Falmouth jet ski crash victim speaks out
7:00am Thursday 21st March 2013 in News
By Greg Fountain, Reporter/Photographer
Alan Cairns, who broke his hip, shattered his pelvis and lost three and a half pints of blood was jointly charged with Anthony Eva and a youth that cannot be named.
A Falmouth shipyard worker badly injured in a jet ski crash says he has “lost faith” in the harbour authority that took him to court over the accident.
Alan Cairns broke his hip and shattered his pelvis after a child with little experience riding jet skis smashed into him in July of last year, Truro Magistrates’ Court heard last Wednesday.
He lost three and half pints of blood on the way to the hospital, has suffered blood clots and infection since and will need a full hip replacement.
Mr Cairns, of Dracaena Avenue, was jointly charged with Anthony Eva, Porham Green, and the youth – who cannot be named for legal reasons – of the marine equivalent of careless driving.
Falmouth Harbour Commissioners (FHC) brought the case to court, claiming that all three were riding jet skis without care and caution and at such speed that it could have endangered lives.
Yet the magistrates were not swayed by the prosecution’s case that jumping the wake of power boats amounted to carelessness and that all three were “equally to blame for the accident.”
Instead, chair of the magistrates David Jarrett described what happened as a “tragic accident” that resulted from the trio doing “what jet skiers do.” All three were acquitted.
Alan, aged 52, is still picking up the pieces from the accident – with two further surgeries scheduled between now and summer - and he is annoyed that FHC tried to “make an example” of him and his friend Anthony.
“I have used their facilities and launched there for years and tried to be a law abiding citizen, but my faith has gone in them now,” he said.
“They know it was just very unfortunate what happened, it was three people doing what jet skiers do.
“All we have done is given them information and they used it against us. They tried twisting it and calling me a liar.”
A “Falmouth man” who has lived in the town all his life, Alan has four decades of experience on the water and questioned why FHC did not do more to publicise their own bye-laws.
“They have got to educate people,” he said.
“They have probably wasted thousands of pounds on this [court case]. Why not spend that money on new signs and educate people?
“It’s no good bolting the gate after the horse has bolted and that’s what has happened.”
For their part, the FHC said the case was “hampered” by an inability to apply the marine equivalent of the Highway Code, known as “collision regulations.”
Harbour master Mark Sansom said: “We are disappointed with the verdict but have no regrets in bringing the prosecution.
“It is important for all those using craft afloat to understand that there are rules about how they conduct themselves regardless of what type of activity they are undertaking.”
Alan said he was glad relieved to get the court case “out of the way” so he could “concentrate on the next chapter” of his life.
“We should never have been in court in the first place,” he said.
“They were trying to make an example of us and it’s backfired.”
RELATED LINKS:
Falmouth pair's jet ski crash 'not guilty' verdict
Injured jet ski rider thanks 'brilliant' RNLI
Falmouth man seriously injured after high-speed jet ski crash
Comments(2)
might be right
says...
10:17pm Fri 22 Mar 13
Wave wrote:they were experienced but did not see a child ???
What is the problem with being taken to court? Being taken to court is not a punishment it's a method of examining professionally what happened to see if there was anything determined to be criminal in the serious incident. As it turned out there wasn't.
Losing a court case is not a back fire, they put the case to justice to see what the result was, it's nothing to do with win or lose is it?
Sometime it needs a case to go to court for useful information and precedents to be found for the future.
And as the FHC says they have no regrets about bring the case.
Things will have been learned.
I would like to know what caused the accident. As it obviously did happen at a speed that was a danger to lives. He nearly died.
Wave says...
12:00pm Thu 21 Mar 13
Losing a court case is not a back fire, they put the case to justice to see what the result was, it's nothing to do with win or lose is it?
Sometime it needs a case to go to court for useful information and precedents to be found for the future.
And as the FHC says they have no regrets about bring the case.
Things will have been learned.
I would like to know what caused the accident. As it obviously did happen at a speed that was a danger to lives. He nearly died.