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A MAN charged with "failing to give way" after a fatal boat crash that claimed the life of a young Kyneton girl has been fined $1000.
Brian Matthews, 45, pleaded guilty at Bendigo Magistrates Court on Thursday to one count of contravening the collision contravention.
The single charge falls under the Marine Safety Regulations Act 2012 and is the equivalent of failing to give way.
Courtney Keast, 12, was with a friend and their family at Lake Eppalock on January 10 when the incident occurred.
Court documents obtained by the Bendigo Advertiser reveal Courtney was a passenger on Matthews' boat and was crushed when a second boat crashed into the rear of his vessel.
Courtney was airlifted to the Royal Children's Hospital with serious head injuries but lost her fight two days later.
A police investigation concluded the crash occurred because Matthews had failed to keep out of the way when crossing in front of the second boat.
Courtney's mother Jodie wiped tears from her eyes as Matthews' lawyer Ashlee Cannon applied for the matter to be dealt with by diversion.
The diversion process is available for some minor charges and allows a defendant who accepts responsibility for their crime to avoid a criminal conviction and benefit from assistance programs where appropriate.
Ms Cannon said while nothing would undo the terrible tragedy that occurred, the charge before the court was a minor one.
She argued witnesses had been unable to explain how the boats collided and said police had not found enough evidence to lay a more serious charge against her client.
"Every person who was involved in this incident has been affected," she said.
Judicial Registrar David McCann said it was clear there were many victims of the crash, including the defendant.
But he said while in isolation the charge was indeed minor, the circumstances of the case were an "absolute tragedy" and too serious for it to be dealt with by diversion.
Ms Cannon appealed the decision, but the application was again refused by Magistrate Richard Wright.
"There's a death of a young child in unfortunate circumstances," Mr Wright said.
"I think a death is something that's not going to be covered by diversion."
Following the decision, Matthews pleaded guilty to the charge which carries a maximum penalty of 20 penalty units or almost $3000.
Sentencing Matthews, Mr Wright said his plea and clean record had been taken into consideration. He fined Matthews $1000, without conviction.
Courtney's family were not in court to hear verdict.