14-05-2025
Missing Newcastle boatie Ashley McKellar had plan to swim with whales, inquest hears
A coroner has found a missing New South Wales boatie may have tried to swim with whales before he disappeared.
Bolton Point man Ashley McKellar, 43, left Swansea Heads alone in his 4.8-metre runabout on June 14, 2023.
The aluminium boat was found 20 nautical miles offshore more than 16 hours after he was reported missing.
An inquest into his disappearance was held today before Deputy State Coroner Rebecca Hosking.
Police advocate Danny Winter assisted the coroner and told the court Mr McKellar was a strong swimmer.
"He would scuba dive, snorkel and free-dive and loved the water," Mr Winter said.
Mr McKellar headed out onto the ocean early in the day ahead of a work meeting that afternoon.
The inquest heard he did not attend the meeting or return calls from his wife.
Mr McKellar was reported missing at about 7pm that night.
Mr Winter told the court there had been no EPIRB activation and an air, water and land search commenced the next day.
He said the operation involved PolAir, Marine Area Command, Marine Rescue, the Australian Maritime Safety Authority (AMSA) and the region's rescue helicopter.
"At 10:50 [in the morning] a sergeant received information that a commercial ship located a small, white, unmanned vessel," Mr Winter said.
No one was onboard and Mr McKellar's clothes were found folded alongside his life jacket.
His phone was nearby and the battery was flat.
"There was no onboard GPS, no fish finder," Mr Winter said.
Mr Winter said Mr McKellar might have jumped into the ocean to swim with whales.
"He told his wife if a whale was located he was prepared to get into the water to swim with it," Mr Winter said.
According to the National Parks and Wildlife Service, whales migrate north along the NSW coast during May and June each year.
Under the NSW Biodiversity Conservation Regulation 2017 all watercraft, including boats, surfboards, surf skis and kayaks must maintain a minimum distance of 100 metres from a whale and at least 300m if a calf is present.
Restrictions also apply to swimmers, snorkellers, and divers.
The inquest was told Mr McKellar spent a lot of time at Moon Island off Swansea, where whale sightings were common, and was headed there that day.
"Whale migration had been strong in the area and it was a popular spot in viewing for Mr McKellar," Mr Winter said.
Magistrate Hosking highlighted that evidence in her findings.
"In 2019 he expressed [to his wife] he was going to jump in and swim if they saw whales in the water again," she said.
Magistrate Hosking also noted that a rope trailing from the boat's propeller could have caused problems.
"On the available evidence it appears likely that between 10:46am and 2pm he turned the boat's engine to the 'off' position, took off his life jacket and outer layer of clothes and voluntarily entered the water," she said.
Magistrate Hosking said there was no evidence relating to what happened next.
"As such I am unable to make a finding in relation to manner of death," she said.
Magistrate Hosking recommended that "the investigation into the death of Ashley McKellar be referred back to police for monitoring".
Earlier Mr McKellar's wife quietly wiped away tears as Magistrate Hosking offered her condolences to the family.
