Fury as coroner rules girl's death in boat crash NOT unlawful

A coroner has ruled that a girl who died in a speedboat crash was not unlawfully killed, as her family wept at the ruling. 

Coroner Henry Charles ruled that tragic Emily Lewis was not unlawfully killed when the speedboat she was in smashed into the buoy at 42mph and she was crushed to death.

Mr Charles - assistant coroner for Hampshire, Portsmouth and Southampton - suggested the incident was like a car accident, saying even if there had been 'a sustained course of poor driving', the crucial moment is in the final seconds.

However, Mr Charles raised concerns over the 'patchwork quilt of regulation' in the maritime industry and pointed out that it was in a 'state of flux'.

Simon Lewis and his wife Nikki had taken their daughters, Emily and Amy, on the Seadogz Ltd speedboat ride on Southampton Water as a summer holiday 'treat'.

Emily suffered fatal injuries after the rigid inflatable boat (RIB) - driven by Michael Lawrence - smashed into a a 4.5-metre buoy at 36.6kts (42mph) on August 22, 2020.

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The horror smash, which happened at 10am, led to 11 passengers being treated at hospital, with Mrs Lewis suffering a broken wrist, Amy suffering a broken arm, and Emily dying later that day from her chest injuries.

The schoolgirl, from Park Gate, near Southampton, suffered catastrophic chest injuries as she was crushed against a metal pole, which led to her tragically dying at Southampton General Hospital.

A two day inquest into the teens' death heard the vessel had been involved in three similar accidents in the eight and a half years preceding her death.

Today at Winchester Coroner's Court, Hants, Mr Charles gave a narrative conclusion.

Explaining his decision, Mr Charles said: 'The question I have to ask myself is [whether] what happened on that day, as committed by the skipper, was truly and exceptionally bad, so reprehensible as to justify the conclusion that it amounted to gross negligence and required criminal sanctions.

'We know, of course, the jury did acquit [Mr Lawrence] on the manslaughter charge.

'I'm afraid, and with due respect to eloquent and well-considered submissions in writing and orally which [family lawyer Dominique Smith] has provided, that I cannot find that what happened here is in the boundaries of unlawful killing.

'I'm not sure how helpful it is to compare one accident with another, but the courts are well experienced, sadly, in seeing for example road traffic collisions where there has been a sustained course of poor driving, but where the real causative elements are in the final seconds.

'It's right that such cases lead to an unlawful killing type conclusion or verdict.

'It also follows that I am not going to make reference to unlawful killing in a narrative conclusion.

'I am, however, going to provide a narrative conclusion.

'I completely accept that submissions made by Ms Smith, that a simple short form conclusion of accident would be simply inadequate.'

Mr Charles acknowledged that hearing the conclusion must be 'very difficult' for the family.

The coroner made reference to the 'patchwork quilt of regulation' in the maritime industry, and referred to the 'state of flux' which was pointed out in the Maritime Accident Investigation [MAIB] report.

He recalled the conclusions made by the government organisation and recognised that the teen was 'not suitable' for the seat provided.

Mr Charles said: 'Emily sustained fatal injuries when she struck the extended handhold in front of her during the impact.

'The MAIB identified a number of safety issues which contributed to the accident.

'The buoy was there to be seen, and seen for 14 seconds as calculated by the MAIB.

'It was the skipper's choice to operate the RIB at the speed he did, and to cross the wash of the Red Falcon Isle of Wight Ferry.'

Ahead of the conclusion, Dominique Smith - representing the family - described the negligence displayed by Mr Lawrence - who failed to spot the approaching buoy for 14 seconds - as as 'jaw dropping' and 'exceptionally bad'.

'It's not a matter of recklessness,' she added, 'it's a sustained total disregard to safety.'

Captain Emma Tiller - who led the investigation into the accident - said Emily should not have been assigned her seat due to her 'physical size and dimensions'.

Cpt Tiller, who works for the MIAB, said this meant she was 'unable to effectively brace' her self while using the seat.

The investigation also found that at the time of the accident, 'thrill rides' and similar activities were not specifically included in the MCA code of practise, and there was no 'industry approved Code of practise'.

'Consequently, the standards of safety management among UK operators of such boats varied considerably,' the report added.

It was heard that there is a 'patchwork of guidance' and there is not a unified approach between bodies when it comes to enforcing new legislation.

The MAIB had made multiple recommendations to the Maritime and Coastguard Agency (MCA) and Royal Yachting Association (RYA) in the preceding years, it was heard.

But, none of these had even been enforced.

Mr Lewis told the inquest into the death of his teenage daughter Emily that her death had been 'nothing short of devastating', adding that one should never expect to outlive their children.

Amy, who was 18 at the time of the crash, spoke of how she 'never imagined' not having her 'kind' sister around, and spoke of how she misses her everyday.

Skipper Mr Lawrence - nicknamed Mr Safe - was acquitted of gross negligence manslaughter at a trial in 2023 but was convicted of failing to maintain a proper lookout and a safe speed.

The then 55 year old was given an 18 week suspended sentence.

The inquest continues.