Yachtsman to Pay Court Costs Only

Sun (Auckland), Volume II, Issue 583, 8 February 1929, Page 1

Yachtsman to Pay Court Costs Only

CONVICTION RECORDED

SEQUEL TO OCEAN CRUISE A conviction, with the imposition oF court costs inc uding solicitor's tee, was recorded against Harold J. C. George, owner of the yacht Victory, when a reserved judgment was delivered in the Magistrate’s Court this morning by Mr. W. R. McKean. S.M. Harold George, with Geoffrey George and Cyril O. Bowman, was charged at the Court last .Friday with leaving a. vessel liable to quarantine. The case was brought by the Health Department, and was a sequel to the adventurous ocean voyage of the Victory between Auckland and Norfolk Island. There was a fourth charge, against Haro id George as owner of the yacht, for nor. carrying a quarantine flag on a vessel going overseas. Mr. V. N. llubble, who prosecuted, said that it was essential that the provisions of the Health Act should be enforced stringently. On the arrival of the yacht oft Whangaroa front Norfolk Island, the men failed to comply with the quarantine regulations oy not. having been granted pratique by any medical officer. They had been examined by a doctor after they landed at Whangaroa, but there were port health officers at Russell and Wliangarei. “Even when the yacht arrived at Auckland.” Mr. Hubble said, “no communication was made with the Jlealilt Department.” The explanation offered by Mr. George was that he landed at Whangaroa to get water. Supplies had been obtained at an isolated spot near Whangaroa Heads. Only a cupful was left on the yacht, the water from Norfolk having gone fetid. The crew had not spoken to anyone until a doctor had been seen. It was not known that there was a health officer at Russell. “There is no evidence that the water brought from Norfolk was not fit for consumption as it was not analysed,” said Mr. McKean this morning. The magistrate was of the opinion that no marine casualty had occurred and a marine casualty was the only emergency for which provision was made in the Act. The contention in regard to the hoisting of the flag was that it need be flown only on vessels with two masts, the mainmast being specified, but that was not the meaning of the Act as the regulation applied to all ships. “Defendant could have done much more than be did to avoid a breach of the Act,” concluded Mr. McKean, “but, as the action is brought mainly to stress the need for compliance with, the regulations, I shall impose costs only.” Mr. Hubble asked that the charges 1 against Bowman and Geoffrey George be withdrawn as a conviction was | sought against the owner only. Harold George was also convicted l and ordered to pay costs on the second I charge of failing to hoist a quarantine ; signal.