Captain Nemo Court Case

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Bez

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In Ibiza court this week was the hearing into the death of a young Irish Tourist who jumped to his death from the glass bottom boat Captain Nemo out of San Antonio.

Captain Jose Ribas is accused of manslaughter by his actions of not turning around his boat to aid the youth. It is also alleged by the many witnesses on board at the time that life vests and floating devises were fastened to the boat and were unable to be used. It is alleged that the Captain ignored countless pleas from other passengers on board to return to the stricken youth whose body was washed up on the beach the following day.

Friends of the dead man admit that they had consumed alcohol and ectasy before they boarded the boat and that they had jumped from the boat as a dare.

What make its interesting is that the youth is related to a government minister so his diplomatic clout ensured that Mr Ribas stood trial.

Mr Ribas matained in court that he saw a youth swim to shore and understood that it was the youth making his was safely to land.

A verdict is expected in the coming weeks.
 
Its very interesting alright.

I know Health and Safety laws in Spain are "softer" than other European countries and when it comes to "Tourists" who are either drunk or on drugs, the attitude softens even further.

Hopefully some good will come out it and regulations on certain activities are put in place.
 
Yes, ban anyone out of their heads on drink or drugs from getting on a boat - I'm for Nemo's take, if they stupidly jump in why inconvenience everyone else.
 
Tony said:
Yes, ban anyone out of their heads on drink or drugs from getting on a boat - I'm for Nemo's take, if they stupidly jump in why inconvenience everyone else.
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Dont they have a rule in maritime circles called the "Man Overboard" procedure??

Long time since I donned my sailing attire, but I seem to remember that when somebody falls overboard there is an emergency procedure that all sea captains have to observe.

Obviously this Captain went to the Simpsons school of seamanship.........

images
 
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Yea its obvious that if a person is overboard you just dont leave them there ,
thats why its interesting , cause yes it was the guys own fault and stupidity for doing that while on drugs and drunk , but still the captain has responsibility for everyone on the ship .
im not taking sides really as i dont know the full story.Is certainly major tho
 
carfreak said:
Yea its obvious that if a person is overboard you just dont leave them there ,
thats why its interesting , cause yes it was the guys own fault and stupidity for doing that while on drugs and drunk , but still the captain has responsibility for everyone on the ship .
im not taking sides really as i dont know the full story.Is certainly major tho
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You got it in one - responsible for everyone on the ship - but that guy wasn't :evil:

I'm only passing the time guys - everyone is entitled to one stupid mistake and he suffered the ultimate payback
 
Tony said:
You got it in one - responsible for everyone on the ship - but that guy wasn't :evil:

I'm only passing the time guys - everyone is entitled to one stupid mistake and he suffered the ultimate payback
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I understand your point......but allowing the body to wash up on shore to be found by other Tourists the following morning is unsettling.

Is there not a coast guard or rescue service in San Antonio???
 
Here is the report from the court hearing on Monday





A nephew of former Defence Minister Willie O'Dea drowned after jumping from a party boat in Spain because the captain ignored passengers' pleas to stop and help, a court heard yesterday.
Friends of Brazil Bourke begged Captain Jose Ribas (45) for assistance after the 21-year-old and a pal leaped from the top deck during a drunken cruise off Ibiza. But the skipper failed to call the coastguard and sailed more than a mile back to port leaving Mr Bourke to his fate, prosecutors said.
Horrified friends who tried desperately to throw him lifesavers from the deck found they were tied to the boat, they claimed.
Yesterday the parents of the victim came face to face with the Spanish captain in court as he stood trial for manslaughter.
Farmer John Bourke and his wife Mary travelled to Spain from their home in Hospital, Co Limerick, sitting just feet from the defendant during the one-day trial at Criminal Court number two in Ibiza.
State prosecutor Ruth Negreti told the panel of two judges that Mr Bourke's death was "preventable" had the captain acted differently on the night of the tragedy four years ago.
She said he was fully aware that two men were overboard more than a mile from the port, "but at no time was he concerned by the situation, nor did he stop to help".
Private prosecutor Luis Berastani Diez, representing the victim's family, said the captain had "abandoned" Mr Bourke.
The prosecutors called for Mr Ribas to be jailed for four years for manslaughter and be fined e18,000 for failing to help.
Overboard
The captain claimed he was only aware one person was overboard, and insists he saw that person swim safely to the shore. Mr Bourke, a student of Limerick Institute of Technology, was on holiday with a group of friends when they took the four-hour sunset cruise from San Antonio on July 31, 2006.
He had taken ecstasy and cocaine and had drunk heavily on the night he died, the court heard.
Five friends of the victim appeared as prosecution witnesses at the court during the seven-hour hearing.
The group of around 12 friends were among 186 revellers on the glass-bottomed Captain Nemo. At 9pm it began its voyage back to the port with all the party-goers on board. Shortly afterwards Mr Bourke's friend Patrick Bourke decided to jump from the top deck after being dared by another member of the group, Derek McGrath, the court was told.
Patrick Bourke, who admitted taking a tablet of ecstasy and having six or seven alcoholic drinks earlier in the night, was rescued by a passing boat after 90 minutes in the sea. But Mr Bourke's body was found washed up near the shore the following morning.
Patrick Bourke told the court: "I thought the boat was going to stop because we were so far out. It was travelling very fast and within a few seconds I couldn't see it. It all happened so quickly. When I realised it wasn't going to stop I took off my sandals and began to swim back. I didn't see anyone throw any lifesavers. The boat made no attempt to stop."
Another friend, Garry Henebry, said he pleaded with the captain for help. He said: "I tried to throw in a lifesaver but they were all tied up and I couldn't see any life vests."
The two judges are expected to return their verdicts and pass sentence if he is found guilty in about a fortnight.
- Tom Worden
 
Party Boat Captain cleared of Manslaughter. Captain Ribas found guilty on one count of a lesser charge of failing to come to the aid of someone requiring help.

In a 10-page written ruling released yesterday, the judge said prosecutors had failed to prove that Mr Ribas knew more than one person was overboard.

For that reason he was only convicted of one count of failing to assist. The judge ruled Mr Ribas was at fault for failing to call the coast guard after hearing there was a man overboard.


The Judge wrote, “the accused, despite knowing that the person had not reached land and the serious danger he was in being in the water, swimming at night, with considerable maritime traffic, decided he had finished his day's work, leaving the passenger to his own luck”.


“The omission of the captain consists in not advising the coast guard of the fall into the water.


“However, even if the accused had warned the coast guard, given the time required to launch a rescue, it is not proved in any way that the life of the deceased could have been saved.”

Luis Berastani Diez, representing the victim's family, said the ruling was “a travesty of justice” and that they would appeal to a higher court
 
Tony said:
You got it in one - responsible for everyone on the ship - but that guy wasn't :evil:

I'm only passing the time guys - everyone is entitled to one stupid mistake and he suffered the ultimate payback
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But the captain was more than happy to take their money and let them on the boat, regardless of their condition.

They were just stupid young kids, doesn't justify leaving them to drown. Shocking.
 
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