WAGGA LOCAL COURT
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IN THE opinion of people who knew them well, Robert Richards was a safe and sensible motorboat driver and Joe Howard was an above average barefoot water-skiier.
But in the blink of an eye, something went horribly wrong at Colombo Creek Ski Club Reserve, costing Mr Howard his life and leading to Richards facing serious criminal charges.
Mr Howard, a 34-year-old father of three and general manager of Rundles Auctions in Wagga, died on February 22 last year from injuries suffered when he hit a tree while being towed by Richards at the popular skiing spot 25km west of Urana.
Richards, 51, of Lockhart, has pleaded not guilty to operating a recreational vessel negligently causing death.
He has also pleaded not guilty to two back-up charges.
A hearing into the charges began in Wagga Local Court onThursday.
Much of the prosecution evidence presented to magistrate Michael Antrum was in the form of a handed up brief of evidence and witness statements, but the court heard Richards did not have an observer on the boat he was driving.
Prosecutor Brendan Queenan said the lack of an observer was one of the main elements of negligence alleged.
The court was told Mr Howard entered the water by a technique known as flying beach take-off and was still on his back or backside at the end of an 18m tow rope as he went left around an island in Colombo Creek at up to 60km/h.
No one saw Mr Howard hit a tree.
A Go Pro camera he was wearing at the time captured some vision from Mr Howard's perspective right up until the crash.
Witness Mitchell Barber arrived at the reserve just after 4.30pm on February 22 just in time to see Mr Howard take off from the barbecue area and disappear around the bend.
"The boat went out of sight and Joe went out of sight and shortly after I heard a loud crack," Mr Barber said.
"I heard Rob yell out 'shore, help'."
Mr Barber recalled how he, Richards and a close friend of Richards's, Alan Golder, brought Mr Howard back to the barbecue area and tried to resuscitate him.
But Mr Howard died at the scene after the arrival of paramedics.
Defence counsel for Richards, Mark Dennis, asked several witnesses about the competency of Richards as a boat driver.
"Do you have an opinion of Mr Richards as a driver of a motor vessel?" Mr Dennis asked Mr Golder.
"Super safe, I would say," Mr Golder replied.
"Have you ever seen him do anything silly or careless?" Mr Dennis asked.
"No," Mr Golder said.
Asked by Mr Dennis if he had any "dramas" with Mr Howard still being on his backside or back as he rounded the creek bend, Mr Golder replied no.
The hearing continues on Friday.