14 people crammed on to a small runabout boat that was only licensed to carry eight, a local fisherman warned the skipper but there trip ended in tradgey.
"There are too many people for that boat," the fisherman said to a bloke he had just met, who had introduced himself as Matt. "It'll be fine," Matt said dismissively.
Approximately one hour later a collision occurred with a fishing trawler in the middle of Sydney Harbour fatally injuring six of the fourteen aboard.
The skipper Matthew Reynolds, 32, is standing trial on six counts of manslaughter arising from the accident that happened on May 1st, 2008.
Also on trial is Percy Small, 24, who faces six counts of dangerous navigation causing death.
Both men have pleaded not guilty.
The Evidence showed that mr Small was intoxicated and drug-affected behind the wheel at the time of the crash, he was acting under the direction of Reynolds, who had "full and absolute responsibility" for all that took place aboard that vessel.
He said Small was so intoxicated that it would have been obvious to Reynolds - except that he, too, had allegedly been drinking and consuming cocaine.
Mr Hobart said all of the people sitting on the port side of the runabout - which struck the fishing trawler with what was almost a head-on impact - were killed instantly.
The trial will hear from all six survivors, most of whom will claim they didn’t see the trawler because it was so dark before the crash occurred.
Graham Turnbull SC, for Reynolds, told the jury this was a key point because he said the evidence was that the fishing vessel was on the wrong side of the "safe water mark".
Winston Terracini SC, for Small, agreed, saying the trawler was in "the wrong part of the channel" as the boats travelled towards each other around Bradleys Head.
The trial continues.
