Police in a statement in April said emergency services were called to North Head, Moruya, following reports a boat had capsized.

Police were told a six-metre aluminium vessel carrying three men tipped over shortly after exiting the Moruya River mouth.

Witnesses on the break wall tossed a lifebuoy to the men and all three were brought back to shore.

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Witnesses and paramedics performed resuscitation on a 66-year-old man, however he could not be revived and died at the scene.

The skipper, Raymond Giucci of Batemans Bay, was uninjured and taken to Moruya hospital for mandatory testing. The third man, aged 36, was also uninjured.

Police then launched Strike Force Barragunda, comprising officers from South Coast Police District and the Marine Area Command, to investigate the circumstances surrounding the incident.

Following inquiries, investigators charged Giucci, in his 60s, with causing death from negligent operation of a vessel.

His case came before Moruya Local Court last Friday when a plea of not guilty was entered.

The case is scheduled for return on September 9 and a prosecution brief of evidence is to be served to Giucci's lawyer one week prior.

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