EXCEPTION TAKEN!

Auckland Star, Volume LXVII, Issue 274, 18 November 1936, Page 11

EXCEPTION TAKEN!

PERSONNEL OF COURT j TWO NAUTICAL ASSESSORS. — ! SEAMEN'S UNION ATTITUDE. |

"We wish to take exception to the | personnel of this court of inquiry," said Mr. F. P. Walsh, of Wellington, who appeared for the Federated Seamen's Union of New Zealand, when the Nautical. Court of Inquiry opened this morning, into the foundering of the scow Tamahae in the Hauraki Gulf shortly after midnight on September 25. Mr., Walsh added that the principal objection was to Captain J. M. McKinnon; whom, he alleged, was an owner of similar scows and therefore directly interested in running that class of vessel. Mr. W. R. Messenger, an engineer assessor, was in a similar category in that he, too, was employed by a firm of owners of scows of a particular class. Mr. Messenger, therefore, was not entitled to sit at the court of inquiry. In support of his contentions, Mr. Walsli referred to the inquiry into the wreck of the Devon at Pencarrow Heads, Wellington, in August, 1913, when the present Chief Justice, Sir Michael Myers, who was appearing for one of the parties, raised the question of the personnel of the court and asked for a rehearing on the ground that one of the assessors was an interested party. The court found in counsel's favour, said Mr. Walsh, and granted the request. "There is no doubt that two of the assessors at this court are interested parties," said Mr. Walsh, "and I therefore submit that they are not entitled to sit." Assessors Not "Interested." Mr. A. M. Colliding, who appeared for the Scow Masters' Association, contended that neither of the assessors objected to was an interested party in the same way as had been the ease at the Devon inquiry. There was no evidence whatever that Captain McKinnon and Mr. Messenger were interested in the Tamahae. Mr. Allan Moody, who appeared for Reginald Herbert Jones, engineer, master and owner of the scow, said that lie was not worrying about the assessors in any way. The Act required that, one member of the Court should have had experience at sea. Therefore, he was perfectly satisfied with the Court's constitution.

"I must admit that the statements made by Mr. Walsh regarding the Devon case are substantially correct," said Mr. N. A. Foden, of Wellington, representing the Marine Department. Objection could be taken to an assessor on grounds that he was not impartial, he remarked, lint it seemed to him that more direct evidence was needed, particularly in this case. Mr. Foden suggested that the objection of the Seamen's Union representative should be recorded. There was no doubt that Mr. Walsli had good legal grounds but it would perhaps be advisable to proceed without prejudice. Mr. Moody: It is purely a question of the chairman's decision. He is in charge of the whole proceedings. At this stage Mr. Colliding observed that if the contention of Mr. Walsh was upheld then a third member of the Court could possibly be implicated. Mr. Walsh then indicated that he would reserve his rights for the future.

Court Notes Objection. Mr. Wyverii Wilson, S.M., who presided, remarked that it would have been better had Mr. Walsh placed his objections previously before the Minister of Marine, who had constituted the Court ■and who had also selected the assessors. If the Court had been wrongly constituted by the Minister, then there might be a question of appeal. "Our only course is to carry out the provisions of the Act," added Mr. Wilson. The objection was noted. Subsequently the Court was asked to view the scow. This raised the question as to who should accompany the magistrate and the four assessors. Captain F. 0. Shirley, Mr. W. R. Messenger' (engineer). Mr. B. J. L. Jukes (shipwright) and Captain J. M. McKinnon (scow master). Jt was suggested that the Court alone should make the inspection. To this course Mr. Walsh objected. Three of the counsel engaged, Messrs. Foden, Colliding and Moody, intimated that they would not accompany the Court. "The Court is quite capable of making its own observations," remarked the presiding magistrate. "We have no objection to Mr. Walsh accompanying us. but we will not have any of the witnesses." The Court visited the scow during the luncheon adjournment.