WAIRUNA—MOONAH COLLISION.

Auckland Star, Volume XXXIX, Issue 141, 13 June 1908, Page 8

WAIRUNA—MOONAH COLLISION.

MASTERS PETITION MINISTER. A RE-HEARING DECLINED. Consequent upon the finding of the Isautical Court of Inquiry upon the circumstances surrounding the collision of the s.s. Wairuna and the Moonah, and the suspension of the master of the latter vessel, with costs against him, the Auckland Coastal Masters' Association held an indignation meeting, at which it was decided to appeal against the finding of the Court. It was also resolved that in the event of the decision not being reversed, the masters should again aneet to consider the advisability of leaving their vessels, as a protest against the finding, since it was felt that no member of the Association could have done more under the circumstances than did the master of the Moonah.

The following letter, bearing on the subject, -was forwarded to the Minister for Marine by Mr. Richard Organ, secretary for the Auckland Coastal Masters' Association:

"I am directed by the Auckland Coastal Masters' Association, representing 115 masters of small trading vessels, running out of the port of Auckland, to write to you, requesting you to grant a re-hearing in the Nautical Inquiry into the circumstances surrounding the collision between the s.s. Wairuna and the Moonah. After a close consideration of the facts of the case, the members of my association are convinced that a wrong decision has been given, and that the master of the Moonah could not have done more than he did in order to avoid the collision. "We most respectfully and strongly urge on you the. necessity for a re-hearing, beifore another tribunal, in order that justice may toe done the master of the Moonah. (.Signed) Richard Organ."

In reply to this communication to the Minister, the following reply has been received by the secretary of the Auckland Coastal Masters' Association: —

"I have the honour to acknowledge the Teceipt of your letter, on 19th ultimo, which you ask that a rehearing may be granted in the case of the iiyjuiry into the collision between the s.s. Wairuna and the Moonah. In reply, I have to state that under the provisions of section 243 of "The Shipping and Seamen Act of 1903" the Minister can only grant a re-hearing on the following grounds:

"(a) If new an-d important evidence is discovered Tvhich could not be produced at the evidence of the inquiry: or

'<(b) If for any other reason there is in his opinion ground for suspecting that a miscarriage of justice has occurred.

"So far as I am aware no new and important evidence has been discovered, ■which could not have been produced at the iriuiry. It appears from the evidence taken at the inquiry that the master of the Moonah admitted he was ignorant of the Rule of the Road; that he , disregarded Article 21, of the regulation for the prevention of collisions at sea, and that he did not know the meaning of the two masthead lights of a' steamer. He stated that the Wairuna on 'y ga-ve one blast of the steam whistle, but the evidence is "clear, not only from the Wairuna's officers who-were on deck, and in the engine room, but also from the wharf night-watchman, that two blasts were twice repeated. In view of, this there does not appear to be any ground for suspecting that a miscarriage of justice has occurred. Under the above circumstances, I do not think that the necessary grounds for a re-hearing have been shown, and I therefore do not see my way clear to grant one.—Yours, etc., J. A. Millar, Minister for Marine."

Speaking to a "Star" representative -this morning, Mr. Organ, secretary of the Association, said that the present situation was something of a crisis, since the masters had been most emphatic at the original meeting in their protest against the finding of the Court of Inquiry, and had passed a" resolution to the following effect:—"H the decision is to stand, we refuse to a-ccept the responsibility of navigating our vessels, as we may be placed in the same circumstances at any time, and we feel inclined to ■withdraw from our ships until our owners agree to accept the responsibility for the heavy coste that may ,be given against us, as has been done against tie master of the Moonah."

"A further meeting of the masters will be held next week," added Mr. Organ, "to consider the Minister's reply, and until that meeting eventuates it* is impossible to say what the outcome will Ibe."