THE WIMMERA INQUIRY

Dominion, Volume 12, Issue 14, 11 October 1918, Page 6

THE WIMMERA INQUIRY

COUNSEL'S ADDRESS. By Tolegraph.—Press Association. Auckland, October 10. At the Wimmera inquiry, Mr. ]31om-, field, representing the widow of the" late Captain ICell, addressed the Court. Mr. Blomfield said the inquiry was directed to three points—the cause of the casualty; could the casualty have •been avoided; and, if so, how?, With regard to tho first point, he submitted that there was a north-easterly set of the current at the scene of the disaster, aided by a strong westerly wind. He held that there would be at least a 2J-kuote set towards the north-east. This might easily have the effect of bringing the Wimmera within the danger zone, lie submitted that the Court should proceed on the assumption that the boat had not struck a mine, and then on the evidence arrive at a conclusion as to the cause. of the wreck. The evidence, he submitted, was not such as to entitle the Court to infer that the wreck" was caused by a mine. With regard to the second point, he submitted that negligence had not neon shown, and that the course taken by the Wimmera was such as would have been taken by the average master mariiier. The Court had to consider whether they would look upon the instructions to master mariners as mandatory or merely. directory. If they found that the instructions were not mandatory, Captain Kell could not be held to have been to blame. Mr. Blomfield submitted, that if it was considered that tho Wimmera was following the wrong course on the trip prior to the casualty, it was tlie duty of the officer in charge, of the minesweepers to have warned her, and steps should have been taken to havo prevented her from following that course again. If this submission were admitted, then there was contributory negligence on tho part of the Admiralty. - ■ ■ The chairman pointed out that tho commander of the mine-sweepers did not know definitely that the coast was within the danger zone, and did not know what instructions had been issued to the master of tho vessel. Mr. Blomfield submitted that had a warning been issued the disaster might have been avoided. The inquiry was adjourned until tomorrow. .