Prosecuting ship masters pointless, says lawyer

A lawyer representing three men charged by Maritime New Zealand for dangerous shipping practices doesn't know what purpose prosecuting them will serve.

Bluebridge ferry master David Birchall appeared in the Wellington District Court on Wednesday on charges relating to an incident where the Santa Regina came within metres of running into rocks at the Tory Channel entrance on June 9.

Maritime NZ is also charging a master and second mate of the Interislander ferry Aratere after it nearly collided with the Bow de Jin, a tanker thought to be carrying flammable material, in Wellington Harbour last April.

David Curd, master, and John Champion, mate, have each been charged with breaching seven maritime offences regulations.

Merchant Service Guild lawyer Helen McAra said yesterday she did not know what purpose the prosecution would serve.

"It hasn't happened in the past - it's my understanding that it is the first time it [prosecuting a ship's master] has gone that far."

Mrs McAra said charging the men may deter other people from reporting similar incidents.

"If people think that their actions will be under scrutiny later and they might be liable for a criminal offence, it could have that effect."

A Transport Accident Investigation Commission report released yesterday found that the Bluebridge ferry, with 32 crew and 57 passengers on board, had entered Cook Strait from the Tory Channel on auto-pilot about 8.10pm when the ship left the designated course, leading it perilously close to grounding on rocks off East Head.

The ferry was not damaged and maritime authorities were not told of the incident until four days later.

Maritime NZ imposed a 14-day suspension on the master the day after it was reported.

The commission's report cannot be used in the prosecution.

Birchall was charged with failing to notify Maritime NZ that he had been involved in an incident as soon as practicable, operating the Santa Regina in a manner causing unnecessary danger or risk to property, and operating the ferry in a manner causing unnecessary danger or risk to other people.

The matter was adjourned until March 8 when a plea will be entered.

Curd and Champion are facing charges relating to the failure to ensure the vessel was navigated in accordance with:

* Keeping a proper lookout.
* Safe speed.
* Risk of collision.
* Action to avoid collision.
* Narrow channels.
* Crossing situations.
* Action by give-way vessels.

The matter has been adjourned until a status hearing on February 14.

Curd and Champion are defending their respective charges.

- NZPA