SYDNEY FERRY TRAGEDY

Dominion, Volume 21, Issue 85, 9 January 1928, Page 10

SYDNEY FERRY TRAGEDY

CONCLUSION OF MARINE COURT INQUIRY MR. JUSTICE CAMPBELL’S JUDGMENT ' TAHITI’S SPEED DECLARED EXCESSIVE Mr. Justice Campbell, in fais judgment concerning the TahitiGreycliffe collision, said it was not possible on the evidence to arrive at a definite estimate of the speed of either vessel, but in his judgment the speed of the Tahiti as she approached the point of collision was rather in excess of the prescribed speed limit for outgoing deep-sea vessels in that portion of the harbour. J Br Telegraph.—press ’Association. Copyright. (Rec. January 8, 5.5 p.m.). • Sydney, January 7. The Court and galleries were filled to overflowing and a large crowd gathered in the street, when Mr. Justice Campbell delivered his judgment in the Tahiti-Greycliffe collision inquiry this morning. Mr. Justice Campbell said that on the evidence produced he could not give a decision on the matter. He added that the Tahiti’s speed was in excess of the Greycliffe’s. The captain of the latter vessel could not be held responsible, as he considered his speed ' was in excess of that allowed oversea ships under the regulations, therefore he could not be overtaken. Mr. Justice Campbell held that the Tahiti’s speed exceeded that allowed by harbour regulaitons for oversea vessels. His Honour said that from abreast of the northern end of Garden Island to the place at which the collision occurred, the Tahiti was in relation, to the Greycliffe an overtaking vessel, and as such was subject to the rules governing an overtaking vessel. “I think the cause of the collision was the failure of the Tahiti ,to observe that-rule and keep out of the way of the Greycliffe. I am unable to accept the case put forward on behalf of the Tahiti, and those in charge of that vessel, that the Greycliffe, when she was about four hundred feet away from the Tahiti’s bridge and about four points on the starboard bow, suddenly swung to port with a sharp angle , of a turn that would head her almost to north and to the west of Bradley’s Head. No one was able to suggest any reason for this as a voluntary act, and it is not otherwise sought to be explained or accounted for, and it is flatly denied by the master of the Greycliffe.” Mr. Justice Campbell added that an alternative view of the reason for the two vessels bieng placed in such positions... that a collision was. inevitable was a result of their normal progression upon their ordinary courses respective-, ly, and that the situation must then have been potentially dangerous. The. master of the Greycliffe was clearly totally ignorant of this and of the. proximity of the Tahiti, but those in control of the Tahiti, having the Greycliffe in full view, should have been aware of it, but apparently were not, and momentary inattention to the Greycliffe, when the ferry steamer Woolara. was passing to port, afforded just sufficient time to turn a potential danger ( into imminent deadly peril. . This was recognised by the pilot' when he exclaimed ’’Good Godl” and sounded two blasts on the whistle. He was constrained to accept this view by force of the evidence as.well as consideration of -the probabilities. It seemed more probable that the situation was Glowed to develop dangerously in a momentary interval of distraction than that the tragedy was created by ap insensate act of an apparently sane man, that was, by the master of the Greycliffe suddenly without any conceivable motive, turning at right angles from the course and. going in a direction in which he had no desire to go. The evidence indicated the probability • that the vessels were slightly converging, sufficiently to. place them in dangerous proximity, without any such sudden convergence as was attributed to the Greycliffe. Dealing with the speeds of the. two vessels, Mr. Justice Campbell said it was not on the possible to arrive at a definite estimate of the speed of either vessel, but in his judgment there' was nd room for doubt that the speed- of the Tahiti as she approached the point of collision was greatly in excess of the prescribed speed limit , for outgoing deep-sea vessels in that , portion of the harbour. It must have exceeded. the Greycliffe’s speed, which was probably between nine and ten knots; that of the Tahiti being possibly about twelve. There was.no evidence to show that the master of the Greycliffe had committed any positive breach of the rules of harbour navigation, nor was there any evidence to show that he was guilty of any act of omission or commission, amounting to a breach of general duty to exercise care in the management of his vessel, which caused or contributed to the collision. Mr. Justice Campbell the • necessity for the authorities seeing that the harbour regulations were vigorously carried out. He added that after the collision everything was done" that could have been done to save life. No one on board the Tahiti or elsewhere who was in a position to aid exhibited anv lack of concern, of judgment, or effort, for the mitigation of the immediate consequences of the disaster. POSSIBLE DEVELOPMENTS COMPENSATION CLAIMS ’ ' (Rec.’ January 8, 5.5 p.m.) Sydney, January 8. The hearing of the Greycliffe inquiry will be reopened at the Coroner’s Court to-morrow. Fifty witnesses have already been examined and subpoenas served on a hundred others, so that the hearing is likely to be lengthy. What action will follow Mr. Justice Campbell’s findings in the Marine Court will depend either upon the Federal Director of Navigation or the State Superintendent of Navigation, who have power to, decide from the findings whether material exists upon which any individual can be called upon to show cause why his certificate should not be cancelled. Though the parties have no right of appeal against Mr. Justice. Campbell’s findings, subsequent litigation will open the door to appeal. Claims for compensation for the injured in the disaster and the dependants of the dead are sure to be filed in the Supreme Court. Another possible development is an action at law between the Union Company and the Sydney Ferries Company.