COUNSEL'S PROTEST

Otago Daily Times, Issue 23955, 2 November 1939, Page 6

COUNSEL'S PROTEST

READING OF EVIDENCE INQUIRY INTO LAUNCH TRAGEDY HARBOURMASTER CROSSEXAMINED (Special to Daily Times) f CHRISTCHURCH, Nov. 1. Early in the proceedings at the inquest to-day into the death of Mr T. J. Brasell. who was killed when (he launch Dolphin was sunk in Lyttelton Harbour, Mr C. S. Thomas,’who appeared for Mrs Brasell, said to t)lie coroner (Mr F. F. Reid, S.M.): “I must ask that the procedure of recent times of reading out statements be not followed at this inquest. I quite realise that you are here simply to determine the manner of this man’s death, and I am not trying to make this conveyance to ascertain any civil liability; but this is a matter of great public interest and importance, and the evidence should not be - led in this manner.” ' . The coroner said it was quite impossible. with the facilities at his disposal, for him to adopt any other procedure. Mr Thomas said he had to bow to the coroner’s ruling, but he would add that he had appeared, as had other counsel, in many inquests, and this was a recent practice that had crept in of taking statements in advance of court hearings. He would say, m full responsibility for his words, that this was a most dangerous practice which might one day lead to a scandalous position. The coroner said “Oh, yes, and to the senior sergeant he said “ Go on.” Signals and Regulations Captain Plowman’s evidence was then proceeded with. Mr Thomas asked for a copy of Captain Plowman’s statement, and received it. He then cross-examined Captain Plowman. Mr Thomas: You say that two advertisements were inserted in a newspaper, and also that. various men in charge of small craft have come and asked you about signals and the, regulations? —Yes. Would you give the name of anyone who called before this accident and received advice from you about the examination of their vessels?—l can’t for certain recollect just who came. I remember Mr Brasell did. Did you tell Mr Brasell that if the examination vessel was not on its station he had to stay outside the firing line?—l told him he had to stay outside the line. ” ■* And if the examination vessel was not there, the launch would have to halt on the east side of that line? — Yes, You know the vessel was, on the east side?—l’m not prepared' to say so. Surely you’ve seen the chart and do you then say y oil don’t know?—l don’t say I don’t know. I say lam not certain. If he was on the east side of the firing line, then he was not breaking his instructions?—No, not if he had not reached the line. Mr Thomas then asked the witness: Did you tell him that not only had he to keep outside the firing line, but that he had also not to approach the fort?—Captain Plowman: No. Mr Thomas: Knowing that you discussed this with Mr Brasell, Mr Martin called a meeting of fishermen, and there was not a single one who would say you spoke to him. Captain Plowman: I can’t be certain. I know there were others. I’m absolutely certain about Mr Brasell. Mr Thomas: Oh, you would be. To Mr Brown, Captain Plowman said that Mr Brasell used to go in and out of the harbour regularly. Mr Martin asked witness if a list of instructions had been issued to fishermen before the accident. Captain Plowman said there had been norfe issued then, but there had been since. But wasn’t there a small typed piece of paper issued?—Oh, I believe there was, but we could not reach all of them and so advertisements were put in a newspaper. Coroner’s Ruling Before the evidence of William Henry Willman was read, Mr Thomas said to the coroner: “I jam sure 3'ou will not mistake my motive, but; I would like to have a definite refusal of my previous application that witnesses should not be led in their evidence.” The coroner: How do you suggest the evidence should be taken, then? Mr Thomas: In the ordinary way, without leading. ' ' , , , The coroner: But it’s got to be led from him. Mr Thomas: I submit not. The coroner; Mr Thomas, these are not contentious proceedings. I a* l ] concerned only with how, when find where this man met his death. I see no reason to depart from the procedure now adopted. . ; .. Mr Thomas: I realise this, but there is quite a growing disquiet about this practice. I ask if you will make a ruling that you take the view you have jU The St coroner: Yes, that is the view I take.