NAUTICAL INQUIRY

Dominion, Volume 11, Issue 4, 29 September 1917, Page 8

NAUTICAL INQUIRY

— *- —- COURT'S JURISDICTION QUESTIONED PROCEEDINGS ADJOURNED A Nautical Court, Mr. 3. G. L. He.witt, S.M., and Captains Black and M'Nab, sat at Wanganui on Thursday for tho purpose of inquiring into the circumstances connected with the rescue'of the crew of the lighter Dorset, which recently sank iii- the roadstead. , Mr. G. Marshall appeared for the Marino Department, and Mi. W. J. Treadwell for Captain Irvine, the master of the lighter' Shamrock. At .the opening of the proceedings. Mr. Treadwell contended that the Court had no jurisdiction to hold the inquiry, which was a charge of misconduct against Captain Irvine. Tho questions for the Court to answer, as set out in the aotice served, were: (1) 'Whether the master of the Shamrock knew the Dorset was in distress; (2) whether He could have' gone to tho assistance of the Dorset without danger to his vessel; and (■!) did Captain Irvine knowingly and wilfully commit a breach of Section 203 of the Shipping and Seamen Act of 190S? Mr. Treadwell said the first two clauses were of minor importance, the real ques.tion being whether an offence was committed under tho section quoted.' He pointed out that Section 203 provided that it was the duty of the master of a ship, if it were without danger to his crews and passengers (if any), to proceed to the assistance of a ship in distress, and endeavour to save life; and if a master knowingly or wilfully committed a breach of that provision he would ha guilty of misconduct under Section 239 of the Act. Another point, said Mr. Treadwell, was that the Court must be constituted as provided by Section 239, and that it must consist of a person appointed by the Minister, a Magistrate, or two Justices, sitting as a Court of summary jurisdiction; and further; if any person but a Magistrate or two Justices were appointed, such person must hold the inquiry with the assistance of a Magistrate or some competent legal person. Mr. Treadwell said a Court to inquire into a shipping casualty was constituted under Section 235 of the Act, and consisted of a Magistrate and two assessors. The powers as to cancellation of certificate in the case of a, Court sitting under the terms of Section 239 were different from those of a Court sitting under the terms of Section 235. Contain Irvine was entitled, to have the case heard under Section 239, and he could claim all the privileges as if the charge 'were an offence in a Court of summary jurisdiction. Mr. Treadwell said he had no objection to the Court as constituted, but he considered that he should raise the point, instead of allowing the Court to proceed, and in the event of an adverse decision, taking subsequent steps to test the question of jurisdiction. Mi Marshall said the proceedings had been instituted by the .Marine Department In view of the point raised, he suggested that the proceedings be adjourned. ,- Mr. Hewitt: For what length .ot Mr' Marshall: Sine die. I do not think the Court will have to be called again, as I believe Mr. Treadwell is right m his contention. I heliove the Marine Department will invite a nautical man to conduct the inquiry and invite a Magistrate to sit with him. Mr. Hewitt said that if the proceedings came before a Magistrate alone he would prefer the case to be heard by another Magistrate, as he was in the former inquiry. ' . Mr. Treadwell: We would have no objections to Your Worship' hearing it. Mr. Hewitt: The position seems to be quite clear. ~ Mr. Treadwell said Mr.-Marshall was asking for an adjournment for the authorities to .decide if the inquiry was to go on before the Court as at present constituted. If it were decided against him (Mr. Treadwell), he would be placed in the position of having to take further steps. The inquiry was then adjourned sine die.