Only solution for Phuket boat collision appears to be court

[Lite Beer]

Only solution for Phuket boat collision appears to be court
Tanyaluk Sakoot

The North Star

PHUKET: An incident which saw two boats collide close to Mai Ton Island on Saturday (April 11) seems to have reached a stalemate with the only solution appearing to be the Civil Court.

The collision between the North Star dive boat, owned by the Rawai based Aqua Center Thailand, and which had 60 divers on board, and the Starship yacht left the latter slightly damaged and saw two of its passengers allegedly thrown overboard.

The wife of the owner of Starship, and a witness to the incident, Paiwan Sridan Gilbert, told The Phuket News, “We travelled from Langkawi to go to Koh Phi Phi on April 5 and reached Koh Phi Phi on April 10 where we stopped for a night.

“We left Koh Phi Phi for Chalong Pier at 5:30am on Saturday. We reached Mai Ton Island at about 9am and noticed the North Star coming towards us. We had in fact already seen North Star departing from Chalong far away in the distance.

“North Star didn̕t stop and continued towards us. It crashed into us very hard.

“We were afraid and thought our boat would sink.

“The crash caused one of our passengers to fall overboard into the sea, and another to fall onto North Star, it was that close.

“After crashing into us North Star did not stop to see what had happened. They drove away still with our passenger on board.

“He was crying out for help so the North Star turned back. It hit us again.

“I shouted for our passenger to jump back to our boat, but a man from North Star kicked him into the water.

“The owners of North Star have yet to contact me, but our boat is being checked for damage and I have left it to my lawyer to deal with everything,” said Ms Gilbert.

The owner of Starship, Gary Gilbert added, "When I realised he was on collision course I blew my horn five times [the international collision warning signal]. He replied with three blasts which I now know means 'I am going astern'.

But Mr Gilbert says that the North Star neither turned, slowed, nor tried in any way to avoid a collision.

He himself was steering the boat and could not turn starboard making it impossible for him to get out of the way without gybing the boat and endangering his crew, so he tried turning port.

"North Star is a powerful vessel and he could have easily have avoided us,"said Mr Gilbert.

In fact, Mr Gilbert said if Starship had not been in the way, North Star would probably have hit Mai Thon Island. "He was on a collision course with the island. If he hadn't hit us he would have hit the island. It was only about 300 metres away."

Mr Gilbert too claimed that his passenger, Jens Ole Vibild, 21, fell onto North Star as a result of the collision, and that once it had detangled itself from Starship motored away, going in a circle and then coming back. When it drew close a member of the North Star crew put his foot on Mr Vibild's back and pushed him overboard.

Meanwhile, a representative of Aqua Center Thailand who declined to give her name, denied to The Phuket News that North Star smashed into Starship.

She said, “Starship was in North Star̕s way. We warned them and they should have got out of the way.

“We did not smash into them. If we smashed into them they would not be alive because our boat is bigger than their boat. It was just a bump.

“Before the boats collided North Star turned back but Starship still came towards us until the boats collided.

“We have met at the police station already, and we believe it is not our fault. If they want money for damages then we will go to court,” she said.

She also stated that they have not yet checked if any members of the crew from North Star kicked the man who fell onto the vessel into the sea, but they will look into it.

Dave McGuire - in charge of the North Star at the time of the incident – posted on his Facebook:"story so far...........the sail boat hit North Star. We have 2 vids1 from instructor and one from guest, the sail boat captain says he was on (auto) pilot and the video agrees everyone was fishing at the stern???,nobody sailing the SAIL boat??? North Star had put all gears in reverse and had stopped when the sailboat HIT North Star!!! Come on the local papers check both sides of the story before you go to print. 2 vids folks watch this space."

Lt Col Panya Chaichana of the Phuket Marine Police told The Phuket News, “I have passed this case on to Vichit Police Station,.”

Vichit police said, “Both sides do not want to talk about damage payment that happened from the incident. I knew that they will called their lawyers to deal with it.”

Source: http://www.thephuketnews.com/only-solution-for-phuket-boat-collision-appears-to-be-court-51920.php

-- Phuket News 2015-04-17

[thequietman]

so, if it's a car, a motorbike, a pick up, a tuk tuk, a truck, a HGV, an etan or a boat...................... just put keys into a Thai persons hands and Hey Presto !

Instant A-Hole.

Don't give way on the roads..................... don't give way on the high seas. Amazing Thailand indeed.

[Commerce]

So now it's 'ship rage'.

[KarenBravo]

If the yacht was sailing. Motor gives way to sail.

If the yacht was stationary, then, running vessel has to avoid collision.

A collision under these circumstances, is the fault of the dive-boat.

Edited April 18, 2015 by KarenBravo

[Searat7]

If vessels were both underway there are very specific international rules showing who has the right of way. The point of impact on the vessels will help determine this. I suspect one captain decided he was supreme and everyone should get out of his way.

[2fishin2]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

[nahkit]

so, if it's a car, a motorbike, a pick up, a tuk tuk, a truck, a HGV, an etan or a boat...................... just put keys into a Thai persons hands and Hey Presto !

Instant A-Hole.

Don't give way on the roads..................... don't give way on the high seas. Amazing Thailand indeed.

Except one boat was skippered by a Mr Gary Gilbert and the other by Mr Dave McQuire and neither of those names sound very Thai to me.

[nahkit]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

[2fishin2]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

Ok then my bet is the dive boat will pay. And as far as my statement about idiot Thai boat drivers, it still stands Edited April 18, 2015 by 2fishin2

[oneday]

"...She said, “Starship was in North Star̕s way. We warned them and they should have got out of the way..."

Typical Thai attitude. This statement right here tells me who was at fault. It says, North Stars had the right to be where they were and go where they wanted and be damned who was in the way.

Also, it would be hard to dispute the fact someone on North Stars put their foot in a Starship passengers back and pushed them overboard with so many witnesses. Thais honk their horns in cars all the time if they think you don't see them and you are in their way and it always feels like if you don't get out of their way they will hit you.

All this happened and no one had a video. Too bad.

[2fishin2]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

And where in the report does it say that?

[harrry]

So the power boat flashed its headlights at the sail boat and so it should have got out of the way.

How Thai.

Steam gives way to sail....rule one.

[61guitarman61]

"Meanwhile, a representative of Aqua Center Thailand who declined to give her name, denied to The Phuket News that North Star smashed into Starship.

She said, “Starship was in North Star̕s way. We warned them and they should have got out of the way.

“We did not smash into them. If we smashed into them they would not be alive because our boat is bigger than their boat. It was just a bump.

“Before the boats collided North Star turned back but Starship still came towards us until the boats collided.

“We have met at the police station already, and we believe it is not our fault. If they want money for damages then we will go to court,” she said."

This is going to be a battle of bribes. Whoever has the biggest bank account will win. Typical Thai justice.......

[stevenl]

Whenever I drive a vehicle here and have right of way I make very clear I am taking that right of way. But I always make sure I can stop in case somebody ignores the rules. And I do that whereever I drive or ride.

When sailing, not often but it does happen sometimes, I apply the same, and take into account that bigger boats can take quite some time to change direction or speed.

Now in this case it looks to me like the sailboat had right of way, but forgot to adhere to the principle of always being able to stop since they were very busy with other things but driving the boat. And that is never a good idea in a shipping lane.

And it also looks like they should not have shouted as much as they did about what happened in the accident, because their story is contradicted by 2 videos taken by witnesses.

[stevenl]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

Diveboat was driven by a Thai.

[2fishin2]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

Diveboat was driven by a Thai.

Which would make all the sense in the world. Cant imagine what would happen is a white guy was caught driving one.

[Johnny S]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

There is a first for most Things .... 55555

[nahkit]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

And where in the report does it say that?

"The owner of Starship, Gary Gilbert added, "When I realised he was on collision course I blew my horn five times [the international collision warning signal]. He replied with three blasts which I now know means 'I am going astern'.

But Mr Gilbert says that the North Star neither turned, slowed, nor tried in any way to avoid a collision.

He himself was steering the boat and could not turn starboard making it impossible for him to get out of the way without gybing the boat and endangering his crew, so he tried turning port."

"Dave McGuire - in charge of the North Star at the time of the incident"

Is that clear enough for you?

[nahkit]

Both boats were underway as the story goes which by the way, there is much more to the story that is being told. My bet knowing how much of idiots Thai boat drivers are (and especially dive boats) 100% their fault.

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

Diveboat was driven by a Thai.

"Dave McGuire - in charge of the North Star at the time of the incident"

To me, in charge means you are responsible for the handling of the boat.

[KarenBravo]

The captain is in charge of a boat. Not the owner, or an owner's representative.

Therefore, the Thai captain would have been in charge.

[stevenl]

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

Diveboat was driven by a Thai.

"Dave McGuire - in charge of the North Star at the time of the incident"

To me, in charge means you are responsible for the handling of the boat.

Yes, could mean that to you, but that means you're wrong.

What it means is that he was responsible for the diving part of the trip, not the seamanship, that is the responsibility of the captain.

[2fishin2]

"In charge" is not "captain" so we are assuming here. Captain is responsible for boat, whomever that was but my assumption it was a Thai. Could be wrong, could be right. It is an assumption.

[monkeycountry]

I am guessing traffic at sea is just like traffic on the roads in Thailand, so noone has any idea what to do :-)

In any case, pushing someone overboard, if true, is probably a criminal charge, and should be treated as such - might even be attempted murder?

[nahkit]

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

Diveboat was driven by a Thai.

"Dave McGuire - in charge of the North Star at the time of the incident"

To me, in charge means you are responsible for the handling of the boat.

Yes, could mean that to you, but that means you're wrong.

What it means is that he was responsible for the diving part of the trip, not the seamanship, that is the responsibility of the captain.

Then we'll just have to agree to differ.

[NamKangMan]

A quick google reveals this website, with information about "Dave McGuire." No mention of him being Captain of the boat.

http://www.aquacenterthailand.com/phuket-diving-scuba-about-us.php

[cloudhopper]

Whenever I drive a vehicle here and have right of way I make very clear I am taking that right of way. But I always make sure I can stop in case somebody ignores the rules. And I do that whereever I drive or ride.

When sailing, not often but it does happen sometimes, I apply the same, and take into account that bigger boats can take quite some time to change direction or speed.

Now in this case it looks to me like the sailboat had right of way, but forgot to adhere to the principle of always being able to stop since they were very busy with other things but driving the boat. And that is never a good idea in a shipping lane.

And it also looks like they should not have shouted as much as they did about what happened in the accident, because their story is contradicted by 2 videos taken by witnesses.

That dive boat is far more maneuverable than a boat under sail and would never have right of way under any normal circumstances. Have you seen these videos?

[cloudhopper]

If vessels were both underway there are very specific international rules showing who has the right of way. The point of impact on the vessels will help determine this. I suspect one captain decided he was supreme and everyone should get out of his way.

Yes the regs are quite clear - the sail boat is obligated to hold course and the power boat is obligated to change course and/or speed to avoid collision.. It does not matter who hit who only which vessel had right of way.

Edited April 20, 2015 by cloudhopper

[stevenl]

Another one who cant read, according to the report, neither boat was 'driven' by a Thai.

Diveboat was driven by a Thai.

"Dave McGuire - in charge of the North Star at the time of the incident"

To me, in charge means you are responsible for the handling of the boat.

Yes, could mean that to you, but that means you're wrong.

What it means is that he was responsible for the diving part of the trip, not the seamanship, that is the responsibility of the captain.

Then we'll just have to agree to differ.

Sorry, your opinion on the wording does not change the facts: he was not driving, not the captain and not responsible for the driving.

[stevenl]

Whenever I drive a vehicle here and have right of way I make very clear I am taking that right of way. But I always make sure I can stop in case somebody ignores the rules. And I do that whereever I drive or ride.

When sailing, not often but it does happen sometimes, I apply the same, and take into account that bigger boats can take quite some time to change direction or speed.

Now in this case it looks to me like the sailboat had right of way, but forgot to adhere to the principle of always being able to stop since they were very busy with other things but driving the boat. And that is never a good idea in a shipping lane.

And it also looks like they should not have shouted as much as they did about what happened in the accident, because their story is contradicted by 2 videos taken by witnesses.

That dive boat is far more maneuverable than a boat under sail and would never have right of way under any normal circumstances. Have you seen these videos?

I have seen one of the videos.

As I said, I think the sailboat had right of way, but also acted unwise on several fronts.

[cloudhopper]

And it also looks like they should not have shouted as much as they did about what happened in the accident, because their story is contradicted by 2 videos taken by witnesses.

So which of their allegations is contradicted by the video you saw then?