KEY POINTS:
The fate of three crew and a passenger on the Earthrace speedboat was last night in the hands of a Guatemalan judge who has the power to keep them in the country for the next six months.
New Zealand skipper Pete Bethune and his crew have been detained in Guatemala following a collision with a fishing boat which left one man dead and another seriously injured in the early hours of Sunday morning.
The $3 million biodiesel-fuelled catamaran was attempting to set a new round-the-world record by a diesel-powered craft when the accident happened.
As skipper, Mr Bethune was due to go before a judge yesterday but that was delayed by a day.
His Auckland-based wife, Sharyn Bethune, told the Herald there were two court hearings pending.
The first related to the family of the injured fisherman who are seeking reparation to cover medical costs.
The second, and more important, is the investigation into what happened.
After speaking to her husband yesterday morning, Mrs Bethune said it seemed authorities accepted that the crash was an accident and that the fishing boat was out at night without radar or lights.
There are, however, several options for the judge, ranging from laying criminal charges to ongoing investigations.
"Originally there was talk of a manslaughter charge but no body has been found and it's in international waters so it's not that easy," said Mrs Bethune.
"Pete would be held responsible even if he wasn't driving because he is the skipper, and he has taken full responsibility.
"A worst-case scenario is that they could allow the boat and other crew members to leave and Pete stay there - which could take six months.
"But the boat couldn't continue without him, in any sort of form, as far as the race goes. The other thing is, they may be able to pay a bond and they may all be able to leave."
With a bond and if the boat wasn't too badly damaged, Mrs Bethune said, it was possible the race might continue, but it was too early to say.
She hoped to hear from her husband again this morning to find out if he had been before the judge yet.
At the time of the collision, Earthrace was running on only one engine following an oil leak in the other.
