WAHINE MISHAP

Evening Post, Issue 28, 1 August 1936, Page 11

WAHINE MISHAP

ERROR OF JUDGMENT

NAVIGATION IN FOG

COURT'S FINDING

An indication of the Court's finding in the inquiry into the mishap to the Wahir.e, which is to be embodied in a report to the Minister of Marine, was given by Mr. E. D. Mosley, S.M., in^the Magistrate's Court yesterday afternoon. The Court found the master of the ship (Captain B. B. Irwin) guilty of an error of judgment, but returned his certificate to him. Mr. Mosley said the question of fog signals for Wellington Harbour had been gone into and would be the subject of a special memorandum to the Minister. Mr. Mosley said that he was advised by the nautical assessors, and he agreed with them,, that Captain Irwin was guilty of an error of judgment in the following two respects: (?) In steering the course he did, from abeam of Point Jerningham, which he did not see, and (b) in approaching the vicinity of the wharves in such a fog at an excessive speed. At the same time it was felt that Captain Irwin, his officers, and crew were to be commended for the exceedingly great promptitude with which they had acted in such a case of emergency. He did not think that too much praise could be given to the captain, his officers, and men in that respect. PUNCTUALITY OF SHIPS. "Another question has arisen which I do not think it proper to refer to in the report," continued Mr. Mosley. "It has been brought before my notice by the Crown on at least two occasions that the Union Company is in some way alleged to have given or to give all its masters instructions, secret or otherwise, regarding their arrival in port with punctuality, and it,has been insinuated that some penalty would be enacted on them if they did not do so. There has been during the last two inquiries not the slightest evidence to support that (theory. The evidence has been entirely to the contrary and my two assessors, who have been experienced captains in the Union Company for years, say that such an idea is entirely erroneous, and they have requested me to emphasise that fact —that no such action has been taken by the Union Company nor has such an action been insinuated. "I wish personally to thank my assessors (Captains J. Mawson and J. G. Watson) for the extreme care with which'they have gone into all the nautical questions which have been presented for the consideration of the Court. They have been most meticulous in their care, and I wish to take this opportunity of publicly thanking them for the work they have put in and for the advice that they have tendered to me. "On the question of costs the Court makes: no order. QUESTION OF FOG SIGNALS. "A further important question, almost apart from this inquiry, is the question of fog signals. That has been gone into by the assessors and myself and will be the subject of a special memorandum to the .Minister." , Mr." Mosley concluded by saying that it gave him pleasure to return Captain Irwin's certificate to him. In view of the phraseology of Mr. Mosley's statement, said Mr. N. A. Foden, ( counsel for the Marine Department, he wished to say that the Department did not go to the length' of1 making any insinuation against the Union Steam Ship Company. The questions were asked in the previous inquiry and again on this occasion because rumours had persisted and he felt that the questions should be asked for. the purpose of clearing the air. The Union Steam Ship Company oh this particular point had come out unscathed. In view of the statements made to the Court by such prominent masters as Captain Irwin on this occasion and Captain Cameron at the other inquiry, the position from the public point of view was cleared. Mr. Mosley said he thought counsel for the Crown was perfectly justified in asking the questions on .this point.