Stephen Fossi entering the Magistrate's Court on crutches today, March 26, 2015. Photo: VINO

The boat accident on January 24, 2015 near Cow Mouth had claimed the lives of Mr Howard Anderson and Ms Kari Anne Way. Photo: Provided

The New Zealand national is also allowed to leave the territory during the adjournament of his case.

$60, 000 of the total bail sum is to be paid in cash, with the $140, 000 remaining to be covered by two signed sureties.

Fossi, 43, was the captain of the inflatable vessel, ‘The inevitable’, that allegedly hit a rock in the vicinity of Cow Mouth off Virgin Gorda on the night of January 24, 2015. Two passengers were killed in the accident.

When authorities arrived on the scene of the mishap they came upon the lifeless body of Jamaican national Howard Anderson on the deck of the boat while USA national Kari Anne Way‎ was found sometime after in the sea, also dead and with extreme damages to her lower extremities.

According to Magistrate Ms Ayana Baptiste-DaBreo, the bail amount proposed by Fossi's lawyer Patrick Thompson was "insufficient" while the Crown had proposed $100, 000.

Ms Baptiste-DaBreo also stated that she didn't impose any travel restrictions on Fossi since he had voluntarily returned to the territory to answer the charges.

Fossi is to return to court on May 27, 2015.

Devastated at death of work colleagues & close friends

Out of court, Fossi gave a statement to the media in which he expressed remorse at the tragedy and said the persons who lost their lives were very close friends of his.

"I left the BVI about 10 days after the accident after ensuring it was legally OK to do so. I traveled to the USA to be with my family and to receive medical treatment for injuries ‎I sustained in the accident.

While in the USA, I heard that charges had been laid against me in the BVI, arising from the accident. I immediately asked my BVI lawyers to make inquiries to see if this was correct. After a couple of days my lawyers confirmed that two charges had been laid. I immediately agreed a letter with my lawyers and sent this to the BVI prosecution authorities. I advised the authorities that I would voluntarily return to the BVI as soon as my medical progress permitted to answer the charges.

The accident is now the subject of two charges and before court. Accordingly, my lawyer has told me that I must not discuss anything that happened that night. However I do want to say, that I am devastated that two very close work colleagues and friends of mine died: and three other colleagues and close friends were seriously injured in the accident. I use this opportunity again today to extend to the families of the two people who tragically lost their lives, my very sincere condolences and prayers to those families. I also wish the three injured persons a speedy and complete recovery," Fossi stated."

See story published March 26, 2015

Fossi ‘voluntarily’ returns to face manslaughter charges

- New Zealander was the captain of ill-fated vessel on January 24, 2015

Stephen Fossi, 43, a New Zealand national now residing in the USA was brought before the Magistrates Court at John's Hole today, March 26, 2015 to answer to two counts of manslaughter charges. The court was told Fossi voluntarily returned to the Virgin Islands for his court matter.

Fossi was the captain of the inflatable vessel, ‘The inevitable’, that allegedly hit a rock in the vicinity of Cow Mouth off Virgin Gorda on the night of January 24, 2015. Two passengers were killed in the accident.

When authorities arrived on the scene of the mishap they came upon the lifeless body of Jamaican national Howard Anderson on the deck of the boat while USA national Kari Anne Way‎ was found sometime after in the sea, also dead and with extreme damages to her lower extremities.

The Crown, represented by ‎Attorney O'Neil Simpson, told the court that the defendant had left Bitter End area that night, along with Anderson, Wray and two others and were believed to have been heading to Leverick Bay. They were allegedly engaged in some entertainment activities.

According to Simpson, the vessel allegedly hit a rock.

Bail application

The court also heard from the defendant's lawyer, Patrick Thompson, that Fossi voluntarily returned to the territory to answer the charges brought against him.

Mr Thompson told the court that his client had left the territory for the USA to advance surgery for his injuries sustained in the same accident. At the time of his departure, there were no charges laid against him.

The lawyer further said it was while overseas receiving medical care that his client inquired whether charges had been laid against him and was told 'yes'.

Furnished with this information, Thompson said Fossi indicated his intentions to return for the trial and soon travelled back to the territory where he turned himself over to the Royal Virgin Islands Police Force (RVIPF) where he was formerly arrested and charged.

At the time of making this information known in the court, Thompson was applying for bail. He presented his case as to why his client should be considered for bail and his ability to post such bail, first with surety under certain conditions as his client is no longer a resident of the VI, or in cash if the first option was not accepted by the court.

‎Magistrate Ms Ayana Baptiste-DaBreo then put the matter down to 3:00pm today to give the defense the ‎time requested to furnish the court with certain documents that would play a vital role in her decision for bail consideration.

Prior to the incident, Fossi was employed by Oil Nut Bay as the Director of Marine, a post he held for some 10 years. He is no longer an employee of the resort.

See link to previous story:

 http://www.virginislandsnewsonline.com/en/news/update-fossi-charged-with-two-counts-of-manslaughter