CHARGES FAIL

Otago Daily Times, Issue 26077, 14 February 1946, Page 8

CHARGES FAIL

BRITISH SEAMEN IN COURT SHIP SAILS WITHOUT THEM A charge against two British seamen that they were absent without leave from their ship, the tanker British Restraint, was dismissed by the magistrate. Mr J. R. Bartholomew, S.M., in the City Police Court, The defendants, Robert James Mitchell and Jack Harley, both aged IS years, were not aboard the vessel when she sailed on Tuesday afternoon for Peru, and they later reported to the Central Police Station stating that they had missed their ship. Mr A. G. Neill, who appeared for the agents of the vessel, admitted that there was no evidence available that the men knew the sailing time of the ship, but pointed out that seamen were required to be aboard theii ship 24 hours before she sailed. The Butisn Restraint was due to sail at 11 a.m. on Tuesday, but the sailing had been postponed until 2 p.m. to complete certain formalities. Sixteen men of the crew had then walked off the ship, and had later been rounded up in an hotel and put on board. The two defendants were missing, and the mastei had ordered their prosecution. Before a warrant was issued for their arrest the men reported to the police station and had asked what they should do. They had said they did not know the saili’rtg time. Mr H. I. Sinclair, manager ot the Shell Oil Company, the agents for the vessel, explained the circumstances ot i'nc ship's departure, and said'that until Monday the vessel had been under charter to the Ministry of War, having only then reverted to her owners When he saw the two defendants at Hie police station. Mitcheil had askec! him if there was any chance of obtaining work in Dunedin. Constable Leaalcy said the detendants iiad explained to him that they had gone to sleep in a park attcr leaving an hotel. Mr Neill agreed with the magistrate that there was no evidence on the vital point of whether tire men were absent without leave, and after an adjournment had been taken to allow him time to produce sirh evidence, which he failed to do. the magistrate dismissed the charges.