Power Boat Skipper Cleared After Ferry Protest Appeal
A 47-year-old power boat skipper has had his conviction overturned after a judge found his protest near a Labor Party fundraiser ferry did not place the historic vessel in danger.
The Incident and Initial Conviction
Jared Luke Banek pleaded guilty to interfering with the use of the Port Stephens waterway in Raymond Terrace Local Court and was convicted and fined $500 in July. The incident occurred on August 11 last year when Banek conducted three passes in his boat, Reel Issues, near the 102-year-old Wangi Queen ferry.
The ferry was carrying Labor senator Deborah O'Neill, Port Stephens MP Kate Washington and about 50 Labor party supporters to raise money for then Port Stephens mayoral candidate Leah Anderson in waters off Lemon Tree Passage. Passengers had claimed the dangerous driving and the wake it created put the century-old vessel in danger.
Successful Appeal Based on Expert Evidence
Banek, represented by barrister Mark Preece and solicitor James Janke, later told the Newcastle Herald he intended to appeal against the severity of the sentence because an expert maritime report had not been taken into account. "The truth is going to come out," Mr Banek said at the time.
On Friday, after Judge Roy Ellis had read the report - which found the Wangi Queen had not been placed in danger during the protest - Banek had his appeal upheld. Judge Ellis said Banek was of good character, was unlikely to reoffend and the level of criminality was minor when he set aside the conviction and dismissed the matter under section 10.
The successful appeal means the power boat skipper will not have a criminal record for the incident that had drawn significant attention during the protest against the Labor Party's offshore wind policy.
