POET HOBART INQUIRY

New Zealand Herald, Volume LXVIII, Issue 20866, 7 May 1931, Page 7

POET HOBART INQUIRY

RETURN OF CERTIFICATES. MASTER AND CHIEF OFFICER. EVIDENCE OF TIDAL SET. [BY TELEGRAPH. —OWN CORRESPONDENT.] WELLINGTON. Wednesday. The magisterial inquiry into the striking of a submerged object by the motor-ship Port Hobart off Cape Taurakirae, 18 miles from Cape Palliser, was continued yester- ' day and the Port Hobart left for Lyttelton in the evening. Captain Worrall and Captain Barron were associated with Mr. Page as assessors, Mr. Prendeville appeared for the Marine Department, Mr. Kirkcaldie for Captain Cottell, Mr. Watson for the ship's owners and Mr. Parry for the first officer, Mr. G. G. W. Jinman. Captain H. Donald, of the Marine Department, said within recent years four ships, the Corinnu, Tutanekai, Rakanoa! and Mararoa, had been scuttled in the > vicinity of Taurakirae Head. It was re- | ported there was deep water there. Mr. Kirkcaldie submitted there was no case to answer as far as the captain was concerned. Captain Cottell had a long and honourable record and this was his. first accident. If necessary, fishermen" would be called to prove that after bad - weather there was an abnormal set in tho ' vicinity of Taurakirae. There was no evidence whatever of dereliction of duty, «>' Course Considered Sale. Mr. Parry said the vessel was on what, ■was considered to be a safe course. If iit was his duty to prove that the tide set was abnormal, then he - would be» only toopleased to do so. The onus, however, was not on his cliont to prove the set. Mr. Page: In these inquiries our duty it to consider tho conduct of the master . and his officers and where evidence warrants it to express an opinion as to the behaviour of such persons. Mr. Parry: If it is shown that the vessel does strike something, then that in itself " raises a presumption of an error of judgment. • ■ Mr. Page: It may in the absence of some adequate explanation. Mr. Parry: We say the answer to that is that the course which was set was a safo course and that the master had no reason to believe that ho would be set in to such an extent. After a short retirement, Mr. Page announced that the Court held the view .. there was no case to answer as far as the chief officer was concerned, and it accord- - ingly did not invite evidence on his behalf. Evidence of Tide Set Before finally adjudicating on the master's, case, the Court would like to • hear any evidence that his counsel deemed i it desirable to call. "Our view," said Mr. . Page, "is that even as the matter now stands, we would not come to a conclusion that would in any way affect the certificates as far as suspension or cancellation is con* 1 cerned. The certificates of the master and the chief officer will'be' returned." Further evidence on behalf of the master ■ was called by Mr. Kirkcaldie. John Tait, a .fisherman, of Island Bay, said for nine hours out of twelve there 1 was a set - into-. Pallisor . Bay, particularly after bad weather. ' William Arthur Wildman, master of the ' Arahura, said that on the night of April ' 2 he made a voyage from Wellington to ' Nelson in a north-westerly gale. The ; weather was thick and showery. Tho log registered 37.3 miles between Karori Rock | and The Brothers, an actual distance of j 17 miles. Mr. Page said the Court would giv* its finding on Friday.