MOTOR VESSEL'S MISHAP

Chronicle (Levin), 4 June 1948, Page 5

MOTOR VESSEL'S MISHAP

Press Association)

Court Of Inquiry Begins Investigation

(Per

WELLINGTON, June 4. Claiming that no good purpose could be served, Dr. O. C. Mazengarb, appearing for the .Merehant dervice GuLd, entered a protest at ihe' holding of an inquiry into the mishap to the motor vessel Port Waikato, when tne Court of Inquiry began its investigations in the Magistrate's Court today. - - The Port Waikato, en route from the Chathams to New Zealand, became disabled on May 11 when a wire cable-runner fouled her propellor. She was later towe'd to:. Wellington by the Kamo.' The court consisted of Mr. J. S. Hanna, S.M., and Captains A. T. Norton and A. H. Howi'e:' Dr. N. A. Foden appeared' for the superintendent of Mer(cantile Marine, Wellington, ama Mr. W. H. Cunningham for - Holm jand Co., who hoid the vessel on a 'long-term charter. Dr. Mazengarb appeared for the Merehant Service Guild to watch the interests of the captain and officers. He 'desired to state that his appearance was conaitional, and made under protest and ' without Iprejudice as to the jurisdiction of the Court of Inquiry, said Dr. Mazengarb. It was submitted that the court was not properly convened in that there had been no los'i of life, the ship was not abandoned and there had been no material oi serious damage within the meaning of those words in the Act. "I jinake it a conditional appearance because Your Worship and gentle'men cannot be presumed to know at this stage what actually happened," he said. "But the Marchant Service Guiid is very concerned that of late there appear jto have been a tendency to make an inquiry whenever anything luntoward happens at sea. This L lone of the cases in which it is conjtended by the guild that no realr igood purpose can be servcd by thi ..nquiry. Publicly it is well-knowu what the cause of the happening was." *

In the inquiry, added Dr. Mazengarb, he did not propose to embark upon,- because he submitted it wai not necessary, any discuoSion as to who was responsible for the fact that wire rope which fouled tlie boss of the propellor was not properly lashed. , Replying' to the points raised bv _Dr. Mazengarb, Dr. Foden said that cQunsel had not exhausted thclist of easuaities in respect oi Which an inquiry of its kind could be held. An inquiry could be he'd following any occasion on which damage;; however trivial, was causev to a British ship. Jf, after it hac heard the evidence, the court considered the question of canceliation or suspension "jnight arise — he did' not suggest that — then tn. damage must have been serious before such action could be taken ft might short circuit any lega'1 argument if he drew the attention of the court to that point at the present juncture. "On the -general question of whether or not there should be an inquiry, the court should agree that this casualty was attended by nr serious results. although it migh. have been otherwise," said Dr. Foden. "The vessel was disa-bled in a simple but effective fashion by what is called a cargo runner, 2f nches in circumference, fouling the propellor. The master acted with commendable promptitude and efficiency in dealing- with the situation that arose, but nevertheless the potentialities of greater disaster were present. For that reason the Minister thought fit to direct this inquiry." The court then proceeded to hear evidence. .