CLANSMAN TO BLAME

Auckland Star, Volume XLV, Issue 168, 16 July 1914, Page 5

CLANSMAN TO BLAME

FOR HARBOUR COLLISION. LOOK-OUT'S NEGLECT. , j LOST? AGAINST MASTER AM) iECOXD OFFICER. ' ■ The officers of the Xort-heni Steao&ship Co-aipanys CJa-KTnan have been found '. j responsible for ih? eoilifiion in ; i the Auckland Harbour, by which the s™»- Pahiki. owned in-Messrs.'McCallum Brcs.. was sunk. u\lr. Kettle, ."\>L, delivered 'his judameat, whin was <-oujcurrvil in by tiur iwo nauti-.-a! asctgEorj, . ; t.iLs morning. I His Wi, re-hip said that l-.ir i-on-|siderab!o time, before tho collision the I ;Clar.rnjan an.l Pahiki were carrying the | j liiihtj requiratl by the Collision Kogui !atiur.». The Clansman's lights were I burning a::d tae master of the j Pihiki taw her port and masthead ; lights a; a diitanc? of over a mile, and ' continued to see. tbom until a few ■seconds before the collision, when he liiidjenly raw her atai .hoard light a'eso. I Tlr.. master of the Pahiki. and the A.B. ; \>!iu wa; uith him. Ha/i stated that the ;purt and s:uT.b»ur)l light... of their vessel ; were 'burning brightly the time I the vteeel left Ch-ekeniiam Ikj.-h umil 1 the i-i>lli>i.)ii occurred, and the Court had Jto accept that evidence. NOT AN OVERTAKING VJ3SSEL. The Pahiki's lights were not s-cen by j the master of the Clansman (Captain IMcLeod) who was on the 'bridge before I rounding North Heai, and remained I there up to the time of the collision. ;He did not- even sef her hull, or her ; masts a;:d until a c*cond or two i I before the accident, when it was impossible io avoid a collision. Th-e look- | out on the Clansman did not at any time tee either of the Pahiki's lights, or her hull, or mats and eails, until the oerlliision was imminent, and could no: be avoided. Tiro Clansman was not an overtaking vessel, ro tiiat article 12 of the Collision Regulations, did not apply. The vessels were for a consider- ! table time before, and up tv the time of the collision, "proceeding in Mieh directions to involve rink of collision." Therefore articles -2((. 21, 22, 23, ami 2S of xhe regulationo applied. "The collision was due to the neglect jof the second officer of the Clansman. Carl O. C. Brinek, who was' on 'iuty as look-out, io keep a sharp look-out for some, considerable time before the collision." continued his ■Worship. "Tlie cxisendre of the cafie j demanded that a sufficient and sharp ' I look-out should be kept. Even assuming I that the Pahiki's starboard light was not I burning brightly or was partly or wholly ! otfceured. the second officer, had , he 'been keepinjr a eliarp looJc-out. siould liave j seen her hull or her masts and sails, in : I ample time to warn the master of the "Clansman, who no doubt would haTe ; altered his vessel's course so as to bring her safely round the stern of the Pahiki. NO FLARE-UP LIGHT. It was suggested that when the Clans- ' man was nearing the Paliiki her master should have shown a flare-up lightt ' (under article 12 of the Collision Regu- • lations) to attract the Clansman's atten- ' tiou. He would have acted wisely had lie <lonv so. but his failure to show the light was at moat only un'.crror of judgment and not a 'wrongful default' or wilful omieeion.'" According to the regulations made by the {Northern Steamship Company, the i owners of the Clansman,"' continued the ' judgment, ''the chief officer should have ' i been on duty on the forecastle head on ] j entering the port. He was not at his I post at the time of the collision. Ue ' has not been cited as a to this 1 formal investigation, nor can this Court ' punish him for his disobedience of the ' company's regulation*. iHc will uo ' doubt be called upon by the company to I explain hie-conduct, and. if hie explanation is unsatisfactory, the company will, J Iwe presume, take such action as They thine proper und?r the crrcumat-ances. - ' •' I "The ma&i'zr of the Clansman was. in ; j the circumstances, lax in not seeing that ! a sufficient and snaTp loak<rut wae ' ■ being ke.pt. Tte knew that the officer ' I who was suppcecd to be on the 100-k-out i I was more or Ices occupied with super- ' intending and assisting in the prepara- ! tions for going alor.gßwlo the wharf and ' d UTclrarging cargo. Under these circum- ' stances it was the iboumfon duty of the ' master to eire that a sufficient, and vigil- ? ant look-out being kept. - ' J QUESTION" OF PENALTIES. 3lr. Kettle added that there had been j some difficulty in coming t-o a conclusion as to the penalty to 'be imposed. I The officer in charge of the bridge was : iimned-ia-tely rejjxintibk; for the collision under Bection 1!>1, while the second of- ] ficer might be liable to prosecution > under Section 130. He dki mot suggest 1 ! that tire evidence would justify a prose- 1 'cutiou. Having regard to the whole of 1 1 the eircumetancES, the eruie of justice i I would 'be met, by ordering the maeter of The ClantTiian to pay three-qua rtere i !of the costs of .the imjuiry and the eec- i oud o&c-er'a fourth. 1 I IMr. M. .McGregor (for the master of : the scow) atlccd whether ithe order in- j eluded the fceowmastere coete, and , h» ( ; Worship suggested that tiia-i qu-»tion i i should he settled by a declaratory judg- 1 I meet of the Supreme Court. ] | All certificates were returned by the 1 i Court.