THE RANGATIRA

Stratford Evening Post, Volume IV, Issue 102, 8 April 1936, Page 7

THE RANGATIRA

CAPTAIN AT FAULT SUPERB SEAMANSHIR AFTER. Certificates Not To Be Affected. —r g*f-a ' FINDING OF COURT. Press Association— Copyright. Wellington, April 7. The judgment of the court set up by direction of the Minister of Marine, the Hon. P. Frascr, to rehear the inquiry into the stranding on February 2 of the inter-Island express steamer Rangatira was delivered this afternoon. The court concluded that the master, Captain W. D. Cameron, made an error of judgment, but in view of his unblemished record and superb seamanship after the disaster and of the undoubtedly abnormal tide the court considered the master's certificate should not be affected. Dealing first with the legal point raised during the proceedings whether the court had jurisdiction to rehear the inquiry, to which 14 pages of judgment were devoted. His Honour the Chief Justree, Sir Michael Myers, held that section 243 of the Shipping and Seamen Act, 1903, must ba regarded as a valid exercise of the power conferred upon the New Zealand Legislature by section 735 of the Imperial Act as to ships registered in New Zealand. In other words His Honour held that the Minister had jurisdiction to order, and the court to hold, the rehearing on the facts of the case.

The court, the Chief Justice and with him two assessors, Captains Worrall and Baron, came to the conclusion that in all the circumstances the master's proceeding as he did at two minutes past six was in their opinion an error of judgment In view, however, of Captain Cameron's unblemished record over a career of 35 years and of the superb seamanship shown by him after the disaster, but for which many lives might have been lost, and of the undoubtedly abnormal tide which caused the vessel to be set to the west so far out of her course the court considered his certificate should not be affected. Wireless Operator. Dealing with the conduct of the ship's wireless operator. Mr. L. A. Hudson, the judgment stated that the court was not prepared to accept the view that compliance with the regulations was a matter left to the discretion of the wireless officer. It was his duty to carry out the instructions of the master of the ship, but in doing so he should comply with the regulations upon distress procedure. It was nly fair to the wireless officer to say that in the present case no ill result followed his failure to send out the'alarm signal preceding the distress call and message. The court had apparently no jurisdiction over the certificates of wireiess officers, but in any event it did not recommend, in all the circumstances of the case, that the officer's certificate should be prejudicially affec^d.

The court seated that there was no doubt the vessel stranded on one of the rocks in the neighbourhood of Tom's Rock. The real question for consideration was whether at 6.2 a.m., when he saw land which he concluded would be Taurakirae, V. ■ master was justified in proceeding as he did and should be entitled to be exonerated from all blame. The court, however, was unable to say that was the position. Off her Course. The conclusion by the master and the chief jfficer that the headland they saw was Taurakirae was quite intelligible. That was the land they expected to see. Nevertheless the vessel was three miles off her assumed course and further than that off the course set, and the court was of the opinion that the master was not ji.jtified on his view merely of what i.iust have been only a part of the'headL.nd in the poor visibility that obtained at the time and, having regard to the possible vagaries of the tides in Cook Strait, of which ever:' mariner knew, in cam...g to the absolute conclusion that the land he saw was Taurakirae Head and in acting upon that conclusion by proceeding at a speed of 16 knots an hour.

Even ;.'; an earlier stage, namely 5.35 a.m., when the master came on deck, the court was of the opinion that he should i in the conditions that existed have taken ! way off his ship and obtained a bearing ! to check his estimation of the position. | Seeing that that was not done, the conditions at 6.2 a.m.. when the headland was sighted, called for special caution, and the ship should have been stopped j until the general conditions improved to ■ such an extent as to enable the master j to locate his position with absolute cerj tainty or until he had r.t least obtained j a bearing in order to check his assumed I position. ; No Doubt of Honesty, j Referring to three bearings which j were subsequently obtained from the I Tinakori Hill station after the vessel got off the rocks, the court said it was not j until they were received that the master ! knew the ship was in the vicinity of Sini clair Head and not, as he thought, of I Taurakirae Head. j There was no doubt of the honesty of j the master and the chief officer when i they said that the land they saw they i concluded to be Taurakirae Head. The j court, however, was forced to the con- ! elusion that visibility was so bad as to | require more caution than was dis- | played. The master expected to see Taurakirae | and concluded that was the headland he j did see, Though his conclusion was naln- ' ral enough it should in circumstances j that existed have been verified before : the vessel, was allowed to proceed fur- ! tier on a lfi knot voyage.

j The court made an order for the reJ turn of the captain's certificate and the j certificate of the wireless operator. The Chief Justice said he had not made ! any order for costs because the proceedj ings were not of Canlain Cameron's j seeking, but it appeared U him that Mr. j P. B. Cooke (counsel for Caotain CVnj eron) might want to challenge the judgj ment of the court regarding its jurisdic-