DANGEROUS NAVIGATION.

New Zealand Herald, Volume LV, Issue 17012, 20 November 1918, Page 4

DANGEROUS NAVIGATION.

A SHIP'S MASTER FINED.

A case of an unusual nature—the first of its kind in New Zealand—was heard at the Magistrate's Court, Wellington, on Saturday, when David Samuel, master of an overseas ship, was charged that while on a voyage from Auckland to Wellington, and within 300 miles of the coast of New Zealand, he navigated the ship in breach of an order given to him by the naval authorities in regard to the navigation of the ship through the tidal portion of Cook Strait. Mr. P. S. K. Maoassey, of the Crown Law Office, appeared for the prosecution, and Captain Chudley, of the Shaw-Savill Company, for the defendant, who did not appear, and on whose behalf he pleaded guilty. The prosecution waa instituted under a War Regulation pro- | hibiting vessels from traversing a certain J area of Cook Strait at* night-time. j Captain Hall-Thompson, naval adviser I to the Government, gave formal evidence of the issue of the instructions to Captain I Samuel. He said he did not press tor a I heavy penalty, but it was essential that j the instructions should bo carried out. Captain Chudley said defendant had been running to and fro on the Atlantic for some four years, and probably relaxed his vigilance on reaching waters of a less dangerous nature. H-? had not been in New Zealand waters before. His Worship, commenting on a letter which Captain Samuel had written in explanation of his conduct, said that the defendant did not appear to realise the j seriousness of his offence. At the same ; time he must recognise' that this was the I first offence of the kind that had be»n before a Court, and no doubt the publication of tho case would act as a warning to I others. The difficulty about passing a i right penalty was that other masters j f*el disposed to take the risk, and look upon a fine as a liet against the safety of the ship. He had no doubt there was no criminal intent—it was simply a case of a master tating a risk; but the vi immera way lost not so long ago, and that appeared to have been due to a man takine a risk. Ae it was the fust case of the kind he did not intend to inflict a heavy penalty, ] but the fine must not be taken' as a preI cedent. In any further cases a much j heavier penalty would be imposed Do j fenrlnm would he fined £10, With coslb