A cruise line has successfully argued 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.
Daniel Rawlings was awarded more than $100,000 in damages and court costs in 2020 after he successfully sued Royal Caribbean Cruises.
But now he has been ordered to pay the money back and foot the legal bills of the major Miami-based cruise company for both the initial court action against it and the appeal hearing.
The NSW Court of Appeal heard Mr Rawlings was 28 when he was held in isolation for five days on the Explorer of the Seas in November 2016 following allegations made by an 18-year-old woman known as Ms A, who was found confused and disoriented.
The court heard the teenager 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 Ms A “knew exactly what she was doing” during the consensual sex session which lasted several hours.
The incident occurred five days into the ten-day voyage while the ship was in international waters and Mr Rawlings, from Sydney’s northern beaches, denied any wrongdoing and was never charged by police.
In the District Court, Judge John Hatzistergos initially ruled the airconditioning tradesman’s continued detention was not reasonable and based on “a suspicion of a crime rather than any evidence”.
Judge Hatzistergos said holding Mr Rawlings beyond noon on the third day was uncalled for, after ship Captain Rick Sullivan was told by the cruise company’s security department he be released on the condition he stay away from Ms A.
“Following a meeting between the captain, senior ship’s officers or crew, and Ms A and her mother later that morning, at which A’s mother became emotional and threatened to throw the respondent overboard if he were released, the captain communicated his decision at midday to keep the respondent in confinement until the ship returned to Sydney,” the appeal judgment says.
Mr Rawlings was awarded general damages of $70,000, aggravated damages of $20,000 and the court ordered the cruiseliner pay the costs of the legal proceedings.
The cruise company appealed the decision.
When the matter was brought to the NSW Court of Appeal, the cruise company argued that Judge Hatzistergos did not properly consider “the risk to order on the vessel” given the emotionally charged environment on board.
Justice Anthony Meagher said Captain Sullivan decided to keep Rawlings in detention to avoid any potential conflict.
The court heard keeping the tradie in his room until the ship docked in Sydney was necessary to ensure everyone was kept safe, including Mr Rawlings.
Justice Meagher said the finding that the 28-year-old’s detention was “akin to solitary confinement” had no evidence, as his welfare was regularly checked by both security and medical staff.
“He was given the opportunity to make twice daily visits to the crew deck, where he had access to the open air and the opportunity to smoke,” Justice Meagher said.
“He also had 24-hour access to food and non-alcoholic beverages, as well as the opportunity to acquire necessary clothing from the ship’s gift shop.”
The xjmtzywthree judges of the NSW Court of Appeal ruled in the company’s favour on February 4, meaning Mr Rawlings now has to pay back the $100,000.
In addition, he also has to pay the Royal Caribbean’s cost of the appeal.
