DUCHESS-RUAHINE COLLISION

Dominion, Volume 13, Issue 275, 14 August 1920, Page 7

DUCHESS-RUAHINE COLLISION

— ■» r~ \ THE INQUIRY ADJOURNED' j COURT IMPROPERLY CONSTITUTED The Magisterial inauiry regarding Dig recent collision in the luuiio.ir between the Eastbourne Borough Council's fcrrv steamer Duchess anil the liner Ruahin'e' opened yesterday morning in the Magistrate's Court.. Mr. W. G. Hidtlell. S.M., presided, and the assessors were: Captain'' G. G. Smith (late Government Superintendent of Mercantile Marine nt Wellington), and Mr. W. flood (marine engineer, of Epuni Street, Wellington).. Mr. J. Prcudeville, of the Crown .Law' Office, represented the Marine Department. Mr. A. W. Blair .appeared for the owners of the Duchess, Mr. K. Kirkealdie for Captain Lowry (master of the Duchess), Mr. IT. E. Evans for the Jvcw Zealand Shipping Company, Mr. T. Young for Iho underwriters, and Mr. J. V. li. Stevenson ior the Harbour. Board.

At the outsat Mr. lu'rkcaldio objected to the constitution of the Court, eontending that' it was not in accord with the spirit of the Shipping and Seamen's Act. He said that the objections which he desired to raise were put forward entirely us a matter of principle, and not on personal grounds. He went cm to submit that the spirit of.the: Act was this:, that where an investigation appeared to involve the question of navigation only, the "one. or more" assessors' stipulated should be'master manners of the merchant service, and, if possible, should have experience in the Jradc in which the casually happened. "in the present case, one of the two assessors was a marine engineer. It could not be said that any engineer's certificate was likely to be affected by the inquiry. The Duchess, lie-fore the collision, had just completed her annual survey, and there was not the slightest suggestion of anything being nt fault in 1 the engine-room : or on the part of any engineer. In the circums'tiinces, therefore, lie failed to so-} the justification for both assessors not being master mariners of the merchant service. With a view to,removing this anomaly, he desired an opportunity of making representations to tho proper quarter. Mr: Blair supported the application on. behalf of the owners of the Duchess. He submitted that the Statute was mandatory, so far ns the constitution of tho Court was concerned, and fcr the purposes of. the present inquiry it laid down that the assessors should be fully qualified navigators. He submitted that on.a question of seamanship an engineer was assumed'by the Act to be a layman.

Mr. Evans sa'itl that the Shipping Company was neutral on .the point, lie pointed out, however, that the Euahine was to leave Wellington on Sunday for Gisborne, and would not be back in pert for somo time. Mr. Prendeville consented to the appointment of a third assessor, and'at the same time pointed cut that,the Department'desired to retain an ongincor as an assessor in case an engineer's certificate became involved, The Magistrate upheld Mr. Kirkcaldie's objection, and stated that the Court as constituted did not comply with the Act, and had no jurisdiction to deal with the masters. It would he necessary to 'appoint a third assessor having experience .in the merchant service. He accordingly adjourned the Court sine die, with the proviso that the case may be called on again at IS hours' notice, on tho return of the ltuahine from Gisborne.