IRISHMAN Brazil Bourke drowned after jumping from a party boat because the captain ignored passengers’ pleas to stop and help, a Spanish court heard yesterday.
Friends begged José Ribas (45), for assistance after the 21-year-old and a friend leaped from the top deck during a party cruise off Ibiza. The skipper failed to call the coastguard and sailed more than 1½ kilometres back to port leaving Mr Bourke to his fate, prosecutors said.
The two judges, led by Martina Rodríguez Caritg, are expected to return their verdicts in about a fortnight.
Horrified friends who tried to throw him lifesavers from the deck found they were tied to the boat, they claimed. Yesterday the parents of the victim, whose uncle is former minister for defence Willie O’Dea, came face to face with the Spanish captain in court as he stood trial for manslaughter. Farmer John Bourke and his wife Mary travelled from their home in Hospital, Co Limerick.
State prosecutor Ruth Negreti told the panel of two judges that Mr Bourke’s death was “preventable” had the captain acted differently four years ago. She said he was fully aware two men were overboard, “but at no time was he concerned by the situation, nor did he stop to help”. Private prosecutor Luis Berastani Diez, representing the victim’s family, said the captain had “abandoned” Mr Bourke.
The prosecutors called for Mr Ribas to be jailed for four years for manslaughter and be fined €18,000 for failing to help.
The captain claims he was only aware one person was overboard, and insists he saw that person swim safely to the shore. Mr Bourke, a student of Limerick Institute of Technology, was on holiday with a group of friends when they took the four-hour sunset cruise from San Antonio on July 31st, 2006.
He had taken ecstasy and cocaine and had drunk heavily on the night he died, the court heard.
Five friends appeared as prosecution witnesses during the seven hour hearing. The group of around 12 friends were among 186 revellers on the glass-bottomed Captain Nemo, where they were given free cava, a Spanish sparkling wine. Mr Bourke's friend Patrick Bourke decided to jump from the top deck after being dared by another member of the group the court was told.
Patrick Bourke, who admitted taking ecstasy and having six or seven drinks was rescued by a passing boat after 90 minutes in the sea. But Brazil Bourke’s body was found washed up near the shore the following morning by a British holidaymaker. Patrick Bourke, told the court: “I thought the boat was going to stop because we were so far out. Another friend, Garry Henebry, said he pleaded with the captain for help when he realised his friends were overboard.
He said: “Patrick jumped into the water first. I saw him and was worried because the boat just carried on . . . I went up to the captain and tried to speak to him in English but he didn’t understand me.
“So I went up to a Scottish barman and told him there was a man overboard. I begged him to stop the boat. I was hysterical because I was trying to save my friend, and he thought I was looking for trouble or trying to fight him.
“I got down on my hands and knees and begged him to stop the boat. The boat slowed down, and that’s when Brazil jumped in. Brazil thought the boat was going to stop. I tried to throw in a lifesaver but they were all tied up, and I couldn’t see any life vests.”