A cruise line has argued in court its ship captain was justified in detaining a Sydney tradie for several days after a young woman accused him of sexually assaulting her during a threesome in his room
Royal Caribbean Cruises is appealing a decision to award Daniel Rawlings more than $100,000 in damages and court costs after he successfully sued the cruising giant last year.
The court heard Mr Rawlings was 28 when he was held in isolation for six days on the Explorer of the Seas in November 2016 following allegations made by a woman known as Ms A, who was found confused and disoriented.
Mr Rawlings, from Sydney’s northern beaches, denied any wrongdoing and was never charged by police.
In December Judge John Hatzistergos ruled the airconditioning tradesman’s continued detention was not reasonable and based on “a suspicion of a crime rather than any evidence”.
The court heard Ms A was found wandering naked through the ship in the early hours of November 15 and told security she had no memory of what had happened after she left the ship’s nightclub, Dizzy’s, about 2am.
She was captured on CCTV walking into Mr Rawlings’ room with him and another woman, and was later seen leaving naked before walking into an elderly couple’s room.
The other woman involved in the threesome told the District Court last year Ms A “knew exactly what she was doing” during the consensual sex session that lasted several hours.
Judge Hatzistergos found Mr Rawlings’ initial isolation for two days from November 15, 2016 was justified as ship staff were investigating a serious allegation against him.
But he ruled captain Richard Sullivan’s decision to prolong captivity on November 17 defied the advice of a company security expert, and appeared to have been influenced by the reaction of Ms A’s mother who said she would throw Mr Rawlings overboard if he was released from isolation.
The Court of Appeal heard on Monday, however, that Judge Hatzistergos did not properly consider “the risk to order on the vessel” given the emotionally charged environment on board.
Royal Caribbean’s barrister Edward Cox said captain Sullivan had the ultimate decision-making power and believed keeping Mr Rawlings locked up would protect him, Ms A and preserve a potential crime scene.
Mr Cox also argued the decision to award Mr Rawlings $97,394 was excessive as it took into account the initial shock at first being detained, which the judge had ruled was appropriate.
He said the judgment stating Mr Rawlings should receive $70,000 for the last three-and-a-half days he spent in a windowless room, receiving “room service” and watching TV, was “out of all proportion”.
Mr Rawlings’ barrister David Stanton said the payout was fair, stating his client’s time in isolation caused undue stress and anxiety.
The court heard Mr Rawlings was not told specific details about why he was being detained and feared being turned over to foreign police after Captain Sullivan revealed he wanted him off the ship at Noumea.
Mr Stanton said his client was stuck in a room with a door ajar where guards would check on him every 30 minutes, and at times walked in on him naked.
Mr Rawlings even took up smoking just to get out of the room for brief moments, the court heard.
“I felt like I had no rights whatsoever,” Mr Rawlings told the District Court last year.
Mr Rawlings said he was in tears when Ms A’s mother came to confront a security guard outside his door yelling that he should be “bound”.
The court has heard Mr Rawlings was initially detained after security staff formed the view Ms A could not have consented to sex due to her intoxicated state, and her mother suggested she might have been drugged.
Mr Rawlings was held for the bulk of the 10-day trip from Sydney to Vanuatu he booked for $2500 with his best mate. For two days he was detained wearing only a pair of shorts.
The court heard Captain Sullivan had intended to have Mr Rawlings disembarked at Noumea while the cruise continued to Sydney on November 16, but local authorities refused to allow it.
A police investigation found Ms A’s memory of the night was contradicted by CCTV footage on board the ship and that she had no recollection of events inside Mr Rawlings’ room.
The court has reserved its decision.
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