NOBODY GIVING ORDERS’ IN CHATHAMS CONVOY

Press, Volume CIX, Issue 32126, 23 October 1969, Page 30

NOBODY GIVING ORDERS’ IN CHATHAMS CONVOY

The convoy of fishing boats that left Lyttelton on June 9 for the Chathams was “the funniest armada that ever sailed. Nobody was giving orders,” commented Mr A. W. Burns, one of the assessors on the Court of Inquiry when the inquiry into the loss of two vessels and six lives continued yesterday.

Mr Burns said that all the inen from the convoy to give evidence to date had said they were not giving orders. That was impossible.

The inquiry will extend into next week. The twelfth witness was still giving evidence when the inquiry was adjourned yesterday and at least 12 more witnesses are to be heard.

The Court comprises Mr K. H. J. Headifen, S.M., with him as assessors Captain C. M. Anderson (Christchurch), Mr A. W. Burns, small-boat designer (Wellington), and Mr F. J. Neill, retired district surveyor of ships (Wellington).

Captain E. G. Boyack, deputy nautical adviser of i the Marine Department, Wellington, has been appointed to superintend the management of the case and is represented by Mr D. P. Neazor, Crown counsel, of Wellington. Messrs J. D. Fleming (owner of the La Paloma); Mr R. B. Chant, owner of the Kea and engineer of the Kingfisher: Mr J. Ruffhead, commodore of the convoy: Messrs K. Kane, A. S. Martin, G. T.| Brasell, fishing boat skippers, | and Mr J. Harvey, skipper of] the Snark, have been named: as parties to the investiga-i tion. Mr B. McClelland appears | for Mr Fleming: Mr D. F. Quigley appears for Mr Chant; Mr G. G. Parry appears for Mr Ruffhead and for Mr Martin: Mr D. H. P. Dawson appears for Mr G. T. Brasell: Mr I, J. D. Hall appears for the indemnifiers of the Kea, and Messrs A. Hearn and G. R Lascelles for the indemnifiers of the La, Paloma: Mr R. J. Allan ap-l pears for Mr R. J. Black, en-( gineer, and during the convoy! skipper of the Reaper: Mri A. C. Tipping appears for the! widow of Mr H. Davis "“hoi lost his life on the Kea: and Mr D. J. Boyle appears for: Mrs Scott, widow of Mr D. H., Scott, who also lost his life on the Kea. Those who lost their lives were Messrs H. Davis and D. R. Scott (Kea), M. G. Topi, F. Leitch, A. West, and A. Maclachlan (La Paloma). The 10 boats which were authorised to go in the convoy were, with skippers according to the articles signed; Tawera (Mr Ruffhead), Kingfisher (Mr Kane), Kea (in tow to Kingfisher, and unmanned, Reaper (Mr Martin), Rangiauria (in tow to Reaper and unmanned), Coromel (Mr! M. J. Pearson), Kotare (Mr! G. T. Brasell). Nimbus (Mr! A. L. Brasell), Cavalier (Mrj N. J. Brasell), and Snark (Mr: J. Harvey). The La Paloma and Akinal were the two unauthorised( boats in the convoy. The Kea ■ and the La Paloma were the! boats that foundered.

More Evidence He was usually engaged on the Tawera and was normally skipper of that boat, said Kenneth Kane, a fisherman, of Christchurch. In the articles signed, he was shown as skip-

I per of the Kingfisher, but he, , could not recall if that was J mentioned to him before the articles were signed. ■ The original convoy was [ the Tawera and Kingfisher, [towing the Kea, said Mr l Kane. As word went round the grapevine, others joined in. At the first official meeting with the Marine Department. arranged by Mr N. J. ‘ Brasell, the convoy consisted of five boats. Tawera, King- . fisher, Cavalier, Nimbus and : Kotare. The witness said the convoy. built up until six navigators were required,-includ-ing two for the towing boats (Kingfisher and Reaper). He (considered this prohibitive. “On the Friday morning, before our sailing on the Monday. Mr Ruffhead, I think, told me that the department now required him to go on the Tawera and I was to go on the Kingfisher. I didn't really understand the purport of this requirement, probably because I was so busy. I had to sign the articles for I another ship. It was not put •to me that I had to go on the (other ship." Mr Kane said he signed articles on the Friday, Mr 'Simons had said to him: “I [believe you have been purloined for the Kingfisher.” He replied: “Yes. 1 believe I have.” “1 understood that by signing the articles 1 was to be in; command of the Kingfisher “It was the matter-of-fact way in which Mr Simons spoke to me that led me to believe that signing the articles was merely a for(mality. “It was always in my mind! [that I was going to go on the! (Tawera. I would have! [objected strongly to skipper-' iing the Kingfisher.

Skippers Meet ,“I would not like some-! one else skippering my ves-i sei (Tawera) and I did not! know the ins and outs of the Kingfisher. I was not to be the commodore, and I felt the commodore should have access to all the radio and direction-finding facilities and these were in the Kingfisher. I went on the Kingfisher. I did not know then that the department wanted the commodore on a non-tow-ing ship." The witness said that the (changes were made at a meetling of all the skippers. He (could not recall anyone sayiing the Marine Department ■should be informed of the changes, but this could have (been said. The Tawera carried him(self, Horton Timothy, Jock (Round and John Proctor. He (did not regard the last two as passengers They had asked to work their passages and as the Tawera had no automatic pilot he thought they would be useful at the wheel. He was not sure until the Sunday and .Monday if Round and Proctor werei going.

He knew nothing of La Paloma, but had heard on the day they sailed that the Ahina might be joining the convoy from the south. The convoy sailed at 11 p.m. on the Monday. He knew there were 10 boats in the convoy, but noticed 12 lights during Monday night. “1 first saw La Paloma on Tuesday morning. 1 thought he was rather cheeky to join us, because of the size of the boat. 1 also saw Ahina. 1 thought La Paloma a small boat and unsuitable, but the conditions were very good. “1 thought La Paloma could return that day if weather conditions deteriorated, if he intended to go all the way. The La Paloma was manned, being under steam. 1 only saw one man aboard.” Convoy Speed Mr Kane said the convoy was going between seven and eight knots. He had expected it be going between eight and nine knots, but this did not

concern him until the weather deteriorated. His.jradio was not functioning well and he used it as little as possible. He was able to listen but bad difficulty in transmitting. Mr Kane said he was aware of the tow parting between the Kingfisher and the Kea on the Wednesday night, and that the Snark had to go back to get the Paloma. He had taken the Tawera slowly ahead on course instructed by Mr Ruffhead. Some of the other boats turned back, and he turned about when instructed by Mr Ruffhead to rejoin the convoy. The convoy was practically stopped, into the sea, while waiting for the Snark and La Paloma.

“The convoy proceeded towards the Chathams again on the Thursday. They were travelling about six knots, Mr Kane said. He thought this was slow but never thought of leaving men or boats in the (worsening conditions. “It was 6 p.m on the Thursday when I noticed the red ‘light on the masthead of the Kea had disappeared. The [ Kea was about 10 to 15 , fathoms (60 to 90 feet) off my starboard bow when I noticed , the light had gone. • , “My deckhand confirmed | the light had gone. We did , not think the Kea was missing | at first. We had heard some- , body on the radio, Barry , Chart, I think, say that the . light was out but it would [ soon be fixed. , “It was blowing about force j 5. The sea was over our deck, but not heavily.” ( ( Search For Kea , Mr Kane said a call was put (round the convoy about the ' ■Kea. He was searching for the [Kea. Mr Ruffhead put up I flares. The seas were eight ' ito 10ft high. He felt concern for the Kea and for Several others of the smaller boats. “Before 6 p.m., 1 did not (think those on board the Kea (were really in danger. 1 have [seen similar boats in worse (conditions and in no trouble.” : At 12.30 a.m., on the Frl(day. while be was still lookling for the Kea, a heavy cross (sea smashed the forward win'dows in the Tawera’s wheel(house. The sea put the radar :and radio out The radar had not bSen much help in the search. Mr Round had [just taken over the wheel when the wave hit. He was experienced and had been at the wheel before on the trip. Seas Worse The seas were worse, with Ino pattern to them, at that (stage, than when the Kea was first missed at 6 p.m., Mr Kane said. He had not put shutters on the wheelhouse windows because that would have made searching for the Kea almost impossible. Rockets were put up from the Tawera, and the Kingfisher came very close. The Tawera’s steering was not operating very well. “It was very reassuring to see the Kingfisher. Mr Ruffhead was out on the deck and in some danger. He gave me a bearing for Waitangi and requested the Nimbus to escort me in, which the Nimbus did,” Mr Kane said.

He first learned about the loss of the La Paloma about 5 a.m. when he got to the Waitangi Harbour, said Mr Kane. He found it incredible that four men had been aboard her as the accommodation must have been sorely over-taxed. Mr Harvey (Snark) had told him that when he pulled in the tow he had found that La Paloma was not on the end of it, Mr Kane said. To Mr Tipping, the witness said he could not recall seeing the La Paloma tied up in the Lyttelton Harbour before the convoy sailed. He had not seen the La Paloma tied up near the Kingfisher and did not know of any conversation between persons on the Kingfisher and on the La Paloma before the convoy sailed. It was not until several minutes, about five minutes, before he altered course, to look for the Kea after the light had disappeared. He did not at first think that the Kea was in serious danger. The radar was of no use because the Kea was too close, Mr Kane said.

He had shares in the Tawera Fishing Company, Ltd,

which owned the Tawera, the witness said to Mr Boyle. To Mr Allan, the witness said, reading from his diary, the loss of the Kea had come as an unbelievable blow. The Kea had been obviously overcome by a huge comber. Owner Of Kea He held engineering certificates but no deck certificates, and- was part owner of the Kingfisher and owner of the Kea, said Robert Berry Chant, a fisherman of Christchurch.

He had been in the King- ( fisher towing a vessel in a | previous convoy to the Chat- f hams. He .would not be able j to go as skipper of the King- < fisher, on articles. In the first < list handed in to the Marine ; Department, Mr Ruffhead was to be the skipper of King- | fisher j “I was not told that Mr Ruff- ; head would not be in com- , mand of a towing ship, as | commodore. I understood the ( proposal was that Mr Ruff- | head was to go on the Tawera | and that Mr Kane would go on the Kingfisher. I had no i objection. t “1 was told indirectly that i Mr Ruffhead felt the Kingfisher would be better as the i lead vessel. It was not until < the Sunday, or later, that I knew Mr Ruffhead would be the skipper of Kingfisher. 1 < did not express any feelings at all about the change. The t responsibility was entirely that of Mr Ruffhead and Mr f Kane,” Mr Chant said. Messrs Scott and Davis were (on the Kea when she was (sailed out of Lytelton. Mr Davis had signed on the 1 Kotare because she was short 6 of an engineer. ? “Mr Davis had no share ' in the Kea, but there was an arrangement between us that " if we did well in fishing up to 5 March, 1970, be would buy ! the Kea from me,” the wit- > ness said. “I understood originally, 1 when articles were signed, Mr Davis was to sail in the 1 Kotare. When the Kea tow was connected with the King- ' fisher, Mr Davis came aboard the Kingfisher and stayed ■ there. 1 “I had no discussion with | Mr G. T. Brasell (skipper of 1 the Kotare) whether he I ' wanted his engineer back.” The Kea had only been in I the Lyttelton Harbour before ' . the Chathams voyage. She ' ! towed well. When the tow parted the second time, it ' was decided the only way to ' [get the tow back was to put (men aboard the Kea. i Cut Tow Free ! ; Messrs Davis and Scott cut . thfe tow-line free of the Kea, [ and Mr Ruffhead and himI self got the line aboard the , Kingfisher. The Kea was started up. The two boats 1 steamed about nine knots to . catch up the convoy. He and > Mr Ruffhead were pretty well t exhausted in getting the tow line and Mr Davis indicated > he would like to take the Kea . on under her own power. 1 Mr Chant said he turned in > on Thursday afternoon. The 1 weather had freshened. It > was worse when he came on . deck about 6 p.m. The Kea was sailing close astern of

the Kingfisher. He did not see the light disappear. Another boat called up to say it had gone. The Kea had been showing her navigation lights and the red masthead light.

He at first thought the fuses gone on the Kea, putting out the lights. An overload or dampness could cause that. Immediately on not hearing from the Kea over

the radio that her lights had gone, he went down and started the alternator for the Kingfisher's floodlight, Mr Chant said. The Kingfisher was stopped then, and circled to search for the Kea. If the main switch on the gear had gone, the radio on the Kea would have been out of action. “After half an hour of searching and no sign of the Kea things seemed serious. It looked pretty grim, in my opinion with all the boats searching and no sign," Mr Chant said. “It was not much use sending out a distress signal in that weather. In the darkness, a helicopter would be no use.

“I formed the opinion that the Kea may not have had enough steerage way on, in the heavy seas, and may have broached to,” the witness said.

Dinghy Found A light aluminium dinghy, holed in the bottom and with the towing eye pulled out, was subsequently found well into Ocean Bay. It was the Kingfisher’s dinghy which had been lashed to the deck of the Kea. There had been lashings through the towing eye to the deck of the Kea.

To Mr Hall, the witness said that the Kea was owned by himself and not by the Argus Fishing Company, Ltd, a company he had formed later.

To Mr Tipping the witness said he regarded himself as the employer of Mr Davis when the Kea was lost The risk to Mr Davis got greater as the weather got worse. Mr Davis had not requested to get back on board the Kingfisher and he had not thought the weather bad enough to get Messrs Davis and Scott off the Kea. Nor had anyone else on the Kingfisher suggested that Mr Chant said that he had learned since that La Paloma had been at No. 6 Wharf at Lyttelton before the convoy sailed. He had heard before the convoy sailed that La Paloma was going to the Chathams, but he had no idea how La Paloma was going. The witness denied that Mr Davis had been in the Kea a lot more, during the trip to the Chathams, than the Court had been told. Mr Davis’s suitcases had been in the Kea to make more room in the Kingfisher. Mr Scott’s suitcases had also been stowed in the Kea for the same reason.

He denied the suggestion by Mr Tipping that the delay in telling the radio station at the Chathams that there were men aboard the Kea until about two hours after she disappeared, was because he knew that men should not have been aboard her. Mr Chant said that he did not know who was going to board the Kea when the tow broke the second time. Mr Headifen: You had to manoeuvre the Kingfisher close to the Kea in the dark? Mr Chant: Yes. You did not know who was going to jump?—No. You are telling the Court that on oath?—Yes. There was no discussion before?—No. Not Satisfied After further questions, Mr Headifen said that he was not satisfied with answers. He gave Mr Tipping permission to pursue the point. After further questions by Mr Tipping, with the witness! still insistent that no orders’ were given as to who was to jump, and no discussion about that beforehand, Mr Burns, interrupted from the Btjnch—“What if they had all jumped on to the Kea and left you alone on the Kingfisher?” Witness: The first two to[ jump would leave the third behind. Mr Burns: It is quite possible all three might have gone.

“You have heard Mr Ruffhead say that he was reluctant to be commodore and he did not regard himself as skipper of the Kingfisher because you were the owner or part owner,” Mr Burns said to Mr Chant. “Mr Kane was in the TaAvera. Somebody must give orders. You are the owner. Who was giving the orders in the Kingfisher?

Mr Chant: Nobody was giving orders—there were discussions . . . Mr Burns: It is the funniest armada that ever sailed. Nobody was giving orders. We have heard Mr Ruffhead say he regarded himself as the navigator. Mr Kane said he was not in charge of the convoy. You say you were not in charge of the Kingfisher and Mr Ruffhead said he was not You all say you were not giving orders. That is impossible. It is the silliest thing I have heard. An orderless armada.