As testimony continued before the Commission of Inquiry into the deadly July 18 Anse Cochon boat collision, Ocean Angel captain Dylan Nicholas appeared with his attorney to recount the events of that night, facing questions about conflicting accounts and safety precautions that were not taken.
Nicholas, of Barron’s Drive, Soufriere, maintained that his navigation lights were on before the collision and that he turned to avoid the approaching vessel. Commissioners challenged aspects of his account, drawing on his police statement, earlier testimony from passenger Roxanne Bonaparte and damage to the boats.
The October 13 hearing forms part of the inquiry into the collision involving Ocean Angel and Cazorla Jr., which claimed four lives and left several others injured.
Nicholas, who identified himself as managing director of Ocean Angel Boat Tours, said nine people were aboard his vessel: seven passengers, first mate Tyrone Paul and himself.
Paul initially steered the boat out of Soufriere while Nicholas secured lines and fenders. Nicholas said he took over the helm at Anse Mamin and switched on the navigation lights, which had been off since departure.
He acknowledged knowing the lights were off before taking control, but insisted they remained on during his part of the journey.
That account differed from Bonaparte’s earlier testimony that she saw no lights aboard the vessel during the journey leading up to the collision.
Nicholas argued that her position would have prevented her from seeing the bow lights. Commissioners questioned whether passengers could nevertheless have seen their reflection on the water. The chairman also asked why Nicholas had declined an earlier opportunity to question Bonaparte about her evidence.
“My lights were on and that’s what I would stick with,” Nicholas maintained.
Describing the approach to the collision, he said he saw red and green navigation lights ahead and turned to starboard, or right, to give way.
Paul, whom he had assigned as lookout, did not report seeing the approaching vessel. Nicholas said he acted without communicating with him.
He described visibility as moderate and said he adjusted his speed according to the waves. During questioning, he agreed with an estimated speed range of approximately 25 to 35 knots, but denied travelling at excessive speed.
Commissioners challenged his estimates of distance, speed and time. Nicholas clarified that his reference to approximately 15 minutes concerned the journey from Anse Mamin to the collision site, rather than the time between seeing the other boat’s lights and the impact. He estimated the entire journey from Soufriere at about 20 minutes.
He also recalled the other vessel approaching his starboard side. However, a commissioner said damage to the boats indicated that Ocean Angel had been struck on its port, or left, side.
Nicholas said he had not seen the damaged vessel and was relying on his memory. He rejected the suggestion that his decision to turn caused the collision, saying he could not account for the other operator’s actions.
In the aftermath, Nicholas said Ocean Angel was cut in half and he heard Bonaparte screaming for help, saying she could not swim. He recalled handing her a life jacket within approximately five minutes of the impact.
Although the vessel carried 14 life jackets, he confirmed that none of the nine people aboard—including himself—had been wearing one.
His description of the rescue prompted further questions. During the hearing, Nicholas said life jackets floated free after the boat broke apart and that he retrieved one from the water. His police statement, however, described him going underwater to retrieve a jacket from the overturned vessel.
Asked to explain the difference, Nicholas said his injuries and the demands of police questioning may have affected his state of mind when he gave the statement.
The chairman reminded him that he had reviewed it before testifying, affirmed its truth and initially declined to make corrections. Under further questioning, Nicholas accepted that he may have said things that were not necessarily correct.
Nicholas said he contacted the Marine Police and people in Soufriere after helping Bonaparte, then returned to the water to search for other passengers. Describing his response to the emergency, he said, “It was a fight-or-flight mode, honestly.”
The questioning also examined preparations for the journey. Nicholas acknowledged that no safety briefing was given and that he did not conduct his usual pre-departure equipment checks, read the weather advisory or notify the lighthouse, despite understanding that he was required to make contact.
He confirmed that Graham Matthew, the certified crew member named on Ocean Angel’s inspection certificate, was not aboard. Nicholas said he had not understood the restriction commissioners drew to his attention concerning changes to the listed crew.
He also acknowledged consuming two cocktails at dinner before the trip, but maintained that his judgment was not impaired.
Commission chairman Justice Mario Michel explained that the inquiry’s purpose was to examine the circumstances surrounding the collision and recommend safety improvements, rather than investigate criminal offences.
Nicholas was discharged after giving evidence, with the possibility of being recalled as the hearings continue.
