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The family of a fishing vessel skipper who died at sea with his two crew says it is a disgrace to make the ship owner the "scapegoat".
Warwick Loader was yesterday found guilty of operating his vessel, Mi Jay, "in a manner causing unnecessary danger or risk to others".
The skipper, Paul Rees, 53, and deckhands Wiremu Tawhiti, 53, and Cedric James, 52, died at sea.
Mr Rees' brother Charlie told the Herald that if anyone was responsible, it was his brother.
"I believe all responsibility falls on him. It was up to Paul to make sure [the Mi Jay] was back in port. I think [Loader] had done everything possible. I feel sorry for him."
The bodies of Mr Tawhiti and Mr James were found floating on a liferaft on December 19, 2005, almost a month after the ship sailed from Nelson. Neither Mr Rees' body nor the boat has been found.
Loader was prosecuted by Maritime New Zealand. In a decision released yesterday, Nelson District Court Judge John Walker found that Loader, the owner and director of Crusader Fisheries, operated the Mi Jay in a manner causing unnecessary danger or risk to others. He found Crusader Fisheries guilty of a similar charge, for failing to organise communication with the vessel, or check the skipper's qualification.
Judge Walker said: "I am satisfied beyond reasonable doubt that Mr Loader could reasonably be expected to have known that operating the vessel without a reporting schedule in place would put the crew at unnecessary risk and so he would know that an offence was being committed by the company when the vessel put to sea."
Maritime NZ said the decision sent a clear message to vessel owners about the importance of arranging regular communications with crew.
"The chances of success in any search and rescue operation are far greater if up-to-date information about a vessel's whereabouts and intentions are known," said acting director Bruce Maroc. "Had [rescue authorities] been provided with this critical information when searching for the Mi Jay, it could have resulted in lives saved, not lost."
Charlie Rees, a fisherman for 28 years, said he knew Loader was doing his brother a favour by letting him take the boat out fishing in order to make some money for Christmas.
"I'm sure Loader didn't know where he was taking the boat. Paul could have told him whatever he wanted. It's entirely the skipper's responsibility when he takes that boat, not the owner. It's up to the skipper to radio in. It's a shame [Loader] has been made a scapegoat."
Mr Rees said after so long, finding his brother's body was a "lost cause".
"It will be fish fodder."
A date for Loader's sentencing is still to be set.
