of charges of causing death and injury by reckless driving of a boat last summer.

The nine women and three men also found him not guilty of lesser charges of driving dangerously and driving without due care.

It was a "simple mishap'' his lawyer Mr. Archie Warner said afterwards. But before Puisne Judge the Hon. Mr. Justice Ward discharged the 17-year-old, he sternly told him: "You had no business being out there at that hour of the night. This probably could have been avoided.'' Jurors heard Talbot crashed into a small, partially submerged Lambda Island in the Great Sound in the early hours of last September 1. Wayne (Bum Bum) Swan, 30, was thrown out and died instantly of "massive head injuries''.

Anthony Johnson, 16, suffered a gash to his head which left a scar. Talbot joyfully pounded the side of the dock on hearing the jury's verdicts.

He said afterwards he was upset that his family, who had been present throughout the week-long trial, had not been there to share in his joy.

They were absent because court clerks had mistakenly told them the jury would not be back until after the lunch-hour. Jurors came back just before lunch, after about two hours of deliberation.

Talbot had no other comment except that his school mates had been supportive.

His lawyer Mr. Archie Warner spoke on his behalf: "He is a young boy who's still upset over the death of his friend. It was a simple mishap which occurred largely because Lambda Island is not marked.'' The jury's verdicts clearly showed members had believed Talbot took all due care he could under the circumstances, Mr. Warner said.

The foreman of the jury said the verdicts on the latter two charges of dangerous driving and due care were not unanimous, but a majority 9-3 verdict.

The prosecution had argued Talbot made a "horrible, terrible decision'' when he headed for Hamilton Harbour, with four people on board, on a moonless night to meet a party cruise.

Solicitor General Mr. Barrie Meade said seas were choppy and he had no working bright light, yet he chose to pass through the Great Sound knowing there were lots of small islands in it. He also did not follow the channel markers, admitting he was unfamiliar with them.

Mr. Meade claimed Talbot had been speeding in excess of 25 miles an hour. But Mr. Warner said Talbot "did his best and acted as a reasonable and prudent person would in the circumstances''.

He denied Talbot had been speeding, saying he had slowed down on entering the Great Sound and kept a lookout. He saw the island from 75 feet away but did not go wide enough.

The court heard Talbot travelled 60 feet onto it. The other two people who had been on board, owner of the 17-foot Ocean Arrow Kirk Wade and Shannon Tucker, 18, were unharmed.

Mr. Meade had said in his final submission the trip Talbot chose to make was "incredibly dangerous''. "Just because he was 16-years-old (at the time) does not stop the fact that a crime was committed.'' But Mr. Warner said recklessness implied "a high degree of culpability''.

"It must be proved that the defendant drove the boat in such a manner as to create an obvious and serious risk of causing physical injury or death.''