Boat builder wins Excalibur Manslaughter Appeal

by Rob Kothe on 18 Dec 2009 An Australian boatbuilder has won his appeal against a manslaughter conviction over the deaths of four people when their yacht lost its keel and capsized at sea.

Melbourne boat builder Alex Cittadini 51, was sentenced in July 2009 by the NSW Supreme Court over the deaths of Christopher Heyes, 51, Peter McLeod, Anne-Maree Pope, 30 and Tracey Luke, 32.

The Alan Saunders owned 15 metre yacht Excalibur after competing in regattas at both Airlie Beach and Hamilton Island. There had been some concerns about the boat's appendages at Hamilton Island and she was lifted from the water there. She began showing signs of keel problems near Seal Rocks off the NSW mid-north coast, on its way back from the Whitsundays in September 2002,

The crew reduced sail and began heading to Port Stephens, but the keel and bulb broke away completely and the yacht capsized. Four of the crew were drowned.

Excalibur's skipper, Brian McDermott, and crew John Rogers were the only survivors of the capsize.

The two sailors spent seven hours clinging together in heavy seas before being rescued by a bulk carrier after setting off a personal Epirb. The 60,000 tonne carried was directed to their GPS position by AMSA and nearly ran the pair down.

When the yacht was salvaged it was found that the 2.5m keel had been cut horizontally and re-welded during its construction, which dramatically reduced its strength. The cut had been rendered less visible with having been polished across the weld line.

The Excalibur was built at the Applied Alloy Yachts factory in Bayswater, Melbourne, where Cittadini was both a co-director and supervising engineer.

In April 2009, Adrian Presland, the welder in charge of the keel construction was acquitted from the same manslaughter charges. Prosecutors failed to prove that he was responsible beyond a reasonable doubt for the work on the Excalibur.

In the subsequent case the Crown alleged his employer Alex Cittadini had been criminally negligent in allowing the delivery of the yacht with a major fault. It had been launched just four months before the fatal incident.

Cittadini, was found guilty of manslaughter and was sentenced to three years' jail with an 18 months non-parole period.

Handing down his sentence, Judge Stephen Norrish had said: 'The degree of negligence was serious. As the manager of the business he was under a duty (to provide) proper quality control.' The Judge said he was not convinced that Cittadini knew about the shoddy workmanship. 'There's no suggestion he did the welding,' said Norrish. 'The person who did it may have hid it from the accused.'

Judge Norrish told the court there was an 'element of inexperience' in Cittadini's employees when it came to making yachts. 'I am satisfied he would have rectified the fault if he knew,' the judge said. 'This case would appear to be a case of manslaughter by omission.'

After the case Judge Norrish granted Cittadini bail pending an appeal over his conviction on the condition he report to Melbourne’s Box Hill police station daily, and that a surety of $50,000 be deposited on his behalf.

Today the NSW Court of Criminal Appeal has today overturned the conviction of Alex Cittadini.

The Court overturned Cittadini's convictions, determining the lower court verdict was 'unreasonable' and the Crown Prosecutor's final address has caused 'a miscarriage of justice'.

The NSW Court of Criminal Appeal had heard the Melbourne boat builder was unaware that the keel of the million-dollar yacht had been cut and re-welded.

Outside the court, Cittadini welcomed a decision and expressed his sympathy for the families of the victims.