Criminal charges after MOB incident?

11:18 AM Wed 2 Dec 2009 GMT

'Andrew Witton went overboard from this yacht in the remote South Pacific' .

One of the scariest aspects of sailing far from land is the fear of going overboard. Sailing folklore is full of stories of crew alone on deck and lost overboard never to be seen again.

Even in calm seas, it might be a sudden freak wave, missing your step, leaning over to catch a caught fishing line, any of many reasons why long range sailors should stay hooked on while away from shore.

So why is THIS yachtsman facing potential criminal charges because he said his sailing mate went overboard while he was asleep?

THE case of a yachtsman who went missing in a remote stretch of the Pacific Ocean may be referred to the Director of Public Prosecutions for consideration of criminal charges in a case being held in Australia currently.

Australian Andrew Witton from Coff's Harbour in New South Wales was sailing from Tahiti to the Galapagos Islands with his friend Simon Golding when he disappeared from his yacht, Kaileia, on January 13, 2007. His body has never been found.

An inquest at the State Coroner's Court in Sydney's suburb of Glebe has heard that Mr Witton and Mr Golding were about 300nm south of Pitcairn Island, without an HF radio, when Mr Witton vanished.

At the outset of the inquest, counsel assisting, Geoffrey Denman, suggested the coroner might make a finding of accidental death or deliver an open finding - ruling that there was insufficient evidence to determine how Mr Witton died.

But when the inquest resumed this week after hearing all the evidence, the coroner, Mary Jerram, said she was considering referring the case to the DPP, who would determine whether to lay charges against 'a known person'.

Andrew Witton - suspicions raised about his disappearance - .. .

'I came to the view that there could well be sufficient [evidence] there, but I'm still open minded about it,' Ms Jerram said.

Mr Golding gave evidence last week, telling the court he had been asleep below deck on January 13, 2007, and woke to find his skipper was no longer on board. He allegedly reported him missing after arriving in the Galapagos Islands on February 10.

Mr Golding told the court he had not pushed Mr Witton overboard or killed him, and described as ridiculous the allegation that he pushed his friend off the yacht to take control of it.

Questioned why he declined help from another yacht he encountered four days later on January 17 - including an offer to use its HF radio - Mr Golding said he felt he had the situation 'under control'.

An ex-girlfriend of Mr Golding's, Kylie Dean, was called at the inquest and told how he desperately wanted a yacht.

She said he spent a lot of time on the computer emailing brokers and looking at boats, but was frustrated by how expensive they were. 'I remember Simon saying the only way he would get one would be to go sailing and push someone overboard,' Ms Dean told the court. 'I didn't take it seriously; I thought that he was joking.' Their relationship ended in 2001.

Ms Jerram adjourned proceedings until Thursday week, when she will hear submissions about whether or not she should refer the case to the DPP.

The relevance for sailors in this case is that tragically so many husbands, wives, crew members have been in the same situation. Out on the ocean there are no witnesses.

Two pieces of evidence seem to have made the difference here. First, that Goldman allegedly refused to use another yacht's HF radio, and the remark is is alleged to have made to his previous girlfriend sometime before 2001.

Keep watching Sail-World Cruising for the outcome...

by Sail-World Cruising roundup