The jet ski rider involved in a night-time crash which led to a boater's death was yesterday fined $800.

Senior Magistrate Will Francis found Bruce Dawson Foggo, of Ballast Point, St.

George's, guilty of driving without due care and attention, and failing to give a breath sample on April 12 last year.

Mr. Francis fined Foggo $300 and $500, respectively.

But the Magistrate declared Foggo not guilty of a third charge of driving while impaired.

Earlier in the trial Foggo said he left a friend's house shortly before 9 p.m.

and accelerated away at "more than a brisk walking pace''.

And although his Sea-Doo personal water craft had running lights on the front and back, his visibility was limited.

Witnesses testified they heard a loud bang moments after Foggo left. Police later discovered Foggo's jet ski had collided with two men in an anchored, 14-foot, fibreglass and wooden boat near Devonshire Dock.

One of the men, 50-year-old Al Reulle Reuben Shamsid-Deen of North Shore, Devonshire, drowned after the impact threw him from the boat's bow.

Foggo later said he could not remember anything of the collision, but denied he had been drinking before the accident.

Yesterday Mr. Francis pointed out there was no law which required a stationary boat such as Mr. Shamsid-Deen's to carry lights.

However, he noted that a "careful and prudent driver would not have driven at (Foggo's) speed'' as he was driving too fast with limited visibility.

Although Mr. Francis said he did not find anything to show Foggo was impaired, he went on to say Foggo had no reasonable ground to refuse a Police request to give a breath sample.