Mandurah estuary boat crash: Witnesses say John Burdon wasn’t driving before manslaughter charges dropped

Four different eye-witnesses told WA Police for months that John Burdon was not in control of the boat which crashed in the Mandurah estuary, killing his wife and her best friend Kylie Bazzo — mother of West Coast player Rhett Bazzo. But it was only in the last few weeks, when those same four witnesses told the same story to prosecutors preparing to accuse Mr Burdon of manslaughter that their claims were revisited. Which led to the charges against Mr Burdon being dramatically dropped on Thursday. In January 2023, Mrs Bazzo and Debbie Burdon both died after the small boat they were travelling in smashed into a post marker after dark on the Mandurah estuary, flinging the two women into the water and leaving another man seriously injured. That man was Mr Burdon, the husband of one of the dead women. For almost two years — while grieving the death of his wife and recovering from his own serious injuries — he has also been accused of causing both those deaths after being charged with manslaughter. He had denied those charges and was due to face a trial next week. But on Thursday, prosecutor Michael Cvetkoski formally applied for those charges to be discontinued. He told the court that “further information” obtained in preparing for the trial meant there was now no reasonable prospect of conviction. “There is a possibility that Mr Burdon was not the driver of the boat,” he said. That outcome was not witnessed by Mr Burdon — who was said to be too overcome to attend court. But it was seen by members of Mrs Bazzo’s family, who conversed with Mr Cvetkoski before entering court and said nothing as they left. Outside court, Mr Burdon’s solicitor Michael Tudori laid out the reasons why the prosecution was canned and the questions which now remain. “(Mr Burdon) has been led to believe … that he was the driver of the boat that killed his wife and his wife’s best friend,” Mr Tudori said. “What has come about is that there were four independent witnesses, four people on a pontoon boat, seconds before the impact that caused the two females to become deceased. “Who witnessed another person — not John Burdon — driving the boat. “This information was given to police. It was in statements given to the police, yet the police did not want to follow that up. They did not make the appropriate inquiries. “That’s an absolute horrible thing to happen to someone who’s been led to believe last two years that he’s responsible for the death of his wife. “It’s not really good enough ... when there are two families that have had to grieve.” One of those four eye-witnesses told The West Australian on Thursday there was “no question that man was innocent”. “What we saw is what we saw. So there’s no better evidence than that,” she said. “The man that was not driving that boat — the passenger — was charged. And now he’s a free man. The one that’s not guilty gets to grieve, finally, for his kids and his wife. “It’s like a huge relief ... I don’t know John and his family, but tell him I had his back, all of us did. “We were never, ever going to let it rest until everybody knew that man did nothing wrong.” Following the crash, other witnesses told The West Australian Ms Bazzo, Mr and Mrs Burdon, and another man were seen at the Top of the Terrace Summer Bash in the hours before. The group was reportedly seen at The Brighton Hotel, which was one of the participating venues at the event, which featured live music and finished about 7pm. Police say their boat crashed into a post marker about 10pm. The tragedy caused an outpouring of grief, after it was revealed that Mrs Bazzo was one of the two women who died. She was the mother of West Coast Eagle Rhett Bazzo, 19, who has now lost both his parents. His father, WAFL legend Steve, died from cancer in 2015. Then Eagles coach Adam Simpson said at the time the club would give the grieving defender as much time as he needs away from football. Simpson said the club as a whole was grieving with Bazzo. And in a heartfelt tribute posted online, he paid tribute to the woman who had shown him “unconditional love”. “My beautiful mother,” he wrote. “Words cannot explain the feeling of not having you around anymore. “Forever grateful for the unconditional love you’ve always shown us. Thank you for choosing me. “You’re now reunited with your eternal soulmate.” WA Police say they are reviewing the decision to discontinue the charges and their investigation is ongoing.