SAILED WITHOUT THEM

Evening Star, Issue 25716, 13 February 1946, Page 4

SAILED WITHOUT THEM

SEAMEN LEAVE TANKER SUCCESSFUL POLICE COURT PLEA Two British mercantilei seamen, who claimed that they did not definitely know the sailing time of the tanker British Restraint, which left Dunedin yesterday afternoon direct for Peru, successfully defended a charge against them in the Police Court to-day of absenting themselves from the vessel, The difficulty of establishing proof against them was explained to Mr J. 11, Bartholomew, S.M., by Mr A. G. Neill, counsel for the agents of the British Restraint, who said that members of the crew "who might have given evidence that hoth men had been warned about the sailing time were now at sea. The position was further complicated by reason of the fact that the original sailing time had been advanced because of the necessity for completing certain formalities. The charge against the men, Robert James Mitchell and Jack Harley, both aged eighteen, was dismissed after the magistrate had granted an adjournment to give counsel the opportunity of making an effort to produce evidence against the men that they knew the sailing time of the vessel.

Mr H. E. Sinclair, manager of the Shell Oil Company Ltd,, agents for the vessel, gave evidence that the British Restraint arrived at Dunedin on Sunday, and was scheduled to depart for Peru direct at 11 o'clock yesterday morning. The ship had been under charter to the Ministry, of War, and the charter having expired and the vessel handed back to her owners prior to her leaving this port, it was necessary to obtain a certificate of survey from Lloyds. Accordingly, the time of departure was advanced to 2 p.m. yesterday. The crew went ashore, and 14 were found in the Wharf Hotel and sent back to the vessel by the police. The two accused wore missing. The British Restraint loft eventually at 4 p.m. without them. When he was summoned to the Central Police Station at 6 p.m., Mitchell asked him whether there was any possible chance of. obtaining a job in this country. Evidence was given by Sergeant T. Harris and Constable A. E, Leadley, the latter saying that both accused reported at the police station at 6 p.m., and said that they had missed their ship. Their excuse for their absence was that they did not know the British Restraint was sailing at 2 p.m., as they had gone ashore at 11.30 a.m. Thev claimed that they had gone to sleep in a park after visiting an hotel, and when they went to the wharf the vessel had left. Mr Neill said it was admitted that there was no evidence before the. court on the- vital point whether the men were absent without leave, and as he could not produce evidence to the contrary following an adjournment, the magistrate dismissed the charge against both Mitchell and Harley.