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Central Saanich boater wantonly neglected lives and safety, court told

A Central Saanich boater who seriously injured three people when he crashed into a slow- moving boat in Tod Inlet after the fireworks display at Butchart Gardens three years ago showed a wanton disregard for the lives and safety of kayakers and canoe
Victoria courthouse generic photo
Michael Gettle, 51, is charged with criminal negligence causing bodily harm to Anne, Earl and Brent Henderson on Aug. 1, 2015. He is also charged with three counts of dangerous operation of a motor vessel causing bodily harm.

A Central Saanich boater who seriously injured three people when he crashed into a slow- moving boat in Tod Inlet after the fireworks display at Butchart Gardens three years ago showed a wanton disregard for the lives and safety of kayakers and canoeists, the Crown charged Friday in B.C. Supreme Court.

Michael Gettle, 51, is charged with criminal negligence causing bodily harm to Anne, Earl and Brent Henderson on Aug. 1, 2015. He is also charged with three counts of dangerous operation of a motor vessel causing bodily harm.

Two Crown witnesses testified that Gettle’s powerboat had to reach a speed of 32 kilometres an hour to get on plane, prosecutor Steve Fudge said in his final submissions.

Gettle testified that he was driving the boat at 10 to 15 kilometres per hour to get enough speed to make the boat level or on plane. The boat was on plane for three or four minutes as they left Tod Inlet.

“To put the boat up on plane was dangerous,” Fudge said.

“The fact that Mr. Gettle came up the inlet with kayakers and paddleboarders and didn’t hurt anyone is not evidence that he was operating his boat in a safe manner. … If he collided with one of them, the results would almost certainly have been fatal.”

Fudge urged B.C. Supreme Court Justice Jennifer Power to disbelieve Gettle’s testimony that someone pushed or kicked the throttle of the boat.

“He never saw anyone touch the throttle or him and he never felt anyone touch the throttle or him. But somehow it magically leapt forward with a kick or a push from behind while he was driving the boat on plane in the darkness in Tod Inlet,” Fudge said.

The prosecutor also noted that when the alleged push occurred, Gettle’s first reaction was to turn around and swear at the people in the back seat, not pull back on the throttle.

“It’s not a believable story,” Fudge said.

“It never happened.”

Defence lawyer Ryan Drury said the evidence heard by the court does not meet the test for criminal negligence causing bodily harm.

Criminal negligence causing bodily harm requires a finding that a person’s conduct was a marked and substantial departure from what a reasonable person would do in the circumstances.

“The evidence is one of speed of a motorboat,” Drury said.

“There’s no other dangerous operation or conduct that’s alleged other than speed. There’s no swerving, no stunting. The boat was proceeding in a straight line.”

The court did not hear expert evidence on how fast the boat was going. No crash reconstruction was done to give the court confidence in the speed of the boat, Drury said.

Even if the court finds that the motor boat was going at an excessive speed, “that does not lead to dangerous operation of the vessel,” Drury said.

The defence lawyer urged the judge to accept Gettle’s testimony.

“He gave his evidence in a very sincere and straightforward manner. He’s an experienced boater. … He made his way out of the inlet 30 minutes after the fireworks. By that time traffic had slowed,” said Drury.

No one testified that Gettle operated the boat in a dangerous manner. No one said Gettle was in a hurry. There was also no evidence that he was affected by drugs or alcohol, Drury said.

Speed signs in the area are not official and are not illuminated at night, he said.

Gettle’s testimony that someone pushed or kicked the throttle should raise a doubt that he’s responsible for bodily harm, Drury said.

“Even if you find it was a mistake to operate the boat at 10 to 15 kilometres an hour and find he was negligent to a level of civil liability, the evidence before you ought not to attract criminal liability,” Drury said.

Power is expected to deliver her judgment on the case next week.

ldickson@timescolonist.com