Help came half an hour too late for mother and son in boating tragedy

A woman and her 10-year-old son who drowned after a boat capsized on Manukau Harbour had clung to the upturned hull for several hours, and at one point were even safe while walking on a sandbar.

But, when the sandbar fell away abruptly they dropped into deep water where they were unable to stay afloat any longer.

Sadly, help arrived 30 minutes later but it was too late for Gemma Ferregel and her son, Ryder.

Further details of the tragedy off Clarks Beach have been made public after the boat’s skipper, Kevin Andrew McQuire, 63, pleaded guilty to two manslaughter charges in the High Court at Auckland this week.

McQuire’s girlfriend, Ferregel, 38, and Ryder, died on November 6 in 2022 after his 4.8-metre boat capsized during a scalloping trip.

None of the five people on board was wearing a lifejacket when the boat tipped over.

Court documents show that McQuire had not checked the weather forecast that day, had no functioning radio on the boat, and there were not enough lifejackets for everyone on board.

All of the adults on the boat had been drinking alcohol but none was intoxicated.

Boy had been steering the boat

According to the Crown summary of facts, which were released to NZME, Ryder was steering the vessel with the scalloping net out which put it “considerably off course”.

McQuire took over the controls, opened the throttle of the motor and tried to bring the vessel back on course in winds gusting to 20 to 25 knots and waves of up to a metre.

Two waves then struck the boat and it capsized, throwing all the occupants into the water.

Ryder’s father, Newton Ferregel, told NZME he had “no anger” after hearing that McQuire had pleaded guilty to manslaughter.

“I’m happy there is an outcome,” he said. “We always knew Gemma and Ryder were alive and [Ryder had been] steering the boat. I dealt with this a long time ago - it’s two years down the track.

“I knew this from day one, so I have had time to process this, so no surprises,” Ferregel said.

“I have no anger. It’s all done and dusted.”

McQuire owned boat for 10 years

The summary of facts said that McQuire was an experienced skipper and had owned the Haines Signature boat, called “Deez Nuts” for 10 years.

He had earlier observed the weather and tidal conditions from the deck of his property about 2km from the Te Toro Reserve boat ramp, where he launched the boat, and the sea appeared calm.

But he did not check the weather by any other means, including the MetService marine forecast.

The forecast was for northeasterly winds of 10 to 15 knots and a slight sea, but choppy conditions when the wind opposed the tide.

Although the weather was fine at the start of the day it deteriorated from late morning and by the time the boat rounded Karaka Point and entered Manukau Harbour, the waves were steepening.

The worsening conditions were reflected in progressive updates to the marine weather forecast from MetService.

Once round the point, the boat was exposed to the full strength of the wind and waves.

Ryder had been wearing a lifejacket earlier in the trip but it was badly fitted and riding up, so he asked his mother to take it off.

After the vessel capsized, Ryder was initially trapped under the boat, but was rescued by another of the occupants, who swam under to retrieve him.

The group of two men, two women and Ryder were unable to right the boat, and could not call for help because there was no working radio and their cellphones were submerged within the vessel.

The summary said that the marine radio fitted to the boat had not worked in all of the 10 years that McQuire had owned it.

Two swam ashore to get help

The group managed to hang on to the vessel for four to five hours before two of the party, a man and a woman, decided to swim to shore to raise the alarm.

It took them two and a-half hours to do so.

McQuire, Gemma Ferregel and Ryder remained with the boat before McQuire realised that they were on a sandbar and he could touch the bottom.

They decided to walk along the sandbar, initially towing the boat until it became stuck and was left behind.

The two adults continued walking along the sandbar with Ryder being carried on McQuire’s back.

However, the sandbar ended abruptly and all three found themselves back in deep water.

They attempted to swim back on to the sandbar but were unable to do so.

“Both Gemma and Ryder were unable to stay afloat and subsequently drowned,” the summary said.

McQuire was able to tread water for about another 30 minutes before he was found and rescued by the Police Air Support Unit and Coastguard.

Search lasted 15 days

Gemma Ferregel was recovered from the water and attempts were made to resuscitate her without success.

Ryder’s body was not found despite an extensive 15-day search operation.

Under maritime laws and regulations, the skipper is legally responsible for the safety of everyone on board a boat.

McQuire will be sentenced in December.

 - By Ric Stevens

 - Open Justice reporter