Man jailed for causing fatal boat crash in Poole Harbour
David Haw from East Sussex died after the Rib hit a buoy in May last year
Last updated 21st Nov 2023
The skipper of a rigid inflatable boat (Rib) who caused the death of a 24-year-old man by crashing into a buoy at three times the speed limit in Poole Harbour after drinking heavily at a sailing regatta has been jailed for three years.
David Haw, from East Sussex, was found dead in the water 12 days after he went missing following the incident in the early hours of May 2nd last year.
21-year-old Morgan Smith, of Northampton, pleaded guilty to gross negligence manslaughter at a previous hearing.
The judge, Mrs Justice Cockerill, said such Rib journeys "occurred regularly" and called on the marine industry to learn lessons and make sure "such a tragic case doesn't occur again".
She described Mr Haw as a "brilliant young man" who was "in the prime of his life".
Mark Watson KC, prosecuting, told Winchester Crown Court that Smith and Mr Haw had been attending a regatta prize-giving at Poole Yacht Club during the evening.
He said Smith was seen on CCTV to drink through the afternoon and into the evening.
The prosecutor said the defendant, who had completed a RYA Powerboat skipper course but was not trained to navigate at night, took Mr Haw and four others home from the event in the Rib.
Smith had been employed during the regatta to operate the 5.8-metre support boat for a yacht called Harlequin.
The collision with the buoy, which was 4m high and 2.25m wide, happened after Smith had dropped off three of his passengers, leaving himself, Mr Haw and Alistair Gifford onboard.
Mr Watson said the Rib was travelling at up to 34 knots - three times the speed limit of 10 knots - when it collided with Diver Buoy in the Middle Ship Channel.
He said: "This was a wholly unnecessary journey which clearly put passengers at risk of death.
"It was conducted in a wholly unsafe manner, at very high speed, at three times the speed limit where the accident occurred.
"It was a journey embarked on at night in very challenging navigating conditions where there was no margin for error, a journey by a helmsman who was not qualified or trained to conduct such a navigation, not even at a safe speed."
He said the situation was worsened by the defendant navigating using his mobile phone, which would have made it difficult for his eyes to adjust to the low light.
Mr Watson said that when the accident happened, Mr Haw and Mr Gifford were thrown into the water, although Mr Gifford was able to get back onboard afterwards.
He said that prior to the crash, Mr Haw said to a friend during a phone call that he was "left with these two idiots".
Mr Watson said: "Both (Smith and Mr Gifford) lost their mobile phones in the collision, in addition there was no radio and therefore no means to communicate with the emergency services.
"They were some significant distance from the shore and in the emerging panic, Mr Smith was unable to locate any emergency flares."
He said Smith had snapped the key in the ignition in the panic, which meant the Rib could not be restarted and he and Mr Gifford had to paddle back to shore.
He said the pair managed to get to Parkstone Yacht Club and woke up a neighbour, but the alarm was not raised until one hour and 40 minutes after the crash.
A search was launched for Mr Haw but his body was not found until 12 days later.
In a victim impact statement read to the court, Mr Haw's parents Gillian and Richard described his death as a "totally unnecessary disaster".
They said: "He was our only child at the very start of his adult life, we have been cruelly robbed of a future life with David.
"We will never experience the joy and pride of seeing him develop, he had so many plans and dreams and was starting to make a difference.
"He lived every moment of his life with a passion. He had the talent of making everyone feel like he was their best friend."
They added that Mr Haw, who achieved a first-class degree, would be missed at his job, where he was working towards becoming a management accountant, as well as in the sailing world.
Mr Haw's father, a powerboat instructor, and mother questioned the actions of the defendant on the night and called for him to be prevented from helming a vessel again.
Oliver Powell, defending, said Smith, a keen sailor who had represented Team GB since the age of 14, was "deeply remorseful" for his actions.
He said Smith, who works in the marine industry, was suffering from post-traumatic stress disorder (PTSD) and was attending counselling and alcoholic anonymous sessions.
He added: "There is huge professional embarrassment and also the stigma of his responsibility for Mr Haw's death."
Rosemary Ainslie, head of the Crown Prosecution Service Special Crime Division, said: "Smith made a wholly unsafe journey in a boat which clearly put his two passengers at very serious risk.
"It was late at night, and the boat was being driven at high-speed by Smith - who was an inexperienced skipper and had earlier been drinking alcohol.
"His helming of the Rib on the day of the tragedy fell very far below the standard of a reasonable and competent skipper, and very sadly as a result of his actions, David Haw, a young man in his prime, needlessly lost his life.
"Our thoughts remain with David's family and friends."