NSW: Boatbuilder sentenced to jail over four yachting deaths
Fri Jul 10 19:37:22 EST 2009
SYDNEY, July 10 AAP - A boatbuilder found guilty of manslaughter after four people died when a yacht broke up at sea has been sentenced to three years jail.
NSW District Court Judge Stephen Norrish on Friday ordered Alex Cittadini, 50, the director and engineer at Applied Alloy Yachts, serve a non-parole period of 18 months.
Due to special circumstances - long delays, the Melbourne boatbuilder's cooperation during the investigation and his interstate travel - the judge released Cittadini on bail pending an appeal.
The Excalibur sank in September 2002 when its keel split in two in high winds near Seal Rocks off the mid-north coast of NSW, on a voyage from the Whitsundays to Sydney.
Crew members Tracy Luke, 32, Ann Maree Pope, 30, Christopher Hayes, 51, and Peter McLeod, also 51, died.
But skipper Brian McDermott and crew mate John Rogers were rescued after spending nine hours in the water.
Judge Norrish described their story of survival as chilling and awe inspiring.
"The degree of negligence was serious," the judge said of the boat's construction.
"As the manager of the business he was under a duty (to provide) proper quality control."
The court heard Cittadini was unaware the keel of the million dollar yacht had been cut and re-welded, because it was covered by polish and not visible to the trained or untrained eye.
"There's no suggestion he did the welding," Judge Norris said.
"The person who did it may have hid it from the accused," he said.
"Whilst Mr Cittadini had done other yachts, this was the biggest, there was inexperience among other employees."
The court was told more supervision and better quality control checks should have been in place.
Cittadini's co-accused Adrian Presland was acquitted in April of the same manslaughter charges.
He was the factory foreman in charge of welding the boat but crown prosecutors failed to prove beyond reasonable doubt that he was to blame for the "shoddy" work on the Excalibur.
The court on Friday heard that Cittadini was a man of excellent character, a family man, honest and professional.
He was a sailing enthusiast and a member of the Royal Melbourne Yacht Club for 25 years, the judge was told.
Judge Norris reassured the families of the deceased that he had taken into account their victim impact statements.
"It's most important that the sentence should not be seen as a measure of the (deceased) persons' life," he said.
Two Melbourne businessmen provided $50,000 bail surety for Cittadini.
His bail conditions include surrendering his passport and reporting to Box Hill police station in Melbourne.
