A JUDGE has warned of the dangers of combining driving powerful speedboats and drinking alcohol after a Cornish boatman was acquitted of man-slaughter by a jury at Truro Crown Court yesterday.

Philip Colver, who was born in Truro and went to Truro School, was found not guilty of the manslaughter of popular gig rower Ben Cochrane in an horrific boating accident in July 2005.

An experienced boatman, Colver had always denied the manslaughter of Mr Cochrane in the Carrick Roads but had admitted drinking alcohol on the day in question.

The jury, which was in retirement for more than four hours over two days, yesterday also found 32-year-old Colver not guilty of having inflicted grievous bodily harm on Mr Cochrane's brother Frazer.

After the unanimous verdicts had been announced Mr Justice Owen said: "The tragic outcome of the collision between the Carrie Kate (which Colver was driving) and the Kets (Mr Cochrane's 15ft dory) demonstrates all too clearly the dangers of driving powerboats at speed in waters where other boats are likely to be encountered.

"Driving at speed and in poor visibility endangers life. A power boat can be lethal weapon. The by-laws applicable to Falmouth harbour do not prescribe a limit for the consumption of alcohol for those in control of a power boat. They do state a person should not have drunk so much as to be unable to control his vessel.

"The public should appreciate the exhortation Do not drink and drive' applies as much to power boats as to motor vehicles."

During a seven-day trial Colver, who now lives in Lower Strand, Hughtown, St Mary's, Isles of Scilly, admitted that he had made mistakes in that he had driven the 21ft 5ins powerboat Carrie Kate, which had a 220hp engine, too fast, that he should have been displaying igation lights and that he should not have drunk so much alcohol.

But his counsel, Paul Dunkels QC, submitted that while Colver had been negligent, his negligence was not so gross as to be criminal.

Colver, who was acquitted on the direction of the judge of having inflicted grievous bodily harm on Chay Richardson, another passenger in Mr Cochrane's dory, admitted four breaches of the maritime regulations.

They were that he had failed to maintain a proper lookout, failed to proceed at a safe speed and failed to display navigation lights.

Colver received 150 hours community service for the maritime offence after the judge said he accepted his extreme remorse for what had happened and the fact that he had never shirked his responsibility for Ben Cochrane's death.

"I accept that you feel the most profound remorse and regret for what happened that night," said the judge "Not a day goes by when you don't think about what happened."

The fatal collision occurred in near darkness on July 16, 2005, just off Castle Point as Colver was returning to Falmouth from St Mawes. The Carrie Kate was travelling at about 25 knots and Mr Cochrane at 15 knots in the opposite direction. Neither vessel was displaying navigation lights.

The Carrie Kate powered over the smaller dory, landing on the other side.

Evidence included that from eye witnesses who were attending a wedding reception in the grounds of St Mawes Castle.

The jury also heard that both helmsman had been drinking. Mr Cochrane was two and a half times over the drink-drive limit at the time of his death and Colver twice above the limit two hours later.

Prior to the jury going out to consider its verdict on Monday, Colver denied that he had been showing off prior to the accident. Colver told the court he was not aware at the time of having caused any nuisance or inconvenience to other craft through the wash of the Carrie Kate.

After detailing his experience of boatmanship, including several years on ferryboats in the Isles of Scilly, Colver estimated his speed on leaving the harbour wall at 25 knots - "we weren't at full throttle but we were certainly on the plane," he said. He also accepted that he had not switched on his navigation lights. He had been standing at the wheel keeping a good lookout. He could not explain why he had not seen the Kets but thought he would have done so if the dory had been displaying lights.

Colver accepted that he had been travelling too fast in the conditions as he passed Castle Point and that he should not have drunk as much alcohol as he had during the day.

Permission He had been in the Carrie Kate three or four times and had driven it prior to July 16, but not on his own. He had felt confident in handling it.

Colver said he had been looking after the Malpas home of his employer, Paul Mac-Intosh, and had his permission to use the speedboat. He set off that day with two friends and went to Mylor for fuel and to St Mawes before going on to Falmouth. He then took another friend and his family to St Mawes and was given a guidance leaflet by the harbourmaster. That evening he met Ciaron Gray, Alison Jenkin and Rosanna Martin in Falmouth and went to St Mawes again.

Asked about the amount of alcohol he had consumed, Colver said he was not unsteady or incoherent. When he left harbour he did not think he was travelling too fast but accepted now that their speed had been too great.