MikeJohns
04-02-2009, 07:23 PM
Perhaps in portent of things to come we will see an increased awareness of the judicial system that designers and builders are culpable of manslaughter.
In this case in Australia the principal of the building yard has been found guilty and the way is now clear for civil action for damages from the relatives of the deceased. The verdict is to be appealed and there is as yet no indication of the likely sentence.
This will be a wake-up call to some of the builders out there who are not building to any class with the resultant supervision (and transfer of liability).
Article follows:
Excalibur builder guilty
http://images.brisbanetimes.com.au/2009/04/02/447365/N_CITADINNI-420x0.jpg Alex Cittadini Photo: Jon Reid
Sushi Das
April 2, 2009
IT TOOK just 30 seconds for the ocean racing yacht Excalibur to flip over in the Pacific when its keel snapped off, leading to the death of four of the six Melbourne crew.
Somebody had cut the 2½ metre stainless steel keel while the boat was being built, and then rewelded it back together so badly it had no chance of withstanding the weather conditions that night which, in sailing terms, were very challenging, but not extreme. That was seven years ago.
Yesterday, Alex Cittadini, the director and engineer of Applied Alloy Yachts, the now-defunct company that built the yacht, was found guilty on four counts of manslaughter in the NSW District Court.
The jury found Cittadini either knew about the cut and reweld, or should have.
Adrian Presland, the man who built the keel under Cittadini's supervision, was acquitted of manslaughter charges earlier this week.
But while a guilty verdict has brought closure for those racked by the tragedy, it does not provide answers to burning questions. Who cut the keel? And why?
The $1 million, 15-metre yacht capsized at 9pm on September 16, 2002, 40 nautical miles off Port Stephens on the NSW mid-North Coast. It had been returning to Melbourne from Coffs Harbour after taking part in the annual Hamilton Island race.
The two survivors, skipper Brian McDermott, of Elwood, and fellow yachtsman John Rogers, of Greenvale, suffered a seven-hour ordeal in chilly waters before being rescued by the Filipino crew of a bulk carrier.
They believe they will never know the exact circumstances that led to the deaths of their friends and fellow crew: Christopher Heyes, 51, a semi-retired company director, whose body was found still attached to the boat; Annmaree Pope, 30, a radiographer; Tracey Luke, 32, an accountant; and marine engineer Peter McLeod, 51. Their bodies were never found.
Mr McDermott yesterday described the verdict as "fantastic", but added that despite a coronial inquest and a trial, some facts remained a mystery. "All we really wanted was for justice to occur, and this is a better outcome than we could have hoped for. It really gives complete closure for everyone," he said, speaking from India, where he is on a work-related assignment.
"It's just been really hard to extract the truth out of the people who built the boat. We still do not know the truth as to who did it (cut the keel) and why. I guess now we'll never know, but at least someone has been held accountable."
Fellow survivor Mr Rogers said those who had been involved in the manufacture of the boat had, in evidence given during the court cases, denied any knowledge of the keel being cut and rewelded.
In 2002, two metallurgists told the coroner's inquest a forensic examination of the remaining stump of the keel showed it had been cut on both sides and welded together again, very poorly.
"Who cut it? It's the burning question that everyone wants to know," said Mr Rogers. "Unless someone has a major guilt complex and comes forward, none of us are really going to know the answer."
But at least the verdict would make other builders "think twice before doing any shoddy workmanship", he said.
Excalibur's owner, Alan Saunders, of Vermont South, who commissioned its construction by Cittadini, said the verdict had provoked mixed emotions including relief, surprise and frustration over unanswered questions.
His wife and co-owner of the yacht, Auriol Saunders, said outside the court that she was astounded that were still no minimum standards on the construction of racing yacht keels.
The couple plan to seek the support of friends and colleagues to launch a campaign to lobby for minimum standards and regulations to ensure safety standards were met.
Outside court, Christine Heyes and David Heyes, wife and brother of Christopher Heyes, who died, said they were relieved by the verdict. When asked if he wanted to see Cittadini go to jail, David Heyes replied: "Why not?
"At the end of the day four very precious lives have died as a result of this …
"This man needs to sit in a box and reflect on his actions, and the lives that have been taken."
Cittadini intends to appeal the verdict.
Source: The Age (http://www.theage.com.au/)
In this case in Australia the principal of the building yard has been found guilty and the way is now clear for civil action for damages from the relatives of the deceased. The verdict is to be appealed and there is as yet no indication of the likely sentence.
This will be a wake-up call to some of the builders out there who are not building to any class with the resultant supervision (and transfer of liability).
Article follows:
Excalibur builder guilty
http://images.brisbanetimes.com.au/2009/04/02/447365/N_CITADINNI-420x0.jpg Alex Cittadini Photo: Jon Reid
Sushi Das
April 2, 2009
IT TOOK just 30 seconds for the ocean racing yacht Excalibur to flip over in the Pacific when its keel snapped off, leading to the death of four of the six Melbourne crew.
Somebody had cut the 2½ metre stainless steel keel while the boat was being built, and then rewelded it back together so badly it had no chance of withstanding the weather conditions that night which, in sailing terms, were very challenging, but not extreme. That was seven years ago.
Yesterday, Alex Cittadini, the director and engineer of Applied Alloy Yachts, the now-defunct company that built the yacht, was found guilty on four counts of manslaughter in the NSW District Court.
The jury found Cittadini either knew about the cut and reweld, or should have.
Adrian Presland, the man who built the keel under Cittadini's supervision, was acquitted of manslaughter charges earlier this week.
But while a guilty verdict has brought closure for those racked by the tragedy, it does not provide answers to burning questions. Who cut the keel? And why?
The $1 million, 15-metre yacht capsized at 9pm on September 16, 2002, 40 nautical miles off Port Stephens on the NSW mid-North Coast. It had been returning to Melbourne from Coffs Harbour after taking part in the annual Hamilton Island race.
The two survivors, skipper Brian McDermott, of Elwood, and fellow yachtsman John Rogers, of Greenvale, suffered a seven-hour ordeal in chilly waters before being rescued by the Filipino crew of a bulk carrier.
They believe they will never know the exact circumstances that led to the deaths of their friends and fellow crew: Christopher Heyes, 51, a semi-retired company director, whose body was found still attached to the boat; Annmaree Pope, 30, a radiographer; Tracey Luke, 32, an accountant; and marine engineer Peter McLeod, 51. Their bodies were never found.
Mr McDermott yesterday described the verdict as "fantastic", but added that despite a coronial inquest and a trial, some facts remained a mystery. "All we really wanted was for justice to occur, and this is a better outcome than we could have hoped for. It really gives complete closure for everyone," he said, speaking from India, where he is on a work-related assignment.
"It's just been really hard to extract the truth out of the people who built the boat. We still do not know the truth as to who did it (cut the keel) and why. I guess now we'll never know, but at least someone has been held accountable."
Fellow survivor Mr Rogers said those who had been involved in the manufacture of the boat had, in evidence given during the court cases, denied any knowledge of the keel being cut and rewelded.
In 2002, two metallurgists told the coroner's inquest a forensic examination of the remaining stump of the keel showed it had been cut on both sides and welded together again, very poorly.
"Who cut it? It's the burning question that everyone wants to know," said Mr Rogers. "Unless someone has a major guilt complex and comes forward, none of us are really going to know the answer."
But at least the verdict would make other builders "think twice before doing any shoddy workmanship", he said.
Excalibur's owner, Alan Saunders, of Vermont South, who commissioned its construction by Cittadini, said the verdict had provoked mixed emotions including relief, surprise and frustration over unanswered questions.
His wife and co-owner of the yacht, Auriol Saunders, said outside the court that she was astounded that were still no minimum standards on the construction of racing yacht keels.
The couple plan to seek the support of friends and colleagues to launch a campaign to lobby for minimum standards and regulations to ensure safety standards were met.
Outside court, Christine Heyes and David Heyes, wife and brother of Christopher Heyes, who died, said they were relieved by the verdict. When asked if he wanted to see Cittadini go to jail, David Heyes replied: "Why not?
"At the end of the day four very precious lives have died as a result of this …
"This man needs to sit in a box and reflect on his actions, and the lives that have been taken."
Cittadini intends to appeal the verdict.
Source: The Age (http://www.theage.com.au/)