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Old 28-12-2018, 12:49   #1
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Lost crew captain charged

not sure where to post this forum having to do with seamanship,rules and red tape sounded close enough?

https://www.pressherald.com/2018/12/...d-responsible/
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Old 28-12-2018, 13:28   #2
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Re: Lost crew captain charged

This is one of those cases where the devil is likely in the details and we won't ever know what those are.

That said, the fact that Smith made no effort whatsoever to recover Pontious, dead or alive, is alarming. The wind was under five knots, the sea was calm, and the moon was nearly full. Just because the individual does not surface immediately does not mean that no effort should be expended to try and recover them.

I could see being conflicted, as a result of anger and fear, and concluding that recovering Pontious alive could present a danger to the boat and crew. But I expect I would have made a good faith effort and dealt with the follow-on challenges as they arose. But I wasn't there.

Not a situation I'd like to ever find myself in, that's for sure.

Gotta love lawyers that have a sense of humor though:
“While the invitation extended in your letter for Mr. Smith to waive his constitutional rights and testify under oath, without an attorney present, in order to charge him with crimes is tempting, we will politely decline to do so at this point.”
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Old 28-12-2018, 13:32   #3
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Re: Lost crew captain charged

Very sad; but exactly what was the "dereliction of duty" on the captain's part? Not carrying out MOB procedures I can see, but anything else?
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Old 28-12-2018, 13:34   #4
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Re: Lost crew captain charged

Food for thought when considering taking on unknown crew.
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Old 28-12-2018, 13:42   #5
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Re: Lost crew captain charged

The pivotal issue is when did he start SAR? Why didn’t he use whatever communications gear he used to speak to Parker to raise a MOB/mutiny alarm?

These are just the first two questions I have. To judge another mariner’s actions without the full story, specifically the owners side, is unfair to all concerned.

This event really shows that here is a lot to being a master on a vessel.
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Old 28-12-2018, 13:46   #6
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Re: Lost crew captain charged

He was in fear for the well being of the crew, boat, himself. His neigelience was in not hitting the nut job in the back of the head, twice, with a winch handle and throwing him over after being attacked.
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Old 28-12-2018, 13:51   #7
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pirate Re: Lost crew captain charged

I am surprised that he did not head for the closest port on day 2 seeing as the guys condition was deteriorating rapidly and he was non functional.. welfare and consideration of crew.. also refusing to do an MOB in perfect conditions I find astonishing to be frank.
Regarding the guy who says one cannot turn a boat like that around in the middle of the ocean, he needs to go back to sailing school.
Lots of unknowns but I can see why the case is being brought.
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Old 28-12-2018, 13:52   #8
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Re: Lost crew captain charged

Quote:
Originally Posted by sailorboy1 View Post
He was in fear for the well being of the crew, boat, himself. His neigelience was in not hitting the nut job in the back of the head, twice, with a winch handle and throwing him over after being attacked.
And you got that info from where????

As I said, until the owners side of the story is told any comments are....

Wait for it.....





ASSumptions.

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Old 28-12-2018, 13:57   #9
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Re: Lost crew captain charged

https://www.sailnet.com/forums/vesse.../topics/327302
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Old 28-12-2018, 14:13   #10
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Re: Lost crew captain charged

Quote:
Originally Posted by Snore View Post
And you got that info from where????

As I said, until the owners side of the story is told any comments are....
Because I'm been following the story longer than here. It's right in the CG report and it seems greatly reasonable to me.

If you have been a physical danger to the crew and boat for days, then attacked the captain, then jumped over the side, .................... well on my boat you better be a great swimmer
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Old 28-12-2018, 14:17   #11
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Re: Lost crew captain charged

Quote:
Originally Posted by boatman61 View Post
I am surprised that he did not head for the closest port on day 2 seeing as the guys condition was deteriorating rapidly and he was non functional.. welfare and consideration of crew.. also refusing to do an MOB in perfect conditions I find astonishing to be frank.
Regarding the guy who says one cannot turn a boat like that around in the middle of the ocean, he needs to go back to sailing school.
Lots of unknowns but I can see why the case is being brought.
I can understand his sentiment in not wanting to do an MOB attempt, but that was a bad decision on his part. I expect that will hurt him in the trial.
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Old 28-12-2018, 14:18   #12
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Re: Lost crew captain charged

Got a link to the CG report?
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Old 28-12-2018, 14:19   #13
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pirate Re: Lost crew captain charged

Quote:
Originally Posted by sailorboy1 View Post
Because I'm been following the story longer than here. It's right in the CG report and it seems greatly reasonable to me.

If you have been a physical danger to the crew and boat for days, then attacked the captain, then jumped over the side, .................... well on my boat you better be a great swimmer
You'd not put up with it for days.. like me you'd likely have headed for shore on day two.. 2 crew and a skipper is more than plenty if he's as good as claimed.
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Old 28-12-2018, 14:22   #14
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Re: Lost crew captain charged

Quote:
Originally Posted by sailorboy1 View Post
Because I'm been following the story longer than here. It's right in the CG report and it seems greatly reasonable to me.

If you have been a physical danger to the crew and boat for days, then attacked the captain, then jumped over the side, .................... well on my boat you better be a great swimmer
Sure would be nice if you gave a link!

Found this that sheds better light https://www.penbaypilot.com/article/...leases-/111009

Based on the USCG report in the link I have attached, the owner did everything thing he could have- once things turned ugly.

As the Master, I am responsible for you. Before you board my vessel you put in writing any meds you are taking and food allergies. If you lie in writing- my actions are defendable. If the medical questions are not in writing, there may be an issue. Added advantage—- at 6’3” 225, crew I hire is smaller than me and could likely be restrained by me and one other.
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Old 28-12-2018, 14:39   #15
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pirate Re: Lost crew captain charged

From whats been stated about Mary Jane and a gun being dumped overboard seems drugs were accepted on board..
And how is it a skipper licensed to do charters not be trained for a MOB recovery.. or the correct procedure for alerting authorities straight away if an EPIRB was on board.. then stay local till help arrived for a possible recovery.
But everyones different I guess.
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