was leaving the court house.

They returned to court and Talbot explained to the judge he had thought his trial was set to resume at 11.30 p.m. not 11.15 p.m.