NASSAU- Two men accused of causing a deadly tour boat explosion through negligence could face a second trial, if the Court of Appeal allows an appeal against their acquittal.
The DPP’s Office has appealed a judge’s decision to direct a jury to acquit Four C’s Adventures founder Clayton Patterson Smith and his captain Roderick Watson of charges stemming from a June 30, 2018 explosion in Exuma that killed an American tourist and wounded four others.
The excursion to see the swimming pigs became a tragedy minutes after the boat left the dock.
Smith, who built the boat that prosecutors contended did not meet industry standards, was charged with negligently endangering the vessel’s passengers.
The pair were jointly charged with manslaughter by negligence in the death of Maleka Jackson.
Watson, the captain, was charged with negligently causing harm to Jackson’s husband, Tiran, Stephanie Schaffer, Stacy Bender and Paul Bender.
According to the prosecution’s case, the boat was unregistered and unlicensed and uninsured. Watson did not hold a captain’s license and he allegedly allowed an eight-year-old boy to fuel the tour boat.
Justice Jeanine Weech-Gomez said although the explosion was caused by a fuel leak, none of the witnesses recalled smelling fuel before the explosion.
The prosecution submitted that the defendants owed a duty of care to the victims.
Justice Weech-Gomez decided, “However, the duty of care is a creature of civil law and any charge brought against the Defendants under the Penal Code must be proved to the Criminal standard, which is proof beyond a reasonable doubt and not on a balance of probabilities.”
