Eight Charges Against Fishing Vessel’s Master

Press, Volume XCVI, Issue 28434, 14 November 1957, Page 12

Eight Charges Against Fishing Vessel’s Master

The master of the fishing vessel, ’ Marlyn, which acted as a 1 “mother ship” to fishing boats in ’ the Chatham Islands, and which between May 29 and June 1 this ' year, made a voyage to Lyttelton with sixteen persons on board, • was convicted of eight charges of ’ being in control of a vessel which j was not satisfactorily equipped ' for the journey, in the Magis- ’ trate’s Court yesterday. Defcn- ■ dant was Angus Twcmlow Kennedy. Mr Rex C. Abernethy, S.M., reserved his decision on the penalty 1 to today. 1 The defendant was represented J by Mr B. McClelland and Mr I P. T. Mahon appeared for the 1 Marine Department. J The charges against Kennedy ■ were that the Marlyn, on the • voyage, had no certified first or second mate, insufficient lights for lifebuoys, no certified engineer, fewer than two able sea- : men, that Kennedy was acting : as master of a ship without a i certificate, that there was no valid certificate of survey, ill-equipped 1 life-boats and insufficient lifejackets. The hearing of similar charges against the owners of the vessel, the Southern Fairmile Company, Ltd. (Mr W. F. Brown), was proceeding when the Court adjourned and will be continued today. Surveyor’s Evidence George Meredith Hart, nautical surveyor of ships at Lyttelton, said his investigations had shown there were insufficient rations and* flares in the lifeboats and of thei seven lifebuoys on board, three' were unserviceable. There was' some difficulty and delay in pro-i ducing equipment when it wasj requested and he had a feeling. that no-one knew where anything was, witness said. The reason for his inspection, made at Lyttelton about the middle of June, was the apparent “unsatisfactory state of affairs” on the vessel. Bertram J. T. Simons, superintendent of Mercantile Marine at Lyttelton, said that when the Marlyn made the trip to the Chathams in February, its master had a foreign going certificate. Kennedy, on that voyage, was a member of the crew. In evidence, Kennedy said the decision to make the voyage to Lyttelton was made by the owners when the refrigerating equipment broke down and there was no other way of conveying the fish on board to New Zea-1 land. He understood the owners! of the vessel had sought a special permit from the Marine Depart-' ment for him to act as its master? He assumed he could take the vessel back in the same condition in regard to equipment as it was in when it left New Zealand, and he did not consider he took any risks at all. He made no financial gain from the trip and was merely obeying the orders of the owners. i To a question by Mr Mahon, the defendant denied there was “not! one person on board qualified to! serve in the capacity he assumed on the voyage” or that when he put to sea the vessel was in ai “wholly unsatisfactory condition.” To another question he admitted he had never sailed before in a vessel so ill-equipped for the journey.

Only one witness, Patrick Smith, a director of the Southern Fairmile Company, Ltd., and a

resident of the Chatham Islands was called by Mr Brown before the Court adjourned yesterday afternoon. Mr Brown submitted that the company, which formerly operated between Lyttelton and Wellington, had an excellent record. The main function of its vessel Marlyn in the Chatham Islands was freezing fish caught by local fishermen before dispatch to New Zealand by other vessels. On the day in question. May 29, there was £l3OO worth of fish aboard when the refrigerator broke down and expected part replacements did not arrive. The decision to engage Kennedy to make the voyage to New Zealand in the Marlyn was made in the open in a case of emergency. The vessel was to be escorted by the ship, Holmglen. The company was not acting merely for its own financial interest but out of consideration for the fishing industry on the island. There was no chance of getting in touch with the Marine Department in time. Smith, in evidence, said he believed he had done all that could be expected of him in the circumstances and it was for the master to see that the vessel was satisfactorily equipped with the necessary articles and appliances for the voyage. The absence of the Marlyn from the island was a serious blow to the company and to the local fishermen. The case will be continued this morning.