PLEA FOR ACQUITTAL ‘Senseless Acts Of Others’: Defence

Press, Volume CV, Issue 30980, 9 February 1966, Page 3

PLEA FOR ACQUITTAL ‘Senseless Acts Of Others’: Defence

New Zealand Press Association)

AUCKLAND, February 8. It would be impossible to convict the engineer officer of the cruiser Royalist on a charge of negligent performance of duty because the evidence was confused and at variance with itself. Mr D. S. Beattie told a Navy court marial at Shoal Bay today.

Mr Beattie, making a plea for an acquittal, said that in spite of the best endeavours of the accused to keep the ship going when it broke down in the Solomon Islands in November it had proved impossible through the unauthorised acts of others. Commander Henry Rogerson Simmonds has pleaded not guilty to the charge. The final witness was heard today and counsel made their submissions to the Court, Lieutenant Deane, the deputyjudge advocate, will address the Court tomorrow. Lieutenant-Commander F. J. Rolton, senior engineer officer, who was recalled by the court for examination, said age and deterioration had often caused boiler priming (boiling over). STICKY VALVES This was because of sticky regulator valves which, by not functioning correctly, did not maintain required water levels in the boilers, he said in answer to a question by the Court president, Captain L. B. Carey. He said joint and gland packings had often blown with no warning after priming and sometimes for no apparent reason except old age and deterioration. This priming was the result of too much water in the boiler, and could result in damage to boiler tubes. It differed from salinity priming, which was caused by unacceptable impurities in the water, in that clear water overflowed with accompanying steam issuing from the boiler and hammering in the pipes. Witness said contaminated water from the after unit could have found its way to the for’ard boilers if the extraction pump cross connexion discharge valve had been opened. The water

would have gone for’ard, and not the other way, because the after port and starboard extraction pumps were running at the time. FIVE TIMES Witness said salt water contamination had occurred on the cruiser five times before the breakdown. These previous incidents occurred when tubes in the drain cooler burst. When the tubes, carrying salt water for cooling, burst this water mixed with condensate and then got into the boilers’ main water feed system. He said this failure had caused the salinometers to go off the scale and red warning lights to come on. The drain cooler had to be isolated and closed down for repairs. On one previous occasion the drain cooler was closed down for 24 hours. The drain cooler was suspected on this occasion but after tests was eliminated as the cause of the contamination. To another question, he described as “bad engineering practice" a method of pumping contaminated water through the for’ard main feed tank to the condensers. (Earlier evidence stated that water was pumped from this tank through to the condensers.) Witness said he would expect engineering officers of the watch to know about this practice and that other alernatives were better. Mr Beattie said the defence would not call evidence at this stage but would make a submission if required.

Lieutenant - Commander Brooker said the evidence showed that at some time between 2.45 p.m. and 3.15 p.m. accused was advised of suspected contamination in the after machinery unit. Accused had gone to the after engine-room and taken action to advise himself of the situation. At no time during the evening did the captain suspect that anything in the nature of a catastrophe was happening to his Shis.

| The captain had placed no requirement on accused for the ship to be under way by any particular time or i accepted responsibility for I any damage. ; Although water lines to the for’ard unit were closed at an early hour no steps were taken to isolate the steam passing from the after unit to various machinery in the for’ard unit. Contamination spread as a result of this and it was inescapable that by 9 p.m. the ship was immobile and remained that way for about 10 days. 1 For a very considerable time all or some of the main propulsion machinery in the after unit was kept running with increasing signs of priming. Lieutenant - Commander Brooker said a number of issues had been raised about other people concerned with this case but it was the accused who was on trial. The defence had raised questions on the actions of junior staff in the engineering departments. It was for the Court to decide if their actions excused accused, as engineer officer, of his responsibly. Mr Beattie said that in law and in fact a person was not liable for the incompetent and unlawful acts of others. EFFICIENT OFFICER Accused had been described as efficient and purposeful by his commanding officer. He had not expected any officer to tamper with proven techniques. Mr Beattie said that had the board of inquiry had the facts on oath given before this Court there might well have been no court martial of the accused. The witnesses had differed markedly from the depositions on several occasions, although it was appreciated that any witness, even the most senior, could easily forget the facts It would be impossible to convict accused when the evidence was so conflicting. There were contradictions as to times, places and persons participating in the incident. Referring to the official charge, Mr Beattie said it appeared from this that accused had done nothing to help the situation for 40 to 45 minutes. , NOT AVAILABLE The case, he said, was based lon an erroneous conception land on evidence not available Ito the board of inquiry, i Accused and his senior engineer had purposely been kept in ignorance of the true situation at the time. Mr Beattie said Lieutenant Arthurs had caused contaminated water to be pumped through the condensers —locking 12 tons of dirty water in the feed system—stopped the pumping of water to the bilge and caused the closed exhaust to be led forward. Accused had done what was expected of him, said Mr Beattie. If he had had notice of these senseless acts by others he could have done something about them. Mr Beattie requested that accused be acquitted of the charge.