Skipper struck partner to avoid rocks

Docking: The boat was returning to Hillarys Boat Harbour. Picture: Mogens Johansen/The West Australian

A skipper who struck his de facto partner to the face so hard that she needed to be hospitalised claims it was a reasonable action because she was jeopardising the safety of the vessel as it docked at Hillarys Boat Harbour.

Sarah Kelly, 33, suffered a ruptured eyeball, fractured jaw and broken nose after her then-partner Allan James Williams hit her on August 3 last year.

Ms Kelly was already blind in her right eye because of a pre- existing condition but the blow has led to ongoing medical complications, the District Court was told yesterday.

The prosecution said Ms Kelly was agitated and screaming at Mr Williams as the boat pulled into the marina because the 41-year-old had hit her earlier in the trip, albeit with less force.

Defence lawyer Terry Dobson said the boat was in danger of hitting rocks or a steel walkway leading to the jetty when Ms Kelly approached Mr Williams at the steering wheel.

Despite witnesses on the shore claiming a punch was thrown, Mr Dobson said his client used the "heel of his palm" to push Ms Kelly away, which he was within his rights to do because he was responsible for the safety of the boat and those aboard - including the couple's five-year-old son and another child.

Under Section 258 of the Criminal Code, a boat skipper or aircraft pilot may use reasonable force to maintain good order.

"The accused was acting in self-defence and . . . to protect others, particularly the two five-year-olds in a very vulnerable position," Mr Dobson said.

"We don't accept that it was a punch but he is very sad to this day the complainant suffered injury."

Ms Kelly, who appeared as a witness via video link, said Mr Williams left the steering console before striking her. She said the force of the blow was so powerful she fell backwards.

Mr Williams is charged with endangering the life, health or safety of Ms Kelly.

The trial continues today.