Hong Kong prosecutor says skippers 'grossly negligent' in Lamma ferry tragedy
Prosecution says skippers of Lamma IV and Sea Smooth are guilty in deaths of 39 people as there was an 'obvious risk of collision'
Two skippers were "grossly negligent" in the National Day 2012 ferry tragedy that killed 39 passengers, a prosecutor told a High Court jury yesterday.
"Each coxswain owed a duty of care to each of the 39 passengers named in the indictment," prosecutor Andrew Bruce SC said. "The breach of duty amounted to gross negligence."
After 54 days of evidence and legal arguments, Bruce gave a four-hour summary of his case against Hongkong Electric's Lamma IV captain Chow Chi-wai, and Hong Kong and Kowloon Ferry's Sea Smooth skipper Lai Sai-ming. Chow, 58, and Lai, 56, have each pleaded not guilty to 39 counts of manslaughter and two counts of endangering the safety of others at sea.
On October 1, 2012, the Lamma IV was taking 124 passengers - staff members of the power firm and their families and friends - on an excursion to view National Day fireworks in Victoria Harbour when the vessel and the Sea Smooth, with 62 passengers on board, collided. Thirty-nine passengers, including eight children, on board the Lamma IV died.
The crash took place at about 8.20pm in waters west of the Shek Kok Tsui light beacon, off the northwest coast of Lamma.
Calling for a guilty verdict, Bruce said: "Anybody standing on the bridge of the two vessels … would have realised … there was an obvious risk of collision and an obvious risk of death."
He also summarised the comments of two veteran mariners, called by the prosecution, on manoeuvres that the two skippers could have made to avert the collision. He said: "The Sea Smooth should have never turned to port. The Lamma IV should have made a bigger turn to starboard."
During the trial, barrister Gerard McCoy SC, for Chow, suggested that when the vessels separated after the collision it left a gaping hole in the Lamma IV which allowed water to flow in.
Bruce said this was "just a theory" not supported by evidence.
The court previously heard from Captain John Simpson, called by Lai's legal team, that a bright fog light on the breakwater of a typhoon shelter could obscure a skipper's vision as they approached the pier on Lamma Island. Bruce refuted the claim.
Concluding his submissions, Bruce said that both were grossly negligent and the elements of the manslaughter charge were proven. McCoy is expected to deliver his closing submissions today before deputy High Court judge Mr Justice Brian Keith.
