Jet ski driver Bruce Dawson Foggo claimed yesterday he did not remember the crash which killed a fisherman last year. In the incident, on April 12, Al Reulle Reuben Shamsid Deen, 50, of North Shore, Devonshire drowned after he was lost from the boat he was in with friend Calvin Wilson.

Foggo, 35, of Ballast Point, St. George's, pleaded not guilty to driving without due care and attention, impaired driving and refusing to take a breath test.

Yesterday before Senior Magistrate Will Francis Foggo gave evidence for the first time as Victoria Pearman opened the case for the defence.

He recalled driving along on his jet ski, feeling something hit his arm and coming to in the water.

Of the incident he could not remember a thing, he said.

He said he did not see a fishing boat and the first time he saw Shamsid Deen's damaged vessel was when he was shown pictures of it in court.

Also a Policeman yesterday testified he heard the accused say "I have just killed a f..king man''.

Sgt. Merwyn Greenridge testified that Foggo made the remarks after his arrest following the accident off Devonshire Dock.

Earlier Sgt. Greenridge told how Foggo's eyes were red, his speech slurred and how he smelt heavily of alcohol.

He said that Foggo said: "I only hope you investigate the reason why the boat was on the water without lights''.

After his arrest, Foggo was taken to Hamilton Police Station where he refused to give two samples of breath for analysis.

Station Sgt. David O'Meara told Crown counsel Sandra Bacchus that Foggo smelt strongly of alcohol.

"I asked him for two samples, he said "what for? A boat accident, I am not giving one''.

"I asked him a second time, he replied "no I am not''.'' Earlier, Sgt. Linda Perry said Foggo's behaviour was consistent with someone being drunk but agreed with defence lawyer Victoria Pearman that his actions were also consistent with someone who had just come out of the water.

And Sgt. Greenridge agreed with Miss Pearman that Foggo's actions were the same as someone who had just experienced a traumatic event.

Also yesterday a friend of Mr. Shamsid Deen, Carlton "Country Bob'' Jones broke down in court as he recounted the horrific collision.

Mr. Jones was at Devonshire Dock when he noticed the jet ski, which he said had lights on it.

He said it took off and was going fast, and he could see its lights in the dark.

"Then I heard the collision. I knew right away that he had hit Bootsie (Calvin Wilson) and Shamsid Deen because they were just around the corner fishing,'' he said.

He then described how his friend Bootsie was screaming for help and a rescue mission was launched.

Mr. Jones disagreed with Victoria Pearman that he only thought the ski was going fast because of the sound not because he saw it.

Foggo described how he had driven his jet ski along to the Great Sound from St. David's, and back along North Shore where he stopped at a friend's house close to Devonshire Dock.

After talking to some friends there he headed off for home.

"I was going along and I felt something hit my arm, that was the last thing I remember,'' he said.

Foggo then recalled hearing someone shouting out to him in the water, before he was taken ashore. Under cross examination from Miss Bacchus, he said he didn't have a clear memory of the accident or how it happened.

He said he only had two bottles of beer.

COURTS CTS