RANGATIRA INQUIRY

Evening Post, Volume CXXI, Issue 78, 1 April 1936, Page 12

RANGATIRA INQUIRY

REHEARING OPENED

JURISDICTION OF COURT QUESTIONED

SECTION OF ACT CLAIMED TO BE ULTRA VIRES

The rehearing ordered by the Minister of Marine (the Hon. P. Fraser) of the inquiry into the mishap to the inter-island express steamer Kangatira on the morning of February 2 last was opened in the Supreme Court today. The Chief Justice (Sir Michael Myers) presided, and associated with his Honour as assessors were Captains L. C. 11. Worrall and F. W. Baron, both of Wellington.

The mishap to the vessel occurred outside the Wellington Heads while she was t en route from Lyttelton to Wellington. An investigation into the circumstances was held in the Magistrate's Court in February before Mr. E. D. Mosley, S.M., who had with him as assessors Captain W. H. Hartman, marine superintendent for the Shaw, Savill, and Albion Co., Ltd., and Captain H. Hollis, marine superintendent of the Commonwealth and Dominion Line. After hearing the evidence this Court of Inquiry expressed the opinion that the stranding was not caused or contributed to by any wrongful act or default of the master, or any of his officers or crew, and that the master was justified in assuming that the land he sighted at 6.3 a.m. was Taurakirae Head. The Court also expressed the opinion that, subsequent to the stranding, there was no neglect or omission of duty on the part of the master or officers, including the wireless operator. After considering the report submitted to him by the Nautical Court with a view to determining whether the findings of the Court provided adequately for the safety of life at sea or whether, in the public interest, a rehearing of the inquiry was necessary under section 243 of the Shipping and Seamen Act, 1908, the Minister of Marine decided to order a further investigation.

The Solicitor-General (Mr. 11. H. Cornish, K.C.), with him Mr. N. A. Foden, appeared for the Minister of Marine, Mr. P. B. Cooke, K.C., with him Mr. E. K. Kirkcaldie, for the master of the Rangatira, " Captain W. D. Cameron, and the chief officer, Mr. T. E. Bevan, Mr. L. H. Herd for the wireless operator, Mr. L. A. Hudson, Mr. C. G. White for the Union Steam Ship Company, owners of the vessel, and Mr. J. F. B. Stevenson for the Wellington Harbour Board. Captain F. A. 3facindoe watched proceedings on behalf of the Merchant Service Guild, and Mr. F. P. Walsh for the Seamen's Union.

■ When today's proceedings began Mr. Cooke raised a preliminary point as to the Court's jurisdiction. He submitted that the Court had no jurisdiction on the ground that section 243 of the Act was ultra vires of the New Zealand Legislature in so far as it conferred on the Minister of Marine power to order a rehearing. As the point would take some little time to argue, counsel. Suggested that it might be better if argument on it was deferred ■ until the evidence had been heard. The Chief Justice said he had had that in mind, although he did not know that he would have suggested it to counsel. Mr. Cooke said that if the Court took a certain view of the evidence the point he raised would not matter. The Chief Justice said that was all yer'y well. The question, however, was a very important one and if it should appear that there,was any real doubt about it then it was a matter the proper authorities might think should'-be .put. right without delay. Not having heard the argument, he of course expressed no opinion on the subject. He was quite content that the argument should be deferred until after all the evidence had been taken. Mr. Cornish said he took it the point would be argued in any case, whatever, view the Court might take of the facts. .':■■'■ The Chief Justice: I should say that is. probable, but I won't say so definitely at this stage. Mr. Cornish said that the point was an important one. If it was sound, very .important legislation would be required which would be far-reaching. Legislation of the British Parliament might be required, observed' his Honour.' '■'.'' Mr. Cornish: Possibly that or possibly the adoption of the Statute of Westminster. The Chief Justice said that the section had'been in force in various Acts of the New Zealand Parliament since 1903, and each of the Acts in which it appeared had been reserved for the signification of and had had the approvalof the Sovereign? Mr. Cornish said he would have preferred the point to be disposed of now, but left the matter entirely to his Honour. The Chief Justice said he thought the more convenient course would be to proceed and hear the argument on the question of jurisdiction later. This course was agreed upon. The Chief Justice said he might say at once- that the inquiry was one of considerable importance not only to the parties immediately concerned but to. the public also, and the desire of, the Court was that the fullest latitude should be given in the matter of the taking of evidence. The matter, therefore, would be left very largely entirely to counsel. Ha would suggest, however, that the important events.relating to the stranding were within a very small compass and counsel might think it unnecessary to take all. the evidence over again. He n.eant all the evidence relating to ttn voyage from Lyttelton up to the particular moment which they regarded as the commencement of the crucial point. THREE CRITICAL MATTERS. Mr. Cornish said it was inevitable in such proceedings that the acts of certain • officers should come under review and be subject to examination. That being so, it was only fair that he should indicate what particularly were the matters on which the Court's judgment was sought. These ■ three critical matters might be summarised in the following three questions:—- '" ' 1. Was the' master justified under all the circumstances in taking it for granted that his landfall was • Taurakirae? 2. Was he in the circumstances justified in continuing at full speed after sighting land? 3. Did the wireless operator carry out his instructions? With the Court's approval, said Mr. Cornish, he proposed inviting the master's attention to what took place from Cape Campbell onwards. He . did, not think it fair that he should make anyt opening address. The Chief Justice: No. It is an inquiry, not a prosecution. After the notes of evidence taken in the lower Court had been put in and proved, Mr. Cornish asked leave to call evidence tending to show the place where the Rangatira struck. ,The Chief Justice said there was no reason why the evidence should not be called. FISHERMAN'S EVIDENCE. Enrico -Alberino, an Italian fisherman, was" the first witness called, and Signor Oscar Carraro, Italian Vice-Consul, was sworn as interpreter. Alberino said he had fished from Island Bay for many years, and knew the locality off the Karori Stream well, as he was in the habit of setting nets there. He" had gone fishing a few days after the stranding of the Rangatira, and had set bulterfish nets near a rock off the Karori Stream. After setting the neis he moved, away, to

wait for the tide. Returning two hours later, he went round the rock and saw that it was marked by long white seams that had not been there in the past. The tide was very low. then, and the water was calm, so that he could see everything. The long white mark was on one side of the rock, and he considered something had struck the rock. The mark was about five feet long and the seaweed was rubbed off. There were some broken pieces in the middle of the rock. Mr. Foden: Have you seen rocks appearing like that after a big storm? —I never.saw rocks like that after a storm. * . How far was the rock from the beach? —About a mile. 'Do you know a point of land called Tongue Point?— No. I call it a different name. Witness said he called everything there Karori Reef. He knew Station Point, and the rock was more than a mile from that. It was more than a mile from Karori light—a mile and a quarter. A red and white shed and a red house were visible from the rock. When the witness was asked to indicate Station Point on the chart he indicated Tongue Point. About two weeks later, said witness, he visited the rock accompanied by Captain Stuart. To Mr. Kirkcaldie, the witness said he first noticed the marks on the rock four or five days after the Rangatira stranded. His nets were set quite near the rock—within three or four yards. Mr. Kirkcaldie: Is there any portion of this rock above the water?—When^ it is calm sea. Would you not be able to see the top of the rock easier if the water were rough?— No. If you cannot see the rock above the water, how do you know its locality ?_i know it very well. I know quite well all the rocks. Can you tell from the appearance of the rock what the white mark consisted of?— From the making of the white sign something must have struck .Mr. Foden: Do you set your nets at high water? —No, not high water. When the tide is coming down half-way. When you throw out your nets do you pay attention to where you are putting them?— Yes. Can you say on which side the mark was on the rock?—On the side of the sea. How was it you did not notice the condition of the rock when you cast your nets? —The tide was coming very strong. LOCATION OF ROCK. William Wigmore Stuart, master mariner, examiner of masters and mates in the Marine Department, said he had gone out to a rock with the Italian fisherman on March 5. They went to a locality off Toms Rock. The submerged rock was clearly visible and he fixed its position by horizontal sextant angles to Tongue Point and Karori Light, Karori Light and Sinclair Head, and Sinclair Head and Baring Head. These angles showed the rocky shoal to be 2 cables 065 degrees from the charted position of Toms Rock. He estimated the least depth over the shoal at half-tide to be 10 feet. One side of the rock was covered with marine growth, but on the seaward side a number of bare patches were clearly visible. A white house with a red roof was clearly visible on the shore at the mouth of the Karori Stream about one mile away. The Karori light was 1.5 miles distant and was clearly visible. There was a rock awash about 100 yards towards the shore. The south-eastern side of the rock showed several patches that had undoubtedly been stripped of marine growth. The rock was really a rocky shoal of approximately thirty yards in extent. To Mr. Cooke, Captain Stuart said the white marks on the rock were scattered about and were separated by a few feet. There may have been other marks deeper down,- but the marks to. the seaward were the only obvious ones. He could not be emphatic about the marks, as he could only make a general observation. He drew the conclusion that the white was broken rock. He thought it peculiar that that part of the rock should be clear of marine growth, and a closer examination showed that it was clear of some of its original rock. Mr. Cooke: Was the appearance of the rock consistent with the seaweed being worn off by the storm?—No; because I would not expect it to be worn off in one place only. The fisherman had taken him to the shoal, Captain Stuart said, but apart from indicating the shoal he did not help to find the marks. As far as he knew the points marked on the chart were correctly charted. He had no reason to suppose that any of the points observed from the shoal were incorrectly charted. ' Mr. Cooke: You know this chart?— Yes. It was' compiled by no less a personage than Captain Cook, was it not? —I couldn't, say. Mr. Cooke (looking at the chart);

I'm sorry* it was charted by Captain Stokes in 1849. RENDERING OF ASSISTANCE. To Mr. Herd, Captain Stuart said he would not like to say whether or not a ship on the shoal in a southerly blow could be assisted by other shipping. The shoal was approximately eight cables (one mile) from the shore. As a practical seaman in command of a vessel, could you render any practical assistance to a vessel on that shoal?—l would certainly endeavour to do so. What assistance could you giverOne could pick up boats if necessary. I am presuming a strong southerly blow. That is a lee shore. Could you go to the assistance of a vessel in those conditions? Captain Stuart said he would certainly not endanger bis ship and he could not say how far he would have stood off. That would depend on the vessel and the conditions. In a vessel the size of the lonic he would not go too close to* the locality. The distance would depend on the behaviour of the ship and the conditions. In reply to the Chief Justice, Mr. Herd said that he wanted to show that the sending of an alarm signal by the wireless operator would not have helped. Mr. Cornish asked if it was possible that the rock the witness had examined could be Toms Hock. Captain Stuart: I should say not. The rock I examined was inside Toms Rock. ' ■ Mr. Cooke: Toms Rock is awash at low water, is it hot?— Yes. I think you said that there was a rock about 100 yards inshore from the rock you think you fixed?— How do you mean I think I fixed. I'm sorry; I mean the rock you fixed.—l thought you were casting some reflection. The Chief Justice: It may have appeared that way, but I'm sure it wasn't meant. Mr. Cooke again apologised for the way the question had been put, and Captain Stuart said the rock was showing 100 yards inside the shoal and no other rocks were visible at halftide. CAPTAIN'S EVIDENCE. William Donaldson Cameron, the master of th/s Rangatira, was, called next by Mr. Cornish. Mr. Cornish asked the captain to mark on the charts of Cook Strait in the court the position he thought he was in when he first sighted land at 6.2 a.m. Captain Cameron proceeded to do this. Mr. Kirkcaldie, in reply to a question from the Chief Justice, said that Captain Cameron had not been asked to do this before. The Chief Justice: I should have thought it would have been the very first thing that would have been asked for.. To Mr. Cornish, Captain Cameron said ho thought the land he saw was Taurakirae. ■ Mr. Cornish suggested to him that the point he had marked on the chart could not possibly be correct. The Chief Justice said that one did not want to see any error. He and the assessors with him had understood from the notes of evidence taken at the other inquiry that when Captain Cameron saw what he thought to be Taurakirae he judged his distance to be two miles off. The mark he had made on the chart placed his position at six miles off. Perhaps he did not understand the question. Mr. Cornish said that was why he had raised the point. He wanted Captain Cameron to reconsider it, to be fair to him. The Chief Justice (to Captain Cameron): The position you indicated just now was the position you thought you were in before you sighted land? Captain Cameron: Quite. Captain Cameron was asked again to mark on the chart the position he thought he was in immediately after sighting land. The Chief Justice, after examining the mark, said that the position was 3£ miles off land. His one desire, said his Honour, after Mr. Cooke had interposed, was to see that no witness was taken down wrongly in the notes. He was desirous of having the notes accurately taken and of seeing that no error was made detrimental to the witness. Mr. Cooke pointed out that at the other inquiry Captain Cameron had given his distance from .land as two to two and ?. half miles and not two miles. His Honour said that what he wanted to see was, first of all, the position on the chart Captain Cameron thought he was in when at 6.2 a.m. he thought he saw Taurakirae Head. Then he wanted to have on the chart Captain Cameron's position upon the assumption that the stranding took place on or immediately near the rock spoken of by the Italian fisherman. That was quite simple to do. Until this had been done it did not seem that they would be able to get much further. The Court suggested that the chart could be marked during the luncheon adjournment. Before the Court adjourned Mr. Cooke said he desired to put in at the appropriate stage two photographs, one of Sinclair Head and the other of Taurakirae to show their similarity. AFTERNOON PROCEEDINGS. When the Court resumed Mi\ Kirkcaldie put in two photographs of Sinclair Head and three photographs of Taurakirae Head, all taken from the same angle. Captain J. Ritchie, master of the Tamahine, said he had taken the photograph of Sinclair Head, his bearing at the time being east by north. With Captain Cameron in charge he had sailed over the Lyttelton-Wellington course many times. With a southerly wind and a heavy sea Captain Cameron's practice was to keep off to the eastward of Cape Campbell. Returning to the point being discussed when the Court took the luncheon adjournment, Mr. Cornish asked Captain Cameron to mark on the chart the position he thought he was in immediately he sighted land. Asked to give the bearing and the distance from land, Captain Cameron placed the bearing at north 50 east and the distance at from 2J to 2:! miles off Taurakirae.

On the assumption that the rock spoken of by the Italian fisherman and Captain Stuart was the rock where the Rangatira struck, Captain Cameron was next asked for his position when he actually saw land. Witness, after his Honour had reminded him of the data that the Court had been given and after having put the question again, marked a point on the chart. This point, he said, was about 14 miles from his bearing at 6.2 a.m.

(Proceeding.)