Police can confirm that the occupants of the boat that sunk in Wellington Harbour at approximately 3.30pm on the 18th of August 2012 were not wearing lifejackets, despite having them stowed in the boat.
The pair launched their boat to set a net in the Wellington Harbour, and after completing this, the boat has capsized approximately 75 - 100 metres from the shore, opposite Hutt Road, near Horokiwi.
Both men have swum for the shore after the boat has sunk a short time after capsizing.
The surviving fisherman has made it to shore, and when he turned around for his associate, he realised that he had disappeared from view.
He has flagged down a passing cyclist, who has then contacted emergency services via his cellphone.
The body of the 49-year-old man who was recovered from Wellington Harbour on August 18 was that of Leon Grant Scurrah from Lower Hutt.
The boat was recovered by the Police National Dive Squad on the 19th of August 2012.
The matter has now been referred to the Coroner.
Both the family of Leon and surviving fisherman have requested media respect their need to privacy and advise they wish to have no contact with the media.