SHIP MASTER CHARGED.

Otago Daily Times, Issue 20832, 26 September 1929, Page 15

SHIP MASTER CHARGED.

SEQUEL TO AN ACCIDENT.

breach op regulations

alleged.

A case ht a very unusual type came Before Mr J. R. Bartholomew, S.M., at the-City Police Coiirt yesterday morning Wien George Victor Harris, master of City of Lincoln, was charged that on September 16, at Wellington, he committed a breach of the General Harbour Regulations in that. he failed to comply with the Safe Working of Loads- Regulations, thereby causing injury to three persons occasioned by the overloading of the hook of a lead block by placing a load of approximately three tons upon it, the safe loading being not more than loewt. IVIr A. N. Haggitt appeared for the defendant, who pleaded not guity, and the Manne Department was represented by Captain Fraser (Superintendent of Mercantile Marine). In outlining the charge, Captain Fraser stated that while the* ship was being una lead block carried away, and a hook broke, with the result that’ a case tell on to the wharf, injuring one watcrside worker severely and two others Bligntly. The cause of the accident was overloading. The maximum weight which the gear could carry with safety was 15cwt, and the case 'which fell weighed 3 tons scwt.

Evidence was given by Captain William John King, surveyor of ships, who stated that at the request of a stevedore light gear had been rigged to enable the cargo to be handled more quickly.. The weight of the case which had fallen was clearly marked upon it. He was on the bridge of the Tamabme when the accident but he saw the case fall. Tim magistratelf the- offence took place in Wellington why was the matter brought, here?.

Captain Fraser explained that the ship tvasc oh the ere of; departure when the accident took place.

Mr Haggitt: Was .Captain King Brought down from Wellington? Captain Fraser: Yes, Mr Haggitt;lt, is a waste of the country’s money. , . The‘magistrate said that in a case such' as this where there was a dispute as to the fact there should he., direct’ evidence. What Captain King had been told was not evidence; The men . who were present shoaid have been called." Mr 'Haggitt said that no offence had been disclosed under the section on which the charge was based. The evidence which had been given would surely not satisfy any court. Why'should the defendant bo put into the box to prove the Crown’s case? It was not right to charge the master with “wilfully” com.mitting the offence, when he was not even .present. The charge attempted to . make him ’criminally liable .for the act of someone else which he did hot even see. After the had perused the ■regulations Mr Haggitt said that the Crown could surely- afford'a solicitor to draw up the charge properly. •' “ You had better see -the Crown Solicitor and get the matter proper!jv . drawn np. The case can /be resumed to-mor-row,” said the" magistrate, on being inCformed that the ship would , not leave Dunedin until to-night.; , . / '