PENGUIN ENQUIRY.

Manawatu Herald, Volume XXXI, Issue 453, 16 March 1909, Page 3

PENGUIN ENQUIRY.

♦ NOTICE OF APPEAL LODGED.

An appeal has been lodged in the Supreme Court by Captain Naylor, master of the ill-fated s.s. Penguin, against that portion of the decision of the Court of Inquiry which involved the suspension of his certificate for a period of twelve mouths.

The grounds of the appeal are as under

(1) That it was not proved that the casualty was due or contributed to by any negligence or wrongful act or default of the master-

(2) That it was not proved that under the existing weather conditions at any time after nine o’clock on the night of the disaster shelter should have been sought, or thq vessel’s head put out to sea, instead of her course being continued to Wellington. (3) That it was uot proved that the master, under existing circumstances, was guilty to a breach of Article 16 of the Regulations for Preventing Collisions at Sea. (4) That it was not proved that under the circumstances shown by the evidence the master should have taken soundings.

(5) That there was no evidence to indicate where the vessel struck, and, in particular, there was no evidence to show that the vessel did uot strike an uuchartered rock or submerged wreckage. (6) That generally there was no evidence to warrant the Court suspending or interfering in any way with the master’s certificate.