Robbie Oliver Clarke Source: NT News
A MAN who crashed a dinghy in Darwin Harbour carrying his three-year-old son and a friend has escaped conviction.
Robbie Oliver Clarke, 29, emerged from Darwin Magistrates Court with family and friends relieved, only saying it was "all good at the moment".
Clarke had faced court for an incident on December 16, 2012 where on a regular fishing route he crashed into a pipe connected with the Eastern Aurora dredger.
The Easter Aurora dredger at the site for the East Arm Marine Supply Base. Picture: JUSTIN SANSON
In an earlier hearing the court heard Oliver's son Khye was taken to hospital with aspiration pneumonitus after "nearly drowning" and the 34-year-old passenger was badly cut on the left leg by the dinghy's propeller.
Oliver was charged with speeding in a marine restricted area and being in control of a craft within closed waters.
Senior Sergeant Paul Faustmann inspects the damaged boat. Picture: JUSTIN SANSON
Magistrate Michael Carey was told the past year had been hard on Clarke.
"He told me that it was like a nightmare, the ones where you're trying to yell but you can't," police prosecutor Jodi Truman said.
"Psychologically, there's nothing that could be said to him that's worse than anything about the events of that day."
"It's been the most serious event of his life."
The court had previously heard Clarke was travelling at 31 knots at night when he entered the marine exclusion zone at East Arm rock wall.
Before the sentence was handed down, it was accepted Clarke was aware of the dredge site, but had not seen the black suction pipe prior to impact.
He had relied upon general safety measures taught to him in the many years he had been a recreational fisher.
As an employee at Inpex, he was regarded for having sound knowledge of safety and responsibility.
Prosecutor David Dalrymple said the issue in sentencing was purely to do with speed, but Magistrate Carey said Clarke had not acted irresponsibly.
"You were not acting as a hooligan, and I have no doubt I won't be seeing you in the courts again," he said.
Clarke was not convicted for either offence.
He was fined $200 plus a $40 levy for speeding in a restricted area, and for being within closed waters given a 12-month good behaviour bond.
Eastern Aurora was conducting dredging at East Arm as part of the Northern Territory Government's $100 million marine supply base.
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