Waihemo Sit-in Crew Ordered To Pay Costs

Press, Volume CVI, Issue 31238, 9 December 1966, Page 3

Waihemo Sit-in Crew Ordered To Pay Costs

(New Zealand Press Association! DUNEDIN, December 8. Discarding their banners at the door, 23 seamen from the Waihemo who had walked in procession from the wharf, entered the Magistrate’s Court at Dunedin this morning to face charges of wilful trespass. According to their counsel, Mr M. J. Knuckey, they were “pleading guilty to trespass, but not guilty in bringing a major and vital industrial matter before the public of New Zealand.”

When they left the Court after a hearing of seven minutes, 20 of them had been convicted by Mr J. D. Murray, S.M., and ordered to pay costs £1 10s, and solicitor’s fee £2 2s.

James Beattie, aged 42, Peter Duffy, aged 21, Frank Earl, aged 23, John Ellis, aged 23, Gavin Fincher, aged 29, Thomas Grace, aged 42, Barry Hansen, aged 22, Albert Jones, aged 47, William Lewis, aged 19, Wayne Miller, aged 18, David Morgan, aged 26, Frederick Reid, aged 48, Ronald Rogerson, aged 36, all seamen, Frederick Crosbie, aged 29, an oil-burner, Mervyn McKinnon aged 48, a crew attendant, and Frank Thomas, aged 46, a greaser pleaded guilty to a charge of having wilfully trespassed on the Waihemo continuously between December 5 and 7, and having refused to leave after a formal warning. Anthony Kleis, aged 28, and James McDiarmid, aged 39, oil-burners, Donald Allison, aged 40, a seaman, Arthur Johnson, aged 40, the bo’sun, and John Gardner, aged 39, a seaman, each pleaded guilty but later asked leave to withdraw this plea as they had been employed on certain duties in the ship at the end of the voyage and their presence was required. The word “continuously” was deleted from the charge in respect of these five men, and they again entered a plea of guilty Charges against Frank Thomas, aged 31, James Hope, aged 45, and J. Halladay, aged 44, all greasers, were withdrawn as they had been engaged in “keeping up steam on the vessel and had been employed in the ship lawfully.” Prosecution’s Case Mr M. H. N. Haggitt, representing the captain of the Waihemo, prosecuted. He said that on December 4, the ship arrived in Dunedin. It was arranged that the agreement with the crew terminated at midnight that day, and instructions were issued that all the crew were to go to the Shipping Office at 10.30 a.m. the next day to be paid off. On the afternoon of December 4, the captain was told that the men were staying on board as a protest on a matter they wished brought be-

fore the public. On December 5, the officers, engineers and one deck-hand were paid off. The remaining 23 members of the crew stayed aboard. The Waihemo had been sold, and the new owners were to take delivery of the vessel, empty of personnel, and cleaned on Friday. Although the seamen’s right to remain had expired, the company had no wish to take steps to have them removed. It was assumed that when they had made their point, they would leave. By Tuesday, however, it was apparent that a warning should be given to the men. To avoid difficulties when the new owners’ crew arrived, they were given formal instructions to leave by 9 a.m. on Wednesday. Yesterday, the Chief Superintendent, Mr G. S. Austin, went to the ship to support the authorities in issuing the official warning and to explain to the men the consequences of their failure to comply. After a meeting yesterday morning, the seamen said they were not prepared to leave, but they would not specify how long they intended to remain. Because of this the assistance of the Court was sought in seeing that the ship was free for the new crew, and had the desired effect as the men had left the ship today.

The company had no wishes on the matter of penalty, said Mr Maggitt. There had, however, been considerable cost in arranging the prosecutions at such short notice. Seamen’s Reasons Warned by the Magistrate that “the Court would not be used as a sounding board for this matter,” Mr Knuckey said that it had been a quiet and disciplined demonstration throughout, with no other purpose but to bring this matter, which struck at the root of the industry in which they were engaged, to the attention of the public. There was a technicality in that, as all of the cargo had not been discharged until noon yesterday, the seamen, under their articles of employment, had a right to remain on board, but this had not been used. Not all the seamen lived in Dunedin and since Monday these men had provided for themselves on board, taking part in this protest at expense and persona! hardship to themselves and their fa: -ilies. There were other vessels throughout the country similarly affected, said Mr Knuckey. He submitted that no costs be awarded against the men for their sincere protests. Costs, if any, should be awarded against the company in wrongfully bringing charges against the three greasers lawfully in the ship. The Magistrate said that, in his opinion, the point was made by Tuesday and from yesterday there appeared to be n 'thing to be gained from continuing the protest