6 days ago
Skipper plans to appeal conviction for creating waves at Labor Party fundraiser
A power boat skipper who targeted a century-old passenger ferry carrying Labor Party MPs as part of a protest against the party's offshore wind policy has been convicted and fined $500.
Jared Luke Banek, 47, who previously pleaded guilty to interfering with the use of the Port Stephens waterway, indicated that he would appeal the sentence.
Labor senator Deborah O'Neill, Port Stephens MP Kate Washington and about 50 Labor party supporters were aboard the 102-year-old Wangi Queen in waters off Lemon Tree Passage to raise money for then Port Stephens mayoral candidate Leah Anderson on August 11 last year.
Two federal police officers were also on board.
A number of anti-wind farm protesters were in the vicinity when the ferry left the Lemon Tree Passage wharf at about 10.30am.
Facts tendered to the court said Mr Banek attended the area to protest in his 17.5m power boat, Reel Issues.
Mr Banek, who had three passengers on board, made the first of three passes of the Wangi Queen at 11.33am
The first two passes created wakes of about a metre while the third wake was less than a metre.
The skipper was forced to take evasive action on each occasion in order to minimise the wakes' impact.
Several of those on board the ferry said they were alarmed as the vessel rolled when the waves struck.
The Wangi Queen skipper contacted the water police following the first pass to complain about the conduct of Reel Issues and a number of smaller vessels that were swarming the vessel.
Reel Issues was intercepted, and Mr Banek was spoken to.
He was later charged with menacing navigation, reckless navigation and negligent navigation.
Mr Banek pleaded not guilty to the charges, which were subsequently withdrawn in June.
Instead, he pleaded guilty to the lesser, rarely used charge of operating a vessel in a manner that interferes with the use of waters under the Marine Safety Act 1998.
The maximum penalty for the offence is a $5500 fine.
Raymond Terrace Local Court heard on Thursday that Mr Banek was of prior good character and had held a maritime licence for 32 years.
Seven references attested to his volunteer work in the community and involvement in maritime rescue operations.
Despite that, Magistrate Gregory Moore said Mr Banek's actions towards Wangi Queen were not a trivial matter.
"I do not regard it as trivial. I regard it as a serious example of this type of offending," he said.
Mr Banek told the Newcastle Herald that he planned to appeal the sentence because an expert maritime report, which showed the Wangi Queen had not been placed in danger during the protest, had not been taken into account.
"The truth is going to come out," he said.
Mr Banek's boating licence, which was suspended following the incident, was reinstated in June.
A power boat skipper who targeted a century-old passenger ferry carrying Labor Party MPs as part of a protest against the party's offshore wind policy has been convicted and fined $500.
Jared Luke Banek, 47, who previously pleaded guilty to interfering with the use of the Port Stephens waterway, indicated that he would appeal the sentence.
Labor senator Deborah O'Neill, Port Stephens MP Kate Washington and about 50 Labor party supporters were aboard the 102-year-old Wangi Queen in waters off Lemon Tree Passage to raise money for then Port Stephens mayoral candidate Leah Anderson on August 11 last year.
Two federal police officers were also on board.
A number of anti-wind farm protesters were in the vicinity when the ferry left the Lemon Tree Passage wharf at about 10.30am.
Facts tendered to the court said Mr Banek attended the area to protest in his 17.5m power boat, Reel Issues.
Mr Banek, who had three passengers on board, made the first of three passes of the Wangi Queen at 11.33am
The first two passes created wakes of about a metre while the third wake was less than a metre.
The skipper was forced to take evasive action on each occasion in order to minimise the wakes' impact.
Several of those on board the ferry said they were alarmed as the vessel rolled when the waves struck.
The Wangi Queen skipper contacted the water police following the first pass to complain about the conduct of Reel Issues and a number of smaller vessels that were swarming the vessel.
Reel Issues was intercepted, and Mr Banek was spoken to.
He was later charged with menacing navigation, reckless navigation and negligent navigation.
Mr Banek pleaded not guilty to the charges, which were subsequently withdrawn in June.
Instead, he pleaded guilty to the lesser, rarely used charge of operating a vessel in a manner that interferes with the use of waters under the Marine Safety Act 1998.
The maximum penalty for the offence is a $5500 fine.
Raymond Terrace Local Court heard on Thursday that Mr Banek was of prior good character and had held a maritime licence for 32 years.
Seven references attested to his volunteer work in the community and involvement in maritime rescue operations.
Despite that, Magistrate Gregory Moore said Mr Banek's actions towards Wangi Queen were not a trivial matter.
"I do not regard it as trivial. I regard it as a serious example of this type of offending," he said.
Mr Banek told the Newcastle Herald that he planned to appeal the sentence because an expert maritime report, which showed the Wangi Queen had not been placed in danger during the protest, had not been taken into account.
"The truth is going to come out," he said.
Mr Banek's boating licence, which was suspended following the incident, was reinstated in June.
A power boat skipper who targeted a century-old passenger ferry carrying Labor Party MPs as part of a protest against the party's offshore wind policy has been convicted and fined $500.
Jared Luke Banek, 47, who previously pleaded guilty to interfering with the use of the Port Stephens waterway, indicated that he would appeal the sentence.
Labor senator Deborah O'Neill, Port Stephens MP Kate Washington and about 50 Labor party supporters were aboard the 102-year-old Wangi Queen in waters off Lemon Tree Passage to raise money for then Port Stephens mayoral candidate Leah Anderson on August 11 last year.
Two federal police officers were also on board.
A number of anti-wind farm protesters were in the vicinity when the ferry left the Lemon Tree Passage wharf at about 10.30am.
Facts tendered to the court said Mr Banek attended the area to protest in his 17.5m power boat, Reel Issues.
Mr Banek, who had three passengers on board, made the first of three passes of the Wangi Queen at 11.33am
The first two passes created wakes of about a metre while the third wake was less than a metre.
The skipper was forced to take evasive action on each occasion in order to minimise the wakes' impact.
Several of those on board the ferry said they were alarmed as the vessel rolled when the waves struck.
The Wangi Queen skipper contacted the water police following the first pass to complain about the conduct of Reel Issues and a number of smaller vessels that were swarming the vessel.
Reel Issues was intercepted, and Mr Banek was spoken to.
He was later charged with menacing navigation, reckless navigation and negligent navigation.
Mr Banek pleaded not guilty to the charges, which were subsequently withdrawn in June.
Instead, he pleaded guilty to the lesser, rarely used charge of operating a vessel in a manner that interferes with the use of waters under the Marine Safety Act 1998.
The maximum penalty for the offence is a $5500 fine.
Raymond Terrace Local Court heard on Thursday that Mr Banek was of prior good character and had held a maritime licence for 32 years.
Seven references attested to his volunteer work in the community and involvement in maritime rescue operations.
Despite that, Magistrate Gregory Moore said Mr Banek's actions towards Wangi Queen were not a trivial matter.
"I do not regard it as trivial. I regard it as a serious example of this type of offending," he said.
Mr Banek told the Newcastle Herald that he planned to appeal the sentence because an expert maritime report, which showed the Wangi Queen had not been placed in danger during the protest, had not been taken into account.
"The truth is going to come out," he said.
Mr Banek's boating licence, which was suspended following the incident, was reinstated in June.
A power boat skipper who targeted a century-old passenger ferry carrying Labor Party MPs as part of a protest against the party's offshore wind policy has been convicted and fined $500.
Jared Luke Banek, 47, who previously pleaded guilty to interfering with the use of the Port Stephens waterway, indicated that he would appeal the sentence.
Labor senator Deborah O'Neill, Port Stephens MP Kate Washington and about 50 Labor party supporters were aboard the 102-year-old Wangi Queen in waters off Lemon Tree Passage to raise money for then Port Stephens mayoral candidate Leah Anderson on August 11 last year.
Two federal police officers were also on board.
A number of anti-wind farm protesters were in the vicinity when the ferry left the Lemon Tree Passage wharf at about 10.30am.
Facts tendered to the court said Mr Banek attended the area to protest in his 17.5m power boat, Reel Issues.
Mr Banek, who had three passengers on board, made the first of three passes of the Wangi Queen at 11.33am
The first two passes created wakes of about a metre while the third wake was less than a metre.
The skipper was forced to take evasive action on each occasion in order to minimise the wakes' impact.
Several of those on board the ferry said they were alarmed as the vessel rolled when the waves struck.
The Wangi Queen skipper contacted the water police following the first pass to complain about the conduct of Reel Issues and a number of smaller vessels that were swarming the vessel.
Reel Issues was intercepted, and Mr Banek was spoken to.
He was later charged with menacing navigation, reckless navigation and negligent navigation.
Mr Banek pleaded not guilty to the charges, which were subsequently withdrawn in June.
Instead, he pleaded guilty to the lesser, rarely used charge of operating a vessel in a manner that interferes with the use of waters under the Marine Safety Act 1998.
The maximum penalty for the offence is a $5500 fine.
Raymond Terrace Local Court heard on Thursday that Mr Banek was of prior good character and had held a maritime licence for 32 years.
Seven references attested to his volunteer work in the community and involvement in maritime rescue operations.
Despite that, Magistrate Gregory Moore said Mr Banek's actions towards Wangi Queen were not a trivial matter.
"I do not regard it as trivial. I regard it as a serious example of this type of offending," he said.
Mr Banek told the Newcastle Herald that he planned to appeal the sentence because an expert maritime report, which showed the Wangi Queen had not been placed in danger during the protest, had not been taken into account.
"The truth is going to come out," he said.
Mr Banek's boating licence, which was suspended following the incident, was reinstated in June.
