Lady Mary Sinking Attorney Requests Halt Until Wreck Site Can Be Examined

CAPE MAY — An attorney hired by Royal Smith, owner of the Lady Mary has requested the hearing not be continued until the boat is “examined in its current resting place.”
Smith has offered the theory the Lady Mary may have been struck by a large merchant vessel, according to Stevenson Weeks, an attorney with Wheatly, Wheatly, Weeks and Lupton of Beaufort, N.C.
Weeks has requested the Lady Mary be examined by either divers or ROVs taking photographs or video.
“Any conclusions as to the loss until the vessel has been examined is based upon nothing but speculation as you have advised that the surviving eyewitness, Jose Arias, doesn’t know what happened,” said Weeks in a letter to Commander Kyle McAvoy who is leading the Marine Board of Investigation.
Weeks said Royal Smith was very familiar with the vessel, “it’s seaworthiness and handling characteristics.
Smith said a large merchant vessel was spotted in the vicinity during the rescue operation.
On April 15, another fishing vessel working in the Elephant Trunk area, the same zone where the Lady Mary sank was involved in a collision with a large merchant vessel, said Weeks.
“An underwater examination of the Lady Mary might possibly determine whether the vessel was involved in a collision with a freighter or provide other evidence as to the cause of the sinking,” said Weeks.
He said he reviewed information provided to Smith which the Coast Guard intends to introduce in the matter.
“After reviewing this information, it appears to me that there is other information in the possession, custody and control of the Coast Guard which I will need to properly represent my clients,” said Weeks.
He requested:
• A copy of the Fifth District Coast Guard Standard Operating Procedures pertaining to ELT/EPIRB activations.
• All search and rescue reports.
• A copy of all radio logs.
• All message traffic pertaining to aircraft and responding vessels.
• Copies of interviews or statements obtained from Royal Smith.
• Copies of all interviews or statements obtained by the lone survivor, Jose Arias.
• Transcript and audio tape of the proceedings already conducted in this matter.
In addition, Weeks clarified that Royal Smith was not the owner of the Lady Mary but Smith and Smith Inc., a North Carolina corporation owned the vessel. Timothy E. Smith, the lone shareholder of the corporation, perished as a result of the sinking of the Lady Mary, he said.
Royal Smith was designated as party of interest by the investigation board. Weeks said he would be representing Royal Smith.
A Coast Guard Marine Board of Investigation hearing on the sinking of the commercial fishing boat the Lady Mary recessed last week after one day of testimony to allow the vessel’s owner Royal Smith to hire an attorney. According to Coast Guard Public Affairs spokesman, Petty Officer Chris McLaughlin, the hearing may resume the week of April 27.