THE KOWHAI INQUIRY.

Taranaki Daily News, 7 August 1919, Page 7

THE KOWHAI INQUIRY.

m> << ■" FURTHER EVIDENCE. Wellington, August 6. Further evidence was given to-day at the magisterial inquiry into the stranding of the Kowhai at Farewell Spit on June 6. Christian J. Anderson, second officer, stated that he and the captain were on the bridge when white formation was seen a good way off. This was taken to be the Curious Cliff, and unless the vesseh made a lot of leeway it eouia not have been the Curious Cliff. In the moonlight it might have been a sand hill that loomed up like a cliff. The vessel was on a course which would clear Farewell Spit. He considered the course safe, otherwise he would have called the Captain; he was certain he did not mistake the bank of clouds for the looming ahead of. land. Alfred. E. Carter, ordinary seaman, 17J years of age, who was at the wheel when the vessel struck, deposed that he did not see the chief officer leave the bridge, but saw him come up with a cup of tea and toast a little more than 50 minutes before the steamer grounded. Gordon G. Holden, a boy 19J years old, who was on the look-out, gave evidence to the effect that he was quite sure he could see nothing to indicate there was land in close proximity. Captain Dinsmore, re-called, paid that having Farewell light abaft the beam and .'and open on the port bow, he considered no further observations were necessary for the vessel's safety. The court will give its decision at 3 p.m THE FINDING. Wellington, Last Night. The court found that the course set by the master at 4.5 a.m. was a reasonably safe one, and did not consider the master contributed to the casualty, and ,could not see what could have caused "the vessel to run ashore at the point at which it did, if the course set had been followed.

The chief officer, in the opinion of the court, did contribute to the casualty. He went to the chartroom to get a cup of tea, and a very short time after his return the vessel was in a dangerous position. The court thought that if he had remained on the bridge and kept a good look out ho might have been able to see the danger in time to avoid it. The master was able to reach the bridge and order the vessel astern before the chief officer took any action. The court ordered the chief officer's certificate to be suspended for three months, and further ordered the chief officer to pay half the costs of the inquiry. The second officer, the court found, did not contribute to the casualty, and his certificate would be returned. Mr. A. W. Blair, who appeared for the first and second officers, submitted that the court had not power to suspend the first officer's certificate for two reasons; first, the court had not found any wrongful act or default on the officer's part, and such a finding wa3 necessary before a certificate could be suspended; secondly, sub-section 5 of section 238 of the Shipping and Seamen's Act provided that a certificate should not be cancelled or suspended unless a copy of the report nr stete. ment of the case on which the investigation or inquiry had been ordered had been furnished before the commencement of the investigation or inquiry to the holder of a certificate. The chief officer had been served with the report or statement of the case only at 10.30 a.m. yesterday, and the investigation had been begun on Monday morning. Eeplving to Mr. Blair's* first contention, Mr. Hiddell said the court „had found the chief officer was guilty of negligence.

Mr. Blair: But it has to find he was .guilty of a wrongful act or default, and the court has not found he was guilty of any wrongful act. Mr. Riddell said it was a. technical objection that had been raised, but it was good, and must be upheld. That part of the order relating to the suspension of the certificate would be deleted and the certificate returned on payment by the chief officer of half the cpsts of the inquiry. '' Mr. Blair questioned whether the court had power to impound a certificate pending payment of cojts. Mr. Riddell agreed it was doubtful .whether the court could hold the certificate. It would' merely order payment of half the costs.