Sea crash victim describes moment of “brutal impact” in Court

Wednesday 06 October 2021

A Jersey lawyer broke down in tears as he recalled the jet-ski and speedboat crash that left his leg "hanging off by a thread" four years ago as part of a Royal Court case aiming to determine how far each driver was liable.

The civil case brought by Giles Corbin against Michael Dorynek, the driver of the speedboat, and the jet-ski driver, Tyson Flath, opened on Monday.

Only the speedboat driver has faced criminal proceedings over the collision that took place in June 2017 - Mr Dorynek was fined £5,000 for driving his speedboat without due care and attention in 2019.

However, Mr Corbin has brought legal proceedings against both drivers, claiming that they were both culpable of “negligence or breach of duty” that only caused the crash, but also the damage to his leg.

The first day of the case saw each lawyer - Advocate David Benest for Mr Corbin, Advocate Christina Hall for Mr Dorynek and Advocate Simon Franckel for Mr Flath - outline their client's position to the court.

Yesterday was the beginning of live evidence, starting with Mr Corbin - whose leg injury could have resulted in amputation - taking to the stand.

He recalled how on the day of the crash, the sea was calm and nearly flat. “It was a beautiful day to be out on a boat," he said.

Pictured: Mr Corbin receiving treatment for his injuries following the crash in June 2017.

He said Mr Flath had observed the five-knot limit as they left the bay and then sped up to go past Portelet headland.

Mr Corbin sat at the back of the jet-ski, holding onto Mr Flath, and looking back over his right shoulder towards Beauport Bay, his “favourite bay in the island”.

He said they were both discussing the renovation of his boat but then stopped talking as the jet-ski became louder. He said that, while it wasn’t uncommon for him and Mr Flath to make jokes, he didn’t recall laughing or giggling before the collision, contrary Mr Flath's recollection.

Mr Corbin said it was only when he heard “high-pitched screams” coming from the speedboat, he “flipped” his head round and saw the vessels were going towards each other.

He said he then felt a “brutal impact” on his body and heard a loud bang, which left his ears ringing, before being thrown at least three metres off the jet ski.

He said he realised “pretty quickly” he had been injured when he saw a “red wash” in the water and a “bright white femur end” where his kneecap should be. He explained the impact had shattered his kneecap into several pieces - some of which were never found.

Recalling the aftermath of the incident, Mr Corbin broke down in tears as he explained his leg was “hanging off by a thread” when he tried to get back on the jet-ski.

He said Mr Flath shouted and waved to alert people in the bay and that one islander was able to take him back to shore.

Pictured: The collision happened in St. Brelade's Bay on 19 June 2017.

Questioned by Advocate Christina Hall, Mr Corbin said he didn’t remember the jet-ski changing direction, only that it had accelerated after leaving the five-knot zone.

He said Mr Flath’s head had been turned during part of their conversation, noting that there wasn’t much to see to his left.  

Mr Corbin said he was enjoying the view and had not been asked to keep a lookout. He said there was “no possible way” he could have seen the speedboat as he was looking in the opposite direction.

He rejected the view that he had been under “time pressure” to get back to town, saying Mr Flath had taken him to see a boat in the bay before leaving for St. Helier.

Responding to questions from Advocate Simon Franckel, Mr Corbin said they were “excellent friends” at the time of the incident and that he had faith in his abilities and trusted him on the jet ski, even though it wasn’t his preferred route.

He denied having distracted Mr Flath prior to the collision as he was neither talking to him nor holding him in a way that prevented him from moving.

He also said Flath had gone to A&E with him after the accident, and spent five days in Southampton where he received treatment for his injuries.

Mr Dorynek also gave evidence, with the help of an interpreter. He said that, just before the collision, he had gone to shore in the bay to pick up a man and four children.

He said he respected the five-knot limit and observed the people and boats on the water before speeding up and heading south. He said he was going at half the maximum speed of the boat, which he said was around 30 knots.

He said he had tried to avoid the collision and that the driver of the jet-ski could see him and would also take action to avoid the collision. As he hit the jet-ski, he said the boat went up and then dropped down.

"It was a split second, it happened so quickly," he said.

The case continues before Royal Court Commissioner Sir Michael Birt, sitting with Jurats Jane Ronge and David Hughes.