Royalist Engineer Acquitted

Press, Volume CV, Issue 30981, 10 February 1966, Page 3

Royalist Engineer Acquitted

(New Zealand Press Association) AUCKLAND, February 9. Commander Henry Rogerson Simmonds was acquitted on a charge of negligence by a Navy Court Martial at Shoal Bay, Auckland, today.

The Court retired at 10 a.m. to consider its verdict. It adjourned for lunch at 1.15 p.m., returned at 2.15 p.m. and reconvened at 2.50 p.m. for its decision to be announced.

The week-long hearI ing is believed to have been the longest in the history of the Royal New Zealand Navy. More than 400 foolscap pages of evidence were recorded and more than 30 witnesses were called. Accused had pleaded not guilty to a charge of negligent performance of duty in failing to prevent the spread of contamination in the propulsion machinery of the Royalist on November 1. The court comprised Captain L. B. Carey (president), Captain M. J. McDowell, Commander J. E. Washbourne. Commander W. R. Williams and Commander G. A. Lawrence. Commander M. A. Lawson and Lieutenant-Commander D. L. Brooker prosecuted. Mr D. S. Beattie, with him Mr J. H. Wallace and Com-

| mander E. R. Ellison, apj peared for accused. Lieutenant E. D. Deans, officiating deputy-judge advocate. earlier advised the Court on legal issues arising from the trial. He said the charge was brought under section seven of the Naval Discipline Act and allowed for dismissal with disgrace from the service, or any lesser penalty. A mere error of judgment which, of itself, was not bslsed on negligence, was not sufficient. There were degrees of negligence and a very high degree of negligence must be proved beyond all reasonable doubt before the charge could succeed. Lieutenant Deane said that criminal law did not regard the master of a ship as being responsible for the actions of his servants unless those actions carried his authority.