The skipper of a boat, who is accused of killing a friend in a drunken high-speed crash south of Perth, claims it was the deceased man rather than him who was driving the vessel when it hit a flashing navigational marker.
Kyle James Hartigan, 27, is on trial in the WA Supreme Court on a charge of unlawfully killing 35-year-old Daniel Lloyd, who died in the early hours of the morning on February 7, 2020.
Both he and Mr Hartigan were thrown from the boat when it hit the marker in the Peel Inlet. Mr Lloyd suffered a fractured skull and died at the scene.
Mr Hartigan was picked up by a friend who was in another boat.
The court was told the three men, who knew each other through work, had spent the evening before the crash drinking heavily when they made "the fateful" decision to go fishing.
State prosecutor, James Mactaggart, said Mr Hartigan and Mr Lloyd were in a powerboat owned by Mr Hartigan's father, while the third man was by himself in another vessel.
Powerboat was travelling at excessive speed: witnesses
The speed limit in the area was between 8 and 12 knots, but witnesses who were fishing in the area say they saw the powerboat travelling at excessive speed, the court heard.
The boat hit the navigational marker around about 1:00am and Mr Mactaggart said it was the prosecution's case that Mr Hartigan, who he said was driving, had simply not seen it.
"Because (Mr Hartigan) was intoxicated and because of the careless and reckless way he was driving the boat, he failed to see the marker and he hit the marker."
Accused was three to four times over the legal limit
A blood sample was taken from Mr Hartigan about 12 hours later, and the court was told an expert had calculated that his blood alcohol reading at the time of the crash would have been between 0.17 and 0.24, which is three to four times over the legal limit.
Mr Mactaggart said the boat, which had kept going after Mr Hartigan and Mr Lloyd were thrown from it, was later found by police in shallow water about two to three nautical miles away.
He said it was found "in the full throttle position" and "the whiff" of alcohol coming from it, "hit the officers in the face."
Tests of the boat later found it had a maximum speed of around 25 knots, which Mr Mactaggart said was "well above" the speed limit.
Mr Mactaggart said it was also alleged that Mr Hartigan had told a witness immediately after the crash it was his father's boat and he hit something.
Mr Lloyd was behind wheel, says defence lawyer
Mr Hartigan denies he was responsible for the crash and his friend's death.
His lawyer, Tom Percy QC, said the only issue for the jury to determine would be who was driving the boat.
"We say it was the deceased. The prosecution says it was the accused," Mr Percy said.
In an opening address, Mr Percy said Mr Hartigan, who had a recreational skippers' ticket, had been driving the vessel but it later changed when Mr Lloyd, who was in a moon boot became unsteady on his feet.
Mr Percy said there was only one seat on the boat so it was decided Mr Lloyd would sit in it, and because it was behind the drivers' wheel, "he took over the controls."
"From that point on the deceased was the driver," Mr Percy said.
The court was told it was likely Mr Hartigan would give evidence as part of his defence case.
The trial is expected to run for two weeks.
