Now that the long-awaited report of the Wreck Commission is in, the attorney for one of the victims of the collision is ready to move full speed ahead in his substantial action suit against all the responsible parties.
In an interview with the Bahama Journal on Thursday, Sidney Collie indicated that his next step will be to “immediately” prepare and file a statement of claim laying out in greater detail the particulars of negligence and the damages and injuries suffered by his client, Gayle Roker.
Ms. Roker was seriously injured in the boating accident off Eleuthera, which resulted in the deaths of four people.
Mr. Collie said he will be providing medical records of the surgeries, treatment and therapy his client has had to endure.
“She has lost all hope for caring for her children, so we will be claiming for loss of income,” he said. “She is a very young woman with four children and she is rendered unable to work.”
Ms. Rokerﾴs collarbone was broken in several places during the August 2, 2003 collision at sea of the Sea Hauler maiboat and the United Star barge.
She also reportedly suffered a broken arm, broken ribs, a punctured lung and various lacerations that required a series of surgeries.
“If there is a real prospect to settle, we will talk with all parties to arrive at a meaningful and fair settlement, but we will not be deterred in prosecuting this matter quickly and to the extent that our client is fully compensated,” Mr. Collie said. “We are seeking full compensation for all of her injuries, loss and her damage.”
The report found various parties culpable, including the captains of the vessels and the Port Department. Mr. Collie said he doubts the government wants to fight the case in court.
“In fact, I think the Ministry of Transport and the Port Department are well advised to avoid court costs and further delay, but instead approach this with a view to settling,” he said.
“This is what I think the government ought to seriously considerﾅBut I am doing what I have to do and if they want to talk settlement in their proposal, I would take a look at it and I will take my clientﾴs instructions.”
Minister of Transport and Aviation Glenys Hanna-Martin tabled the Wreck Commissionﾴs report in the House of Assembly on Wednesday, which also concluded that the vesselsﾴ deckhands were culpable in the maritime accident.
The report blasted the handling of both vessels by their respective captains as “seriously negligent”, considering that the Sea Hauler had on board eight times more than the number of passengers authorized by the Port Authority, carrying probably as many as 191 passengers.
The United Star carried as many as 31 passengers “without approval” of any kind.
“I was actually very happy that the Commission found that all of the parties were negligent because this is precisely the case for Gayle Roker,” Mr. Collie said. “We came to that conclusion more than half way through the proceedings based on the evidence of the witnesses. “
The report, which came more than a year after an inquiry was launched into the boating collision, also made a number of recommendations, among them the suggestion to implement a National Action Plan for the management of disasters at sea, which would include addressing the “unmet” needs of victims.
The report has further observed that there is one thing that is most needed and that is a “new understanding by all the stakeholders of their roles.”
“I find the recommendations to be very helpful. They were well thought out based on the summary report read in Parliament,” Mr. Collie said, “and we will see what happens, what the government does from there.”
Mr. Collie said he had preliminary discussions some time ago with Charles Mackay, the attorney for the United Star.
“We know that that particular vessel has some insurance, but we donﾴt know what the attitude is going to be with regards to the insurers. We know the insurers were present during a portion of the inquiry. So the insurers are going to have to make their own decision about what they will do with regards to compensation.”
Mr. Collie however added that he has had no discussions on the issue with Sea Hauler attorney, Damian Gomez.
Meantime, despite still suffering much pain and financial stress since the loss of her two daughters ﾖ Brunell Smith Ellis and Brenda Smith-Leslie ﾖ Buena Cleare is also looking for compensation.
With limited income coming in, she hopes the parties found negligent would now step to the plate and take care of her daughtersﾴ four small children.
According to Ms. Cleare, the only help the government has extended her is $70 per month in social assistance.
“Since Brunell and Brenda gone ﾖ especially Brenda ﾖ things bad with us. I didnﾴt have to worry about anythingﾅBut now, I have to pay rent and take care of these children and I feel that they should have done had these children in a home since Brenda those gone,” she said, while gazing at a picture of one of her deceased daughters.
“The United Star and the Sea Hauler they ainﾴt do nothing for me. I am making it off what strangers offer me. Right now, my gas was gone from yesterdayﾅAll I want is for them to give me my home. Give me my money so that when these children come up, they can go to a good school. They can go to college.”
Ms. Cleareﾴs other daughter, Rosemary Smith, who was also a passenger aboard the ill-fated Sea Hauler, agrees.
“From my sisters died, I havenﾴt worked and I still havenﾴt gotten over that,” she explained. “Iﾴm still suffering from a head injury after I was hit in the head with the crane, but I just donﾴt have the money to go to the doctor. I need help bad.”
According to Mr. Collie, based on Ms. Cleareﾴs claims, the government should have already assisted her family.
“In the circumstances of this case, a responsible government should have been doing something all along,” he said. “I donﾴt know to what extent National Insurance and the social agencies have assisted.”
Macushla N. Pinder, The Bahama Journal
