The trial against skipper Lance Goodhew was heard before Judge Philip Rzepecky in the Whangārei District Court. Photo / Michael Craig
The trial against skipper Lance Goodhew was heard before Judge Philip Rzepecky in the Whangārei District Court. Photo / Michael Craig
Skipper Lance Goodhew faced a single charge of breaching his duties as a worker on the fishing boat Enchanter and, in doing so, exposing individuals to a risk of death or serious injury which went to a four-week judge-alone trial.
A group of friends hired the Enchanter for a game fishing trip to the Three Kings Islands in March 2022.
The boat capsized at North Cape, killing Geoffrey James Allen, 72, Michael Patrick Lovett, 72, Richard Eldon Bright, 63, Mark Keith Walker, 41, and Mark Kenneth Sanders, 43.
A skipper who decided to leave a fishing spot and travel home in weather conditions that resulted in the death of five men has been found not guilty.
Lance Goodhew of Coopers Beach faced accusations of failing his responsibilities as a skipper, directly linked to the deaths of five men on his boat.
Today, the 59-year-old was in tears as he hugged his counsel and thanked them for their work after the verdict was delivered.
The men had spent three days fishing at the Three Kings Islands before heading south to North Cape, where a 10-metre rogue wave capsized their boat on March 20, 2022.
On the day of departure, MetService issued a gale warning predicting rough seas, strong winds and poor visibility. However, Goodhew relied on the PredictWind app, which was criticised during the trial for its infrequent 12-hourly updates.
The trial brought by Maritime New Zealand lasted for four weeks before Judge Philip Rzepecky at the Whangārei District Court.
Judge Rzepecky reserved his decision, which was delivered today before a gallery of Goodhew’s supporters.
Judge Rzepecky began by acknowledging the ordeal both survivors and families of the victims had been through.
“The significant impact of the loss has been evident throughout proceedings and I acknowledge the families struggling with the terrible loss.
“I also acknowledge Goodhew and the survivors and it was a substantial hearing that required strength at the time”.
Judge Philip Rzepecky delivered his finding at the Whangārei District Court. Photo / Michael Craig
Judge Rzepecky summarised his findings based on both sides of evidence that was presented by Maritime New Zealand and Goodhew’s lawyer Fletcher Pilditch KC.
Maritime New Zealand (MNZ) argued the sea conditions were too dangerous for Goodhew to navigate because a significant weather front had passed through overnight.
Sam McMullan presented MNZ’s case calling survivors, local fishermen and weather experts to testify.
His argument focused on two critical points: the decision to leave the Three Kings and how Goodhew travelled around North Cape too close to the shore.
As the four-week trial progressed, weather experts gave evidence about the state of the sea around North Cape. They claimed rogue waves could occur anywhere, anytime and at any sea level.
McMullan said Goodhew had a vast knowledge of seafaring and access to multiple sources of information but chose to risk leaving the Three Kings when he should have stayed put.
Fletcher Pilditch KC for Lance Goodhew submitted no one can tame the ocean. Photo / Michael Craig
Goodhew’s lawyer, Fletcher Pilditch, KC, submitted the prosecution was driven by misguided criminal liability for an event beyond Goodhew’s control.
Pilditch reflected on his cross-examination of experienced master mariner Bryan O’Kane, who relayed the base of the defence case in a few words.
“It’s the nature of the industry ... You get caught out absolutely because, at a level, you can’t tame the ocean. It’s not always predictable,” Pilditch recalled O’Kane saying.
The nature of the sea was a core element that could not be overlooked in the tragic outcome, Pilditch said.
“No one can control and influence the sea. It is unpredictable.”
Judge Rzepecky decided he could not be certain Goodhew could have predicted a rogue wave would appear, evidence he believed was clear through the trial.
“Based on observations and scientific evidence, I cannot be sure the presence of a wave was reasonably foreseeable and after considering all the evidence I cannot be sure that a reasonably careful mariner should have decided to stay.
“I’m not satisfied the prosecution has proven its case in respect to the single charge. I therefore find him not guilty and the charge is dismissed,” Judge Rzepecky said.
The five victims of The Enchanter who tragically died in March 2022. Mike Lovett, Mark Sanders, Richard Bright, Mark Walker and Geoffrey Allen. Wreckage of the Enchanter awaits removal at Houhora Heads, north of Kaitaia. The wreck was recovered, then lost and salvaged a second time before it was brought to land for the investigation.
General Manager of Investigations at Maritime NZ, Pete Dwen said it had been a difficult two years for several people.
“I want to extend our deepest sympathies to the families of the five victims, and all of their loved ones. As well as the survivors, responders and everyone else impacted by this tragic incident.
“We want to assure everyone the decision to file a charge against Mr Goodhew, as the skipper, was a considered one, and our investigations and legal teams worked hard to present this case,” Dwen said.
Legal team for Goodhew declined to comment when approached by NZME.
Shannon Pitman is a Whangārei based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.
