A boat driver involved in a parasailing accident last summer which killed an American visitor yesterday received a suspended prison sentence and a fine.

Jason Wade Edler, 22, of Queen Street, St. George's, was charged with manslaughter in connection with the July 5 death of 54-year-old Frank Westendorf, of Newport News, Virginia.

But yesterday in Supreme Court, Acting Senior Crown Counsel Khamisi Tokunbo did not proceed with the manslaughter charge after Edler pleaded guilty to causing the death of Mr. Westendorf by driving a power craft in a reckless manner off Somers Wharf in St. George's.

Mr. Tokunbo told the court that Edler -- a boat operator at St. George's Parasailing and Watersports Ltd. -- agreed on the evening of July 4 to carry out a parasailing procedure for a visiting couple from the US.

The plan, according to Mr. Tokunbo, was for Edler to give the woman -- who was not named -- a parasail ride in the St. George's Harbour.

It was agreed that Edler would drop the woman into the water near Mr.

Westendorf, who would be in the water swimming.

Mr. Westendorf was to grab hold of the yolk of the parasail while Edler lifted the woman into the air some 20 feet.

Mr. Tokunbo added that Mr. Westendorf was supposed to release himself and drop back into the water from that small distance.

The next day, the threesome put the plan into action.

However, Mr. Westendorf did not let go of the parasail.

"The woman said she asked him if he was going to let go and his reply was `no','' Mr. Tokunbo said. "He wanted to go for a longer ride.'' Edler lowered the parasail back into the water in a bid to let Mr. Westendorf off. But when he raised the parasail back into the air, Mr. Westendorf was still holding on.

Mr. Tokunbo said Mr. Westendorf fell some 80 feet to the water, landing on his back.

The American visitor was pulled from the water unconscious and never regained consciousness despite emergency treatment.

Mr. Tokunbo said the cause of death was diagnosed as haemorrhage, shock and multiple injuries consistent with a 80-to-100-foot fall.

Mr. Tokunbo added that Mr. Westendorf was "known as an adventurous man who enjoyed performing stunts''.

Mr. Westendorf's son Michael told The Royal Gazette shortly after the tragedy that his father was an avid sportsman and a bit of a daredevil.

Michael Westendorf also stressed that the pilot of the parasailing boat should not be blamed.

"I would not want to see harm come to the pilot or owner of the boat,'' he said. "He (the pilot) tried to get him off. That's why he went up and down (in the air) before he let go.'' He described the accident as unfortunate and said it was a risk his father took.

Mr. Westendorf's son gave Police a statement similar to what he told The Royal Gazette .

And Edler's lawyer Phillip Perinchief yesterday said his client operated the boat cautiously, but lowered the parasail incorrectly in a bid to let Mr.

Westendorf off. "That was his negligence,'' he admitted.

But Mr. Perinchief said the public had expressed sympathy for Edler and surprise that he was before the court.

"You do not have a common criminal before the court,'' he told Chief Justice Austin Ward. "You just have a scared man who made the wrong decision.'' Before hearing his sentence, Edler apologised to Mr. Westendorf's family, who were not present for the sentencing.

Mr. Justice Ward agreed that Mr. Westendorf was an "adventurous spirit'' and ordered Edler to pay a $1,000 fine. He also imposed a nine-month prison sentence which was suspended for a year.

COURTS CTS