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Two witnesses to the fatal Mandurah boat crash say they told police from the start that the man they accused was innocent
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Two witnesses to the fatal Mandurah boat crash say they told police from the start that the man they accused was innocent

Two women who were eyewitnesses to a fatal boating accident two years ago have welcomed the decision to drop manslaughter charges against the man accused of driving the boat, but say they told police as early as at first he wasn’t the one behind the wheel. .

Nichole Jones-Fraser and Lois Owen were with their partners on another boat in the Mandurah Estuary on the night of the collapse in January last year.

They say the ship did not have its navigation lights on.

A husband and wife posing next to a stone wall

Debbie Burdon died in the boating accident and her husband John, pictured, was injured. (Facebook: Debbie Burdon)

Ms Jones-Fraser said she shouted at the boat’s occupants but was cursed at by the driver.

“Max Acceleration”

“I saw him … he basically said ‘go to hell’ and at the top of his lungs, he left,” Ms Jones-Fraser said.

About 10 seconds later, she said, they all heard the boat smash into a channel marker and Ms Jones-Fraser, Ms Owen and their partners went to try to help, but the offer was refused by the driver who took off again.

Debbie Burdon, 54, died at the scene, while the body of her friend Kylie Bazzo, 52, the mother of West Coast Eagles player Rhett Bazzo, was found the day after a search by the water police.

Mrs Burdon’s husband John, who was knocked unconscious and has no memory of the accident, was later charged with the women’s unlawful killing.

It was assumed that he was the one driving the boat.

He was due to stand trial in Supreme Court next week, but on Thursday, four days before the grand jury was due to begin, prosecutors dropped the charges.

They told Judge Stephen Lemonis that the information had come to light, meaning it was not possible to prove beyond reasonable doubt that Mr Burdon was in charge of the vessel.

This information came from Ms Jones-Fraser, Ms Owen and their partners, who gave their account of what happened to lawyers from the Office of the Director of Public Prosecutions (ODPP) during preliminary hearings in the weeks before the trial was scheduled to start . .

A bald man in a suit walks down a street.

State Attorney Michael Cvetkosi leaves court after charges against Mr Burdon were dropped. (ABC News: Grace Burmas)

It was the same version of events, they say, all four told police in their statements the day after the crash.

“We were all interviewed individually, there were four of us and we all went in, every statement from each of us was clearly the same,” Ms Jones-Fraser claimed.

“That’s the wrong guy”

She says they were told they would be called back to look at a photo board to identify the person they had seen driving the boat, but this did not happen.

Mr Burdon was arrested and charged about two weeks later when the women saw media reports about the case.

“I said ‘that’s the wrong guy,'” Ms Owen claimed.

Ms Jones-Fraser said she started shaking.

    A police boat on the water with officers on board

Water police search the Mandurah Estuary the day after the fatal accident. (ABC News)

“As soon as I saw the person they named, I started crying, I was very upset,” she said.

“It still brings back tears because he wasn’t actually the driver.

“I immediately called the detective … he let me talk and then told me that I had reason to believe that the person we arrested was the right person.”

The women say the next time they heard from anyone was their recent ODPP contact.

“The saddest part of the whole investigation that still upsets me more than anything… it’s two years since this man and the children, and Kylie Bazzo’s children and everyone involved that day, including us because we were the first to they intervened, no one contacted us again. ” said Ms Jones-Fraser.

Kylie stands next to her son and daughter at a party with a balloon 21 sign next to them

Kylie Bazzo, pictured with daughter Kameron and son Rhett, who plays for the West Coast Eagles. (Facebook: Kylie Bazzo )

“We don’t know these people, we have no interest in telling lies or making anything up… I told Lois I’m not stopping because this man is innocent, his family and Kylie’s family, they all deserve to know . that this man did not do that.”

“If we had been five minutes earlier and gone home and missed the crash all together, what would have been the outcome? It’s so sad.”

“Feeling of Relief”

Ms Owen also said there was no contact after the accident to check on their welfare.

Ms Jones-Fraser fought back tears, saying she now felt a “huge relief” that they had been listened to.

“I’m so happy inside that the man didn’t have to go to trial because that man should never have been charged in the first place with the evidence the police had from us,” she said.

Mr Burdon was not in court for yesterday’s decision, his lawyer saying he was too overcome with grief to attend.

Police issued a statement saying the agency is reviewing the ODPP’s decision to drop charges and that the investigation into the crash “remains ongoing.”

Meanwhile, Ms Owen urged all water users to take care.

“We all have to take a lot more responsibility when we’re out here on the water,” she said.

“We all have to start looking out for everyone… it’s a tragedy.”

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