Owner of Seadogz RIB Michael Howley failed to follow health and safety guidance, trial at Winchester Crown Court told

THE owner of a RIB which crashed into a buoy at Marchwood, killing a 15-year-old girl, believed health and safety guidance "did not apply" to him, a jury heard.

Michael Howley (51), of Stopples Lane, Hordle, had not known that his co-defendant and driver of the RIB on the day of the accident was speeding and wearing a mask, despite having found it "difficult to breathe" while wearing one himself on the water.

He is accused of failing to take all reasonable steps to ensure his Seadogz vessel was operated in a safe manner.

His co-defendant, 54-year-old Michael Lawrence, who crashed the boat while taking nearly a dozen passengers on a "thrill ride" on Southampton water on 22nd September 2020, has pleaded not guilty to gross negligence manslaughter of Emily Lewis. She suffered fatal injuries when her chest was crushed against a metal handrail.

During the trial at Winchester Crown Court, Howley told the jury he had intended to drive the RIB that day but was at home looking after his son while his three-year-old daughter was in hospital.

He contacted Lawrence who agreed, despite having "recently been shielding", the court heard.

Asked whether he knew if Lawrence had intended to wear a face mask while operating the RIB, Howley said he did not, and that skippers knew they were required to wear them only onshore if helping passengers with their life jackets.

Earlier in the trial, Howley had referred to having worn a mask with Lawrence on a corporate trip to Cornwall, telling the jury it was "extremely uncomfortable" and he'd had to remove it.

"It restricts your breathing because the water sprays up onto it," he said. "I discussed masks with the skippers – I wasn't going to wear one but I said that was their personal choice and I couldn't force them."

The trial also heard he told police in interview that his mask had been "flapping about", but he insisted in court it had not impaired his vision.

Howley said he was not told Lawrence was wearing a mask until after the incident.

"I can't remember if it was Mike (Lawrence) or Duncan Christie who told me about the mask going up in his eyes," he said.

The court heard Lawrence had also gone out without his handheld radio, which they were required to carry while on trips, and had exceeded the 40-knot speed limit to reach 47.8 knots.

Howley told the court he was "surprised" by this because Lawrence usually "stayed within the parameters" of what had been asked of him.

"The ideal speed was 28-30 knots but the vessels were more than capable of going up to 40," he said. "I was concerned about speed because of fuel burn."

Prosecutor Christine Agnew referred Howley to a list of health and safety guidance, much of which the defendant had not followed because he felt it was either not practical, not "safe practice" or unnecessary.

The safety code says that where a vessel is without crew members, it should be ensured one other person on board is briefed.

Ms Agnew said: "You considered the requirements of the code but you decided they didn't apply to you?"

"No," Howley replied. He conceded that health and safety issues like negotiating wakes, the dangers of other craft and distance from static objects like buoys were not discussed until a skipper had an issue.

"No-one ever had an issue with hitting a buoy so it hadn't come up," he said. "And they know how to deal with wakes – they are very capable.

"It was not written down but they were experienced and they knew what they were doing."

Ms Agnew pointed out there was no emergency action plan written down, to which Howley replied: "Everyone is ex-lifeboat so they know the procedures."

He also did not follow recommendations to brief passengers on the location of life rafts or how to release them because "the instructions were written down".

Furthermore, he accepted that when safety procedures were updated, this was relayed verbally but not written down for skippers.

Ms Agnew said: "The safety briefings were wholly dependent on what your skippers may or may not have remembered on the day."

Lawrence, of Hartsgrove Avenue, Blackfield, also denies failing to maintain a proper lookout and failing to proceed at a safe speed.

The trial continues.