A skipper accused of speeding towards another boat drove in a “reckless and unnecessary” manner, a maritime expert has told a court.
Steven Davie denies making fast, close passes on a pair of other boats while at the helm of the Spirit of Adventure near Eilean Donan Castle and Kyleakin.
Davie, 32, of Conchra is facing five charges under the Merchant Shipping Act and International Regulations for Preventing Collisions at Sea.
On the second day of evidence at Inverness Sheriff Court, the jury was shown a video of an alleged incident on August 13 2018.
Fiscal depute David Morton said it showed Davie’s Spirit of Adventure speeding towards a boat called Brightwater and only belatedly changing course to pass behind the vessel.
Royal Yachting Association (RYA) examiner Paul Glatzel told the court that the alleged incident represented “poor seamanship”.
He said it would have earned Davie an “instant fail” had he conducted the manoeuvre while Mr Glatzel was examining him.
“There were no boating reasons for being that close,” he added.
Earlier, jurors had heard from Matthew Knight, the skipper of a third vessel called Hecate.
Knight’s boat, along with the Brightwater, had been supporting a round-Britain record-breaking attempt by the swimmer Ross Edgely on the day in question.
The 58-year-old told the court that he had completed “over 100,000 miles at sea” in his career.
He said that Davie’s first pass in narrow waters by Eilean Donan Castle had left members of his crew “a bit alarmed”.
‘Near miss’
But Knight explained that it was a second “near miss” incident with the Brightwater that had caused the most concern.
“This is where the thing turned into something significantly more serious, in my view.
“They came round the corner, they started altering course and coming towards us.
“There was quite a lot of water available to them to pass well clear of us.
“As a skipper, I’m quite aware of what is happening and there is a boat speeding towards us.
“As it happened, they passed quite close, close enough for us all to be a bit alarmed. There was a near miss with the Brightwater.”
‘At odds with’ regulations
Knight was unable to recall whether the wake from a third pass between his ship and the shore by Spirit of Adventure had toppled a paddle boarder, as had been claimed by fellow skipper Hugh Balfour Paul in evidence the previous day.
Under cross examination from defence counsel David Nicolson, Mr Knight said he had been flying a cloth alpha flag to denote there were people in the water.
It was a measure that marine expert witness Mr Glatzel later confirmed to be “at odds with” the requirements of maritime regulations.
He explained that the regulations stipulated that the alpha flag should “have a rigid structure” and should be “visible at all states of wind”.
‘Certainly not what you should do’
Mr Glatzel, who is the author of RYA boating handbooks, conceded under questioning from the defence that the Brightwater’s position meant that it was the “give way ship” during the incident.
He said the Brightwater would have been expected to yield to the Spirit of Adventure under normal circumstances.
Mr Glatzel also said that the Brightwater skipper Hugh Balfour Paul’s decision to leave the helm of his ship during the incident and film the other vessel’s approach was “certainly not what you should do.”
The trial, before Sheriff Eilidh MacDonald, continues.
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