Enchanter tragedy: Skipper’s decisions increased risk of vessel being hit by large wave, court hears

Enchanter skipper, Lance Goodhew, on trial in Whangārei on 6 May, 2024.

Lance Goodhew.
Photo: RNZ / Peter de Graaf

The skipper involved in a boating tragedy that claimed five lives off North Cape two years ago made a series of decisions that increased the risk of the vessel being hit by a large wave, a Northland court has heard.

Far North man Lance Goodhew is on trial for allegedly breaching his duties as skipper of the Enchanter and putting individuals at risk of serious harm or death.

The charter fishing boat was returning from what was described in court as a five-day “trip of a lifetime” to the Three Kings Islands, about 80 kilometres north of Cape Rēinga, when it was struck by a massive wave on the evening of 20 March 2022.

The impact, off North Cape’s Murimotu Island, capsized the vessel and ripped off its flybridge and cabin, throwing the two crew and eight passengers into the water.

Nine survived the capsize and five of those were winched from the wreckage by the Northland Electricity Rescue Helicopter.

The other four, however, died before they could be rescued.

The judge-alone trial began in Whangārei District Court on Monday morning.

Maritime New Zealand prosecutor Sam McMullan.
Photo: RNZ / Peter de Graaf

In his opening address, Maritime New Zealand prosecutor Sam McMullan told the court a reasonably careful mariner would not have left the Three Kings Islands given the sea state and weather conditions at that time – and once he approached North Cape, he would not have travelled so close to shore, beam-on to the waves, or in poor light.

Those factors made the risk of encountering a large wave more likely, the vessel less likely to withstand it, and the skipper less likely to see the oncoming wave, McMullan said.

Defence counsel Fletcher Pilditch KC, however, said the requirement to take reasonable care did not mean a skipper had to foresee or predict every possible risk, however remote.

The first witness called was deckhand Kobe O’Neil, of Whangārei.

He was cross-examined about who made decisions on board the Enchanter relating to weather, about the conditions when they left the Princess group of islands at the Three Kings, and about the route taken around North Cape.

O’Neil said the wind had eased and the swell was 1.5-2 metres when the Enchanter left the Three Kings.

On the way back to North Cape they were “punching through pretty lumpy swells” with a wind of about 20 knots, but conditions gradually improved.

Defence counsel Fletcher Pilditch KC.
Photo: RNZ / Peter de Graaf

Originally, Goodhew faced one charge and his company, L and M Goodhew Ltd, faced two – one of exposing individuals to the risk of death or serious injury, and one of operating a ship without personnel holding the required medical qualifications.

However, as the trial got underway, McMullan said Maritime New Zealand would not be presenting evidence on the two charges against the company.

Those charges were then dismissed by Judge Philip Rzepecky.

The trial was expected to take three weeks.

Two passengers, Peter Ward and Jayde Cook, as well as Maritime New Zealand investigator Tracy Phillips were due to give evidence on Tuesday.

Normally a court case relating to an incident at North Cape would be held in Kaitāia District Court.

However, because Kaitāia has only one court room, Judge Rzepecky said that would lead to inordinate delays both to the Enchanter trial and other business in the Kaitāia court.