Tragedy on the river in Zhytomyr — boat driver sentenced over the death of two women

The Zhytomyr District Court has found a man guilty of operating a motorboat on the Teteriv River in a trip that resulted in the death of two female passengers. He was convicted of violating traffic safety rules and regulations for the operation of water transport.

Circumstances of the case

According to case materials № 278/6153/24, the tragic event occurred on 22 September 2024, near the city beach in the Hydropark of Zhytomyr. There were seven people on board the motorboat, including a minor child. During the journey, the vessel capsized, leading to the death of two women.

The case materials indicate that the driver committed a number of violations of the rules for using small vessels. In particular, there were no life-saving devices on board, proper safety conditions for passengers were not ensured, and the permissible passenger capacity of the vessel was exceeded, with six passengers on the boat instead of five.

Additionally, the vessel had not undergone a timely technical inspection, and the accused did not possess a licence to carry passengers. The verdict also states that the man was accused of transporting intoxicated passengers.

According to court materials, during the journey, one of the passengers, who was sitting on the left and was intoxicated, lost balance and fell on the helmsman. This caused a sharp tilt of the vessel, after which the boat capsized.

During the court hearing, the man fully admitted his guilt and expressed sincere remorse. He stated that he held a boat operator certificate and had undergone appropriate training but was unaware that operating the vessel without a valid technical inspection was prohibited.

According to the accused, he believed that the total weight of the passengers did not exceed the permissible limit and did not notice any signs of intoxication. He also noted that he did not offer life jackets to the passengers, limiting himself to warning them not to stand while moving and to hold on to the handrails.

The husband of one of the deceased informed the court that the accused had voluntarily compensated for material and moral damages by paying $10,000. As a result, the family had no further claims against him.

However, the daughter and son of the other deceased stated that they had not received sincere apologies from the accused and had not witnessed his repentance. They asked the court to impose a punishment in the form of imprisonment and to satisfy their civil claim.

The prosecutor, for his part, noted that considering the negligent nature of the crime, the admission of guilt, and the partial compensation of the damage caused, the rehabilitation of the accused was possible without isolation from society.

What the court decided

The court sentenced the man to five years of imprisonment but released him from serving the sentence with a probation period of three years.

During this time, the convicted person is obliged not to commit new criminal offences, to periodically appear before the probation authority, to report changes in residence and work, and not to leave the territory of Ukraine without the consent of the authorised body.

In addition, the court ordered the man to pay 300,000 hryvnias in moral compensation to the children of one of the deceased women.

As previously reported by the Judicial and Legal Newspaper, the water police patrol Lake Svityaz more intensively at weekends and during mass events, including festivals, when there are the most people on the water. The most common violation is the absence of life jackets when riding catamarans, boats, and SUP boards.

Some holidaymakers explain this by not knowing about the mandatory use of life jackets. Among the violators are both young people and older individuals. The fine for such a violation is 425 hryvnias. In the event of a repeated violation within a year, the amount increases to 850 hryvnias.