He previously told the Advocate: “It broke me. I lost everything in one night. They left me with nothing. That yacht was my home.”
Carey’s 52-foot (15.85-metre) ketch, the Never Ending, valued at about $250,000 and which he had lived aboard for two years – mainly in Auckland and Northland harbours – was left to drift without any attempt to secure it or activate its emergency beacon.
He was denied the chance to retrieve personal belongings, and both men were transported across the notoriously dangerous Hokianga Bar in handcuffs without lifejackets. (The report noted the sea was calm during the crossing that night.)
Carey’s claim of having been seriously assaulted by his crewmate was not investigated, and neither man received any medical or mental health assessment while in overnight custody before being released in Whangārei the following morning with no means to go anywhere.
Carey, a highly experienced sailor and former tuna boat skipper, told the authority the yacht contained everything he owned, including irreplaceable photographs, sailing qualifications he had accumulated since he was 16, and a laptop with access to his financial accounts.
Neither Carey nor his crewman was allowed to retrieve wallets, phones, shoes, or suitable clothing before being escorted off the yacht at about 8pm.
Both were taken by Coastguard vessel to Opononi, then driven to Whangārei and held overnight in custody before appearing briefly in court the next morning and being released.
The 15.85m ketch the Never Ending was designed by John Pugh and home to highly-qualified sailor Jabe Carey. Photo / supplied
The authority acknowledged police faced a challenging and unusual maritime operation but criticised several aspects of their response. While command and control arrangements were deemed appropriate, the report found:
Police should have made further inquiries before abandoning the yacht.More planning was needed to safeguard the vessel or enhance chances of recovery.Denying Carey the opportunity to retrieve essential items was unreasonable.Police should have removed handcuffs and provided lifejackets during the return trip.Mental health assessments for both men should have been arranged before court.No action was taken on Carey’s assault complaint while in custody.
Judge Kenneth Johnston KC, IPCA chair, said the decision to abandon the yacht appeared “predetermined” and resulted in the loss of Carey’s home and possessions. “Life was rightly prioritised over property, but more could have been done to mitigate the consequences,” the report stated.
Jabe Carey negated a police claim his ketch was in poor condition, supplying these photos taken shortly before it went missing. Photos / supplied
During the inquiry, police acknowledged shortcomings, including not activating the yacht’s emergency beacon, but said safeguarding the vessel was a secondary consideration.
Officers said the decisions were made under time pressure and in challenging conditions. They feared risks if Carey reboarded the yacht or if handcuffs were removed at sea, and cited concerns about the yacht’s condition and fading daylight.
Police said their failure to arrange mental health assessments or investigate Carey’s assault complaint was due to a misunderstanding over whether those tasks should be handled by custody staff in Whangārei or the arresting officers from the Far North.
Police have since held a debrief with Maritime NZ and Coastguard. One recommendation is to develop a clear policy for maritime operations, which the IPCA supports.
At the time of the rescue, Carey was cleared by medical staff as stable. He wanted to stay aboard, but officers insisted on taking him ashore because of an outstanding warrant for a relatively minor matter – as shown by the police not opposing bail the next morning.
Within days, the yacht was gone. Despite air searches – and without Coastguard involvement – no trace was ever found.
Carey was also concerned about his crewmate, who he believed was mentally unwell and should not have been released on to the streets of Whangārei without any medical assessment.
The man was later found in Auckland by concerned relatives who flew from Invercargill to look for him. A charge he faced arising from the incident was ultimately dropped.
Today, Northland District Commander, police superintendent Matt Srhoj said police responded to what they believed was an imminent risk to the master’s life.
“Had more accurate information been available, Police would likely have taken a more considered and delayed approach.”
“Upon arrival, officers were faced with a situation that was quite different to the one that had been reported to us.
“The alleged offender was compliant, however, the victim was in an agitated state, and a risk assessment was made that it was unsafe to leave him alone on the vessel.”
Time pressures and the yacht’s poor condition influenced the decision.
“We recognise the vessel was this man’s main residence and acknowledge what he has lost,” Srhoj said.
Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, most of which she spent court reporting in Gisborne and on the East Coast.