MARINE INQUIRY

New Zealand Herald, Volume LXXIII, Issue 22580, 19 November 1936, Page 13

MARINE INQUIRY

PERSONNEL OF COURT OBJECTION TO ASSESSORS SEAMEN'S UNION ATTITUDE Objection to the personnel of the Marine Court which opened an inquirv yesterday into the foundering of the scow Tainahoe, in the Hauraki Gulf •shortly after midnight on September was raised by Mr. E. P. Walsh, who appeared for the Federated Seamen's I'nion of New Zealand. Mr. Walsh contended that two of the assessors were not disinterested parties. Mr. \\ worn Wilson, S.M., presided and the assessors were Captain F. («. Shirley, Captain .J. M. MoKinnon (scowmaster), Mr. W. I!. Messenger (engineer), and Mr. U. J. L. Jukes (shipwright). Mr. Walsh submitted that Captain McKinnon was directly interested because lie was a scowniaster interested in running the type of vessel concerned in the case. It also was submitted that Mr. Messenger was employed hy a concern owning and running a number of scows. " There is no question but that the two people I have mentioned arc interested and should not sit in this Court," Mr. Walsh added. Air. Goulding, who appeared for the Auckland Scowinasters' Association, said neither was in any particular way interested in the inquiry. Mr. Moody, who appeared for the owner-master of the Tainahoe, said the Act required that at least one member of the Court should have nautical experience. He did not know anything about the gentlemen but lie felt that they would hear the case fairly. Mr. Fodon, for the Marine Department, said Mr. Walsh's objection should he supported by more substantial evidence. Ho suggested that Mr. Walsh should be content to have his objection noted without prejudice to his subsequent rights. "'There is good ground for objection, but 1 would ask Mr. Walsh to allow the case to proceed," said Mr. Fodon.

The president, Mr. Wyvern Wilson, said he thought the best course would have been to have raised the question previously to the Minister as the Court was constituted by him. The Court's only course was to carry out the provisions of the. Act and make the investigation. It was largely a question of degree as to whether a party was materially interested. The objection would, however, be noted. Mr. Walsh said the full personnel had not been announced until that morning. Three assessors had been announced in Wellington but that morning the Marine Department had announced Captain McKinnon.