VIC:Coroner slams boat salesman

AAP General News (Australia)
08-05-2010
VIC:Coroner slams boat salesman

By Jeff Turnbull

MELBOURNE, Aug 5 AAP - A Victorian coroner has criticised a boat salesman who he found
had withheld vital information about the seaworthiness of a 55-year-old wooden cruiser
which later exploded, killing two people.

Alex Elliot, 84, and his wife Jennifer, 82, died at Pier 35 at Port Melbourne on May
3, 2008, when the boat, newly purchased by their son Anthony, exploded after it was refuelled.

Fuel vapours had built up in the bilge during the refuelling, and when Anthony Elliott
switched on the port engine the boat blew up, killing his parents and badly injuring his
then partner Marija Groen.

Coroner Peter White described Scott O'Hare, a director of Aussie Boat Sales (ABS),
as an unreliable witness whose evidence he could not believe.

In his findings he found Mr O'Hare had lied to Mr Elliot in telling him the petrol
tanks on the Leda II had been inspected and cleaned and would not need to be removed for
cleaning or replaced.

"At the time, I am satisfied that Mr O'Hare was driven by a concern that any such work
would be costly and was impractical, and may become an impediment to the sale," Mr White
said.

Mr O'Hare had also discouraged Mr Elliot in the lead-up to the sale from arranging
a survey of the boat, saying it was not worth the expense.

Mr White said ABS had told the previous owner the Halvorsen cruiser was sold for $18,000
when, in fact, they had sold it to Mr Elliot for $28,000.

The inquest had heard that a more experienced yachtsman, Graham Dobson, had inspected
the Leda II at the Williamstown Anchorage Marina on April 20 and concluded that the starboard
and port engines would need replacing at a cost of around $30,000 each.

He also thought that the general condition of the fuel lines, wiring and bilge blowers
were such that they probably needed replacing.

Mr White said that Mr O'Hare, and another ABS salesman Phillip Grundy, had "falsely
described both its intrinsic quality and its level of seaworthiness" in the Leda II's
advertising material.

"It is also relevant that no mention was made in this material, or in any other communication
with Mr Elliot, as to the existence of a fuel vapour detector."

He said that the two ABS salesmen and marine mechanic Paul Collins, who had worked
on the boat's engines, understood that the contamination of the fuel lines was likely
to affect the safety of the vessel.

On a sea trial on April 26 with Mr Elliot aboard, the boat's engines backfired, giving
off a lot of smoke before finally cutting out.

Mr White said Mr O'Hare was aware of the inexperience of Mr Elliot and that his actions
effectively denied him the opportunity to make informed decisions about the use of the
Leda 11.

"This denial of opportunity contributed to the tragedy which then occurred," Mr White said.

Mr White recommended that all boats 15 years and older should have to be surveyed before
they are sold, and Victoria Police should be given more resources to increase policing
on the water.

He also called for the state government to introduce legislation to establish general
design standards that include minimum requirements.

Outside the court, Ms Groen, who now walks with the aid of a cane, said she hoped the
recommendations would be acted upon "so all this is not in vain".

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KEYWORD: ELLIOT WRAP

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