Three independent sources proved that the yacht which had a near miss or collision with the P and O ferry Pride of Bilbao in the early hours of August 21 last year was the Ouzo, Winchester Crown Court was told yesterday.
Michael Hubble, 62, who denies manslaughter through gross negligence, and also engaging in conduct likely to cause death or serious injury, was officer of the watch when it is alleged the ferry either swamped or collided with the yacht, causing the deaths of the Ouzo's three man crew.
Mr Hubble, a seaman with 40 years' experience, told police that he saw a yacht pass close but he spotted its lights astern as the ferry passed and he did not think there was a problem. He did not accept that the yacht involved was the Ouzo, the court heard.
The jury was told by prosecutor Christopher Parker QC that it was possible to track the progress of the Ouzo after it left Bembridge on the Isle of Wight heading for Dartmouth.
The barrister said the mobile phones of the three friends could be followed from phone masts on the island, and it was also possible to track the yacht from shore-based radar.
Calculations using tides and sea conditions back-tracked from where the bodies were found also gave the same location for where the men entered the water.
"We say that these three independent sources of information strongly suggest that this yacht was indeed Ouzo," Mr Parker told the jury.
The two came close to each other at 1.07am on August 21 according to the ship's "black box" recorder, the court heard.
Mr Hubble was on the ferry's bridge and manoeuvred the ship to avoid a yacht. Mr Parker said that the officer should have taken action to check the crew was safe, but he had done nothing, leaving the three men swimming in the wake of the ferry as it sailed on.
"He owed all three yachtsmen a duty to take action and steps necessary to protect then from death or serious injury. He owed that duty as a fellow mariner," said the barrister.
Mr Parker told the jury that Mr Hubble was not "wicked or malicious" but he had been "grossly irresponsible" and he made "a terrible mistake".
(Source: BBC NEWS)
