A ferry pilot who steered clear of a conviction for alleged negligence could face rougher times ahead.

The Attorney General's Chambers is considering appealing James Spence's acquittal.

And if the appeal is successful, the 41-year-old St. George's man could be on the receiving end of punishment ranging from a verbal warning to dismissal.

Under the Island Boat Regulations, Spence could also lose his pilot's licence.

Spence, of Cove Valley Road, denied endangering the life of national sailing coach Charles (Chuck) Millican who was refereeing laser class sail boat races in the Great Sound.

Magistrates' Court earlier this week heard Spence steered the ferry Sea Venture out of Dockyard, on June 24, last year, and around a channel marker -- but then bore down on Mr. Millican in his 18-foot hard-bottom inflatable boat.

Mr. Millican said his boat's anchor was cut by the ferry's propeller and the boat passed so close that passengers on board "were shocked''.

He added that his own dingy was dragged up to 100 yards for 30 seconds during the drama.

Spence did not speak in his defence.

But his lawyer, Marc Telemaque, successfully argued that there was no case to answer.

Mr. Telemaque claimed there was no proof that Spence was a licensed pilot nor that he was driving the ferry.

And Magistrate Arthur Hodgson agreed.

"I believe that a properly instructed jury could infer from the events described by Mr. Millican that the pilot of the Sea Venture was negligent,'' Mr. Hodgson said before dismissing the case.

"But there is no direct evidence which links the defendant to the pilot of the Government ferry.'' However, Marine and Ports officials yesterday confirmed that Spence was a licensed pilot and the "assigned pilot'' of the boat on the day of the incident.

"I can't say he was actually steering the boat,'' Harbourmaster Michael Dowling said. "But I understand from his immediate supervisors that he apologised for his actions.'' While stressing that no disciplinary actions could be taken against Spence unless he was convicted on appeal, both Mr. Dowling and Marine and Ports director Ron Ross said they purposely left the matter in the hands of Police after receiving a complaint from Mr. Millican.

But Mr. Ross said they would have been willing to provide Police with any information needed, if asked.

The Royal Gazette understands that Police never questioned Marine and Ports about the pilot assigned to the Sea Venture that day because they did not expect identification to be an issue in the case.

Acting Attorney General William Pearce was reviewing the matter yesterday.