WAHINE DESIGN QUERIED IN PARLIAMENT

Press, Volume CVIII, Issue 31781, 11 September 1968, Page 28

WAHINE DESIGN QUERIED IN PARLIAMENT

(New Zealand Press Association) WELLINGTON, September 10. The Leader of the Opposition (Mr Kirk) told Parliament tonight that the evidence given to the Wahine Court of Inquiry clearly showed that there was a fault in the ferry’s design which did not enable it to cope with certain weather conditions.

Mr Kirk complained that no naval architect had been called to give evidence to the inquiry when the design of the ship had been admittedly a factor to be taken into consideration.

The question of the Wahine disaster was raised by Dr A. M. Finlay (Lab., Waitakere) during debate on the Crown Law Office estimates, and produced argument whether debate on the issue could be allowed or whether it was sub judice because it wa; still under consideration by the Court.

After two points of order had been raised, the chairman of committees, Mr J. H. George, ruled that the matter could not be debated.

Dr Finlay told the House that it was noticeable in the published accounts of the inquiry that very far-reaching inquiries were made into all aspects of the disaster with the exception of one—the structure and layout of the vessel itself. I “Important Factor” “It seems to me that the Court did not concern itself at all with what I thought might have been an important factor in the inquiry,” he said.

Dr Finlay asked whether there was any decision on the part of the Government con-

veyed to the counsel assisting the inquiry that this was not a part of the disaster that should be inquired into.

“We know that the vessel is one of two ships and if there were any structural defect it would be material as far as the safety of its sister ship is concerned,” he said. The Minister of Justice (Mr Hanan) said no instruction in regard to the conduct of the proceedings was given by himself or to the best of his knowledge by any other Ministers.

“The Commission of Inquiry is still deliberating and I am quite certain that in so far as the structure of the ship might have some bearing on its safety this has been taken into account. Another Ship “However, 1 would prefer to leave this until they have finished deliberating,” he said. Mr Kirk said that before the commission sat the Union Steam Ship Company announced its intention to have another ship built of the same design.

Mr Hanan raised a point of order and said the matter was still sub judice and it was not proper to debate it. Mr Kirk said: “Surely an incident in which 50 people of this country lost their lives and on which there is now no inquiry going on cannot be held to be sub judice." Speaking to the point of order, the Minister of Marine (Mr Scott) said a Marine Court of Inquiry was a properly constituted Court. There were marine architects before the Wahine Court of Inquiry, he said. “I feel that nobody wants to suppress the facts, but we are getting on to very dangerous ground. In the 48 questions that were put before the Court this was covered.” Contempt of Court

The Minister said: “If we are going to get into a heresy hunt then it could be constituted as an attempt to influence the Court and this could be held to be contempt of Court.

“The chairman of the assessors has not brought down his findings,” he said. The chairman ruled that the matter could not be debated. Mr Kirk then raised another point of order and sub-

mitted that the matter could be debated because the Commission of Inquiry was not one of the bodies included in the standing orders and it could not hand down a verdict or sentence. But Mr Scott submitted that further investigation would indicate that a Marine Court of Inquiry was a judicial inquiry. He also submitted that the debate should not be continued because the result of this inquiry could result in further civil or criminal action.

Mr Hanan said the inquiry had the powers of a Magistrate’s Court and was presided over by a Magistrate.. “If Parliament set itself up as another Court of Inquiry it would be making a mockery of justice,” he said. The chairman again ruled that the debate should not be continued. The findings of the inquiry into the Wahine disaster will not be completed for another month. The Marine Department

supervisor of the inquiry (Captain E. G. Boyack) said today that it would be at least a month before the preliminary draft of the findings, now completed, was approved by the assessors, and a final draft prepared.