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A Cook Strait ferry first mate prosecuted after his ship almost grounded has been cleared in a High Court decision.
David William Birchall was first mate when Bluebridge ferry Santa Regina sailed close to rocks in the Tory Channel in June 2005 after striking a strong tide.
A Wellington District Court judge later cleared him of operating the ferry in a manner causing unnecessary danger or risk to passengers or property.
But Mr Birchall was found guilty of failing to notify Maritime New Zealand of the incident within sufficient time.
Following an appeal, the High Court last week overturned that decision, saying it was not Mr Birchall's responsibility to notify maritime authorities.
It found that although Mr Birchall had been a ferry master for several years, he was not master at the time of the incident.
Mr Birchall was stood down after the incident and later refused an offer of a different job from the company, instead quitting and eventually taking up a skipper job in Australia, where he remains.
Mr Birchall told The Dominion Post he would now fight for compensation from Maritime New Zealand, having spent years successfully fighting to clear his name.
- NZPA
