LOSS OF KAIWARRA

Evening Post, Volume CXXXV, Issue 33, 9 February 1943, Page 4

LOSS OF KAIWARRA

COURT'S FINDINGS

MASTER EXONERATED

The Nautical Court which investigated the stranding and wreck of the steamer Kaiwarra off Motunau Island, North Canterbury, early in the morning of December 4 last, has given its findings. The master of the vessel, Captain William Henry Dean Gardner, has been completely exonerated, and his certificate has been returned to him without blemish. The second officer, John Sutherland Melville, has been found guilty of an error of judgment and dereliction of duty in failing to report a material change in the weather, but the Court states "that,it sees no justification for cancellation or suspension of his certificate. The findings are as follows:— "1. The cause of the casualty was a strong set running in a northerly or north-westerly direction, and unknown and not anticipated, during the hours of darkness between 9 p.m. and 1.30 a.m. on the night of December 3, 1942, which threw the vessel off her course some miles, causing her to strand and subsequently to be wrecked three-quar-ters of a mile off-shore north or Motunau Island, North Canterbury. "2. The casualty was riot caused or contributed to by any wrongful act or default or dereliction of duty on the part of the master or any of his officers or crew other, than the second .officer. "3. The second officer, John Sutherland Melville, was guilty of an error of judgment and dereliction of duty in failing to report a material change in the weather which occurred after midnight on December 3-4, 1942, when he was on duty. ' ' "It is impossible for the Court to determine whether or not the default of the second ;officer contributed to the final casualty, since any change in the navigation of the ship after such material ~alteration in the weather would become the responsibility of the master. What the master would have done had the change in weather been reported to him it is impossible to say." Mr. A. M. Goulding, S.M., presided, the assessors being Captain L. H. C. Worrall and Captain A. Reed. Mr. C. A. L. Treadwell appeared for the master and chief and second officers of the vessel, Dr. N. A. Foden for the Marine Department, and Mr. .C. G. White for the Union Steam Ship Co. of N.Z.," Ltd., the owners of the Kaiwarra. ~--, In an annex to its findings the Court said: "In failing to call the captain or to report the change in weather the second officer says he exercised his judgment and did not consider it necessary to do so. The view of the Court is that the change in weather was such between 12 midnight and 1 a.m. that the master should have been called." DECISION JUSTIFIED. It was clear that the sets experienced off this particular coast were variable and influenced by the weather, and the Court agreed that there were no means of determining whether or not the vessel was being subjected to a set during the hours of darkness when it was impossible to determine with accuracy the vessel's position. In all the circumstances the Court thought that the decision of the master not to make allowance for any set was perfectly justified, more particularly ( having regard to the fact that he had Ito keep his vessel on a set course withlin a narrow defined channel. The Court did not think that the master was at fault in failing to order soundings to be taken earlier in the evening and between 10 p.m. and 1.20 a.m. he had not been informed of any change in the weather and during part of that time he had, because of lack of rest, been asleep in his cabin while engaged in compiling a return. "Throughout, the voyage, it is the opinion of this Court, Captain Gardner acted in a careful and prudent manner and was diligent in the fulfilment of his duties as master of the vessel," the annex concluded. Referring to an accident to the steering gear earlier in the voyage, the Court said that, throughout the 29 hours when the repairs were undertaken, the master remained continuously oh duty ; and for this he deserved commendation. The engineer and others engaged in this work were also commended, as were the captain, officers, and crew for making'every possible effort to get the vessel off after it had stranded.