Skipper fined $1000 over death

The skipper of a trawler who drifted in a liferaft for 20 hours after his boat sank killing his friend has been fined $1000 for operating in conditions which caused unnecessary danger.

Antony "Jack Sprat" Hodgson struggled with his mate Allen "Archie" Wilkings to reach a liferaft after the trawler St Peter sank near Great Barrier Island on January 8, 2003.

The boat, which was crossing the Colville Channel, was swamped in about 30 seconds by two waves, and the Maritime Safety Authority said he should not have been operating the boat in the conditions.

The Auckland District Court heard he returned from the same fishing trip on Monday.

Hodgson's lawyer Paul David said Hodgson relived his friend's death every time he fished in the area. Hodgson had been forced to watch from the raft as Mr Wilkings drowned.

Judge Josephine Bouchier also heard experts could never agree on whether Hodgson had taken the St Peter across the Colville Channel, near Great Barrier, in conditions it was not capable of handling.

Hodgson has undergone one trial where the jury was hung. He pleaded guilty to the charge before a second trial.

Hodgson had 20 years experience at sea and was regarded as a safe, knowledgeable skipper, Mr David said. "He was making what he considered a usual trip in rough conditions. No one can accurately say why this vessel sunk," he said.

Crown prosecutor Michael Heron said the Crown was seeking a fine and reparation for Mr Wilkings' partner Janet.

Judge Bouchier said nothing would bring Mr Wilkings back but she said the sentencing would bring some closure to a case which had gone on for three years.

She said experts could not agree if Hodgson should have crossed the channel in the boat that day and a jury in the first trial could not decide. Therefore it was not for her to decide.

She said Hodgson's culpability was at the lower end of the scale.

She ordered Hodgson to pay a $1000 fine, $3500 in reparation and ordered him to pay $130 court costs.