Criminal negligence or mistake? Court to decide role of captain in double boat fatality

The defence lawyer for lobster boat captain Clarence Barry White argued his clienthad the right of waytheday two boats collided, killing two people.

Halifax lawyer Brian Casey made the comments during closing arguments Mondayin P.E.I. Supreme Court in Charlottetown, where White is ontrial fortwo counts of criminal negligence causing death.

"Captain White had the right of way," Casey told Justice Gregory Cann, in connection with the incident June 9, 2018 in water off Beach Point, P.E.I.

"The events were tragic, but you should find they were not criminal."

Casey recounted what the defence contends are key facts from the incident, in which White's boat, Forever Chasin' Tail, collided with Joel '98, killling two of the five people on that vessel:Justin MacKay and Chris Melanson.

Boat was on autopilot

White's boat approached the other from starboard. According to the rules of boating, he had the right of way, Casey told court.

Court hasheard White's boat was on autopilot, and White was writing entries in his log book as the vessel headed back to port. White has pleaded guilty to one count of failing to keep proper lookout, under the Canada Shipping Act, but has pleaded not guilty to the charges of criminal negligence.

"It was a single error. That's not enough to amount to wanton disregard for human life," said Casey. Lobster boat captains routinely fill in their log books as they make their way back to port, Casey told court.

Two visitors aboard Joel '98

Casey argued theother boat captain, Judson Crossman, contributed to the collision. Casey argued Crossman knew he was in the path of boats returning to port, at the time of day they routinely headed in.Because Crossmanhad two visitorson boardthat day one of them was Melanson Crossmanlingered in the area longer thanusual, he said.

"What Mr. Crossman was doing was unexpected," Casey said.

Crown prosecutor Paul Adams called that argument irrelevant.

"The law makes it clear that is not the issue," Adams said.

"Joel '98 was there on a regular basis" along with about 100other boats in a very active fishing area, argued Adams.

Ideal weather, excellent visibility

Adams told court that White hit broadside, in ideal weather conditions with excellent visibility.White did not attempt to slow down or turn aside, court has heard.

The Halifax-based federal prosecutor called it an "abject failure" on White's part.

"This isn't a situation where the Joel '98 appeared out of nowhere ... it was there and readily apparent," said Adams.

"Mr. White offers no explanation because there is none."

Judge's decision still to come

Adams arguedWhite, 52, may not have been at the helm of his boat, during the return trip to port, including the moment of impact. White has testified he was at the helm.

Monday's closing arguments followed atrial by judge alone in April. Lawyers appeared by video link Monday. White, his wife, and relatives of MacKay and Melanson, attendedin person.

Justice Gregory Cann adjourned the case until July 7, at which time he will set a date to hand down his decision.

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