Tears as teenager's drowning recalled

A tearful and emotional account of a capsize on the East Coast in which a teenage boy drowned was given in the Tauranga District Court yesterday by a man who watched helplessly from the shore.

The witness, Te Kaha resident Joseph Walker, was videoing the drama at the time, but told the court he stopped filming when he realised the magnitude of what was unfolding.

Steven Robinson, 13, a passenger on a runabout called Predator, was swept away by large breaking waves when the boat flipped as the skipper took on some of the largest surf ever seen in the area.

Otorohanga company director James Gordon Newlands was trying to cross a reef at Maraetai Bay on January 29 last year in a bid to get out to sea for a day's fishing.

In the boat with him were three 13-year-olds, including Newlands' son, Hamish.

All three boys were wearing lifejackets, although prosecuting lawyer Robert Stewart told the court Steven's was not properly secured and it slipped from his torso and shoulders shortly after the capsize.

Newlands is facing charges, brought by Maritime New Zealand, of operating a vessel in a manner that caused unnecessary danger or risk to other persons and property.

If convicted, he faces a jail term of up to 12 months or a fine of up to $10,000.

Mr Walker, who had lived in the area for 35 years, said he was videoing that day because the waves were unusually big. His footage was shown to the court.

He told Judge Christopher Harding that he thought the three boats he saw being launched were going out to sea because someone was in trouble.

"I thought they were going to rescue someone ... I thought they seemed to be in a hurry."

After seeing one boat make it beyond the reef, Newlands sized up the surf and put his own boat's throttle down. The boat was powered by a 135hp engine.

But two huge waves struck the 6.2m vessel, the second one flipping it. Mr Walker stopped filming at that point.

"I ran out to the point, and I saw that boat upside down in the water. I saw two young boys floating behind the boat and I saw the adult clinging to the front of the boat."

Mr Walker found it hard to steady himself in the dock, holding back tears and trying to collect himself.

"I couldn't go out. I couldn't go out to help. It was too rough."

Previously, the court heard that Te Kaha Holiday Park owner Tim Travena-Brown had spoken to Newlands earlier that morning.

Newlands was told that permits for launching boats on iwi land would not be issued by the campground because the sea was considered too rough.

But sometime later Newlands sent his son to collect a two-day permit, which Mr Travena-Brown said he sold, assuming it would not be used until much later in the day or sometime the next day.

The trial is expected to last until Friday, with the defence to state its case over the next few days.