WRECK OF THE KIA ORA.

Otago Witness, Issue 2785, 31 July 1907, Page 34

WRECK OF THE KIA ORA .

FINDING OF THE COURT OF INQUIRY. CHIEF OFFICER'S CERTIFICATE SENT TO THE MINISTER. AUCKLAND, July 23. The finding of the Court of Inquiry on the wreck of the Kia Ora was delivered this morning. Captain Blacklock was entirely exonerated, and the certificates of the second officer and chief engineer were returned. In giving the decision, Mr C C. Kettle announced that it was the unanimous opinion of the court. The court stated that .the »urse set by the captain on leaving Waitara was proper and safe. There was no evidence to justify the court finding that the compass was out of order; on the contrary, the evidence warranted the conclusion that it was in good order and working satisfactorily. The court was of opinion that the evidence did not justify the conclusion that the current or set would have carried the vessel seven miles out of_ her course. It was alleged that the chief officer (Mr de Wolfe), when on the bridge, was in a I state of intoxication, and unfit to nave charge of the vessel, and did not carefully watch the compass and course ; that he was off the bridge for a considerable time ; and that while he was away the helmsman (Morris) did not keep the vessel on her course. No allegation was made against the second officer or any of the other seamen. De Wolfe admitted that he left the bridge for a few ° minutes, and that he called the look-out from his post and ordered him to take charge of the bridge while he (the mate) was away. In the court's opinion, de Wolfe was not justified in leaving the bridge or in taking the look-out from his post. In doing so he committed a grave breach of duty, and violated two clauses of the company's -nstructions to captains and officers. Having weighed the evidence, the cou-t thought it highly probable that de ''Volfe was off the bridge between 10 o'clock o':d midnight for a much longer lime than he was prepared to admit, and that during his absence Morris failed to keep the vessel on the course set ; or that while de Wolfe was on the bridge he did not keep a vigilant watch, and see that the vessel was kept on her proper course. The second officer, who relieved de Wolfe at midnight, stated that during his watch the course "N.iE." was carefully maintained. The court had no reason to doubt the' accuracy ol his testimony. Regarding the charge of drunkenness made against de Wolfe, the court was of opinion, after carefully weighing the whole of the conflicting evidence, that de Wolfe, who admitted having had some liquor at Waitara before the vessel left, was eoinewhat intoxicated when he took over the watch from Captain Blacklock at 10 p.m., but that it was quite possible that Captain Blackloek did not notice his condition. As to whether de Wolfe drank more "»quor aboard the vessel, it was obvious that deliberate perjury had boon committed either by Cavanagh, or by the chief steward, de Wolfe, and Baggstrom. It was difficult to find the truth. All that the court could say was that the evidence wa« not sufficiently conclusive and satisfactory to justify them in finding that de Wolfe did drink more liquor on the vessel after she sailed. Tho true cause of the vessel's deviation from her course had not been demonstrated to the court's entire satisfaction, the evidence not being sufficient to justify it in finding that the loss of the vessel was caused by the wrongful act or default of de Wolfe. The evidence, however, showed that de Wolfe had been disrated, and later dismissed, for drunkenness. The act provided that if any certificated officer was, from incompetenev or misconduct, unfit to discharge his duties, the Minister might order an inquiry in a court of summary jurisdiction that had power to cancel his certificate. After this report the Minister might consider it desirable to direct such an inquiry to be held. The evidence disclosed no breach of duty between the wreck and the landing, but after landing de Wolfe failed to exhibit proper application to his duty and responsibility as chief officer in not calling the roll and giving orders as to the protection and comfort of the passengers. A oomplant that the :re\v occupied the best positions under shelter had been urged, but this had not been established. Some passengers complained that Dr Wylie did not give due attention to them, but after the doctor's evidence the complaints — which, in the court's opinion, were rna*le under a misapprehension — were practically withdrawn. The court was satisfied that the doctor did everything possible. A number of amendments were suggested in packet license law, the principal sug- I fjestions being that the owner, instead of the master, should hold the lieen<=r\ and that no liquor should be supplied to an officer or member of the crew without the order in writing of the master of the vessel, and that any master or ofßeor in a state of intoxication while engaged in the performance of his duty should be liable to a penalty not exceeding £100, and imprisonment for not exceeding 12 months.

The court ordered the costs of the inquiry to be paid by the Northern Company and de Wolfe., and forwarded de Wolfe's certificate to the Minister of Marine.- The certificates of the second officer (Robertson) and'" the chief engineer (Baggstrom) were returned. The court expressed the highest appreciation of the services rendered t>y the settlers, and hoped that their services would be suitably recognised and rewarded. Great credit was given to Constable M'Carfchy and Mr Holmes for the part they took in assisting tbe settlers and afterwards in searching for the bodies of the drowned. The costs of the inquiry total over £200.