Marine inquiry ‘went too far’

Press, 13 August 1986, Page 2

Marine inquiry ‘went too far’

PA Wellington A maritime consultancy firm that advised the Russians during the Mikhail Lermontov inquiry told a Parliamentary select committee yesterday that the preliminary inquiry went too far in its investigations. Mr I. M. Mackay, a partner in P. and L Services, said the preliminary inquiry went into an area that should be looked at only by a formal inquiry — that of apportioning blame. It had said someone was at fault “That seems to go beyond the functions of a preliminary inquiry,” he said. “You don’t have the benefit of the state of natural justice prevailing over all.” Mr Mackay, making submissions on the Shipping and Seamen Amendment Bill, was responding to cross-examination by the member of Parliament for Tauranga, Mr Winston Peters. He confirmed that P. and I. Services had acted as advisers for the Russians during the inquiry, along with solicitors acting for the Russian seamen. < Mr Mackay said he had not seen the depositions for the inquiry. At preliminary hearings, lawyers were able to attend as observers only and had no right to intervene in their client’s defence, he said in his submission. But legal views were split on whether the del>ositions from such hearings should be made public. “If the master has been apparently responsible for an action, the result of which is a collision ... confession of sin can be extracted from him at a preliminary inquiry and his deposition is obtained by the news media and police,” Mr Mackay said. "If a formal investigation is then ordered he is damned in advance ...”