THE MERCHANT SHIPPING ACT, 1894
REPORT OF COURT
(No. S. 409)
s.t. "Epine" O.N. 160860
In the matter of a Formal Investigation held at the Guildhall,
Kingston-upon-Hull, on the 15th and 16th days of September, 1948,
before J. V. Naisby, Esq., K.C., assisted by Captain J. W.
Grimston, R.D., R.N.R., Lieutenant Commander C. V. Groves, R.N.R.,
and Mr. G. H. Nicholson, M.I.M.E., into the circumstances attending
the stranding and total loss of the steam trawler "Epine" on the
13th of March, 1948, to the westward of Malariff Light, Iceland,
with the loss of fourteen members of her crew.
The Court, having carefully inquired into the circumstances
attending the above-mentioned shipping casualty, finds, for the
reasons stated in the Annex hereto, that the said loss was due to
the fault or default of the skipper, Alfred Loftis.
Dated this 17th day of September, 1948.
J. V. NAISBY, Judge.
We concur in the above Report,
| | JOHN WM. GRIMSTON | |
| | CHARLES V. GROVES | Assessors |
| | G. H. NICHOLSON | |
QUESTIONS AND ANSWERS.
The Court's answers to the questions submitted by the Ministry
of Transport are as follows:-
| Q. 1. | By whom was the "Epine" owned? |
| A. | The Premier Steam Fishing Company,
Limited. |
| Q. 2. | (a) | With what compasses was the "Epine"
supplied? |
| A. | Three. |
| | (b) | Where were they placed on board? |
| A. | One on a pole, one in the wheelhouse,
one spare in the skipper's berth. |
| Q. 3. | (a) | When were the compasses last adjusted
professionally? |
| A. | November, 1947. |
| | (b) | Were deviation cards then supplied? |
| A. | Yes. |
| | (c) | Was a deviation book kept? |
| A. | Yes. |
| Q. 4. | (a) | What sounding apparatus was carried on board the
"Epine" on her last voyage? |
| A. | One Marconi echometer. |
| | (b) | Was such sounding apparatus in working order on
the last voyage? |
| A. | Yes, when the voyage began. |
| Q. 5. | (a) | Was the "Epine" equipped with a wireless
transmitter? |
| A. | Yes. |
| | (b) | What was the type and range? |
| A. | T.G.Y.I.C. Range for telephone 400
miles, for telegraph 1,000 miles in good conditions. |
| | (c) | Was the wireless transmitter in working order at
the time of the casualty? |
| A. | Yes. |
| Q. 6. | What navigational aids were on board
the vessel other than sounding apparatus, and were such
navigational aids in working order on the last voyage? |
| A. | Wireless direction finder, wireless
transmitter and receiver, radio telephone and patent log; all the
foregoing were in working order. The vessel was also supplied with
adequate charts and sailing directions. |
| Q. 7. | What charts and publications relating
to navigation in the area where the s.t. "Epine" was lost were
supplied to the ship on the last voyage? |
| A. | An adequate supply. |
| Q. 8. | Was the s.t. "Epine" well found in
every respect and in good condition when she left Grimsby Docks on
the 1st of March, 1948? |
| A. | Yes. |
| Q. 9. | On what voyage was the s.t. "Epine"
lost? |
| A. | An Icelandic fishing voyage. |
| Q. 10. | What crew were carried on the s.t.
"Epine" on her last voyage? |
| A. | Nineteen hands all told. |
| Q. 11. | How many members of the crew lost
their lives in the casualty? |
| A. | Fourteen. |
| Q. 12. | How were the survivors saved? |
| A. | Four by breeches buoy, and one jumped
overboard and swam or was washed ashore |
| Q. 13. | From what port did the s.t. "Epine"
sail on her last voyage, and when? |
| A. | Grimsby. 1st March, 1948. |
| Q. 14. | Did the s.t. "Epine" take shelter in
Keflavik Bay on March 13th, 1948, and at what time? |
| A. | At midnight on 12th/13th March the
"Epine" was sheltering in Keflavik Bay. |
| Q. 15. | What were the conditions of wind,
weather, sea and visibility when the s.t. "Epine" sheltered in
Keflavik Bay? |
| A. | S.W. gale. No evidence as to state of
sea or visibility. |
| Q. 16. | (a) | After leaving Keflavik Bay on the 13th March,
1948, was Utskalar passed? |
| A. | Yes. |
| | (b) | If so, at what time and at what distance? |
| A. | No evidence. |
| Q. 17. | What course was set after leaving
Keflavik Bay? |
| A. | No reliable evidence. |
| Q. 18. | What were the conditions of wind,
weather, sea and visibility when passing Utskalar? |
| A. | Moderate to fresh, south-west wind. No
evidence as to visibility. |
| Q. 19. | Was the s.t. "Epine" engaged in
fishing during the afternoon of the 13th March, 1948? |
| A. | Yes. |
| Q. 20. | Is there sufficient evidence to fix
the positions where the trawl was shot and hauled? |
| A. | No. |
| Q. 21. | At what time did the skipper, A.
Loftis, decide to move in towards Utskalar? |
| A. | About 4.30 p.m. on the 13th of
March. |
| Q. 22. | When the trawl was hauled were three
watches organised? |
| A. | Yes. |
| Q. 23. | What were the conditions of wind,
weather, sea and visibility when the s.t. "Epine" commenced to
steam in towards Utskalar, and at what time on the 13th March,
1948, was it? |
| A. | Wind freshening. No evidence of the
state of the sea; visibility fairly good. 5.30 p.m. |
| Q. 24. | At what speed was the trawler steaming
in towards Utskalar? |
| A. | About nine knots. |
| Q. 25. | Did the skipper, A. Loftis, then
decide to steam to a position off Adalvik where the s.t. "Hargood"
was fishing? |
| A. | Yes. |
| Q. 26. | Did the skipper show this position on
the chart to the mate? At what time was this? |
| A. | No. |
| Q. 27. | At 19.25 hours on the 13th March, what
course was set, and at what speed was the s.t. "Epine" steaming?
Was the patent log set? |
| A. | Course set North by East, half East by
steering compass. Speed 9 to 9½, knots. The log was set. |
| Q. 28. | Did the skipper about this time take a
sounding by echometer? What reading did he get? |
| A. | Yes. About seventy fathoms. |
| Q. 29 | (a) | Did the skipper then go below leaving the mate and
the deck hand on watch? |
| A. | Yes. |
| | (b) | What instructions did the skipper give about being
called to the bridge? |
| A. | That he was to be called if the
weather deteriorated, if there were any snow storms, if any vessels
or lights were seen, and when the patent log read 40. |
| Q. 30. | During the next hour did the mate take
two soundings by echometer? What readings did he get? |
| A | Yes. Just over seventy fathoms. |
| Q.31. | (a) | At what time was the watch relieved? |
| A. | About 8.30 p.m. on March 13th. |
| | (b) | Was the new watch kept by two uncertificated deck
hands? |
| A. | Yes. |
| | (c) | What course was given to the two deck hands? |
| A. | N. by East half East. |
| | (d) | What instructions were given to the two deck
hands? |
| A. | In addition to the course, that the
skipper was to be called if the weather deteriorated, if there were
snow storms, if lights were seen, and when the log read 39. |
| Q. 32. | At what time did the mate go
below? |
| A. | About 9.10 p.m. |
| Q. 33. | When was the log next read and what
was the reading? |
| A. | The next reading of the log spoken to
was a reading of 37½ about 11.30 p.m. |
| Q. 34. | What were the conditions of wind,
weather, sea and visibility? |
| A. | At that time the wind was S.S.
Westerly a moderate gale, the weather and sea were rough. The
visibility was variable but to the northward was very much
reduced. |
| Q. 35. | (a) | Did the skipper call up from below to the bridge
asking if it was clear? |
| A. | Yes. Shortly after half-past
nine. |
| | (b) | What answer was he given?. |
| A. | Clear. |
| Q. 36. | At 21.30 hours did deck hand Yates
switch on the echometer? With what result? |
| A. | Yes. None. |
| Q. 37. | Were any lights observed? |
| A. | The lights of two vessels, one on the
port bow and the other on the starboard quarter, were seen. About
10.45 p.m. a glimpse or two of a light on the starboard bow was
observed. |
| Q. 38. | At 23.35 hours was the log read? What
was the reading? Was the skipper called? |
| A. | About this time yes. 39. Yes. |
| Q. 39. | At what time did the skipper come on
the bridge? |
| A. | Shortly after 23.35 hours. |
| Q. 40. | At what time did the s.t. "Epine" run
aground? |
| A. | About 23.50 hours. |
| Q. 41. | Did the ship immediately make water in
the engine room, and were all lights extinguished shortly after the
ship stranded? |
| A. | Yes. |
| Q. 42. | Was a distress message sent out on the
ship's wireless set and picked up by the s.t. "Spurs"? |
| A. | Before the 'Epine" sent out a distress
signal she was in communication by radio telephone with the
"Spurs", and reported that she was ashore and in distress. |
| Q. 43. | (a) | Were distress rockets fired? |
| | (b) | How many? |
| | (c) | Was a fire lighted? |
| A. | (a) | Yes; (b) Six. (c) Yes. |
| Q. 44. | Did an Icelandic motor boat arrive in
the vicinity? |
| A. | Yes. |
| Q. 45. | Did weather conditions make a sea
rescue impossible? |
| A. | Yes. |
| Q. 46. | Did a shore rescue party arrive
overland and finally rescue four members of the crew by breeches
buoy? |
| A. | Yes. |
| Q. 47. | Did one member of the crew reach the
shore alive after jumping overboard in a life jacket? |
| A. | Yes. |
| Q. 48. | Was it wrong to have left the
navigation of the s.t. "Epine" from 20.45 to 22.40 hours on the
13th March, 1948, to two uncertificated deck hands? |
| A. | Yes. |
| Q. 49. | Was the loss of the s.t. "Epine" and
fourteen lives caused or contributed to by the wrongful act or
default of the late skipper, A. Loftis? |
| A. | Yes. |
ANNEX TO THE REPORT.
At this Inquiry, Mr. S. E. Pitts appeared for the Minister of
Transport, Mr. H. S. Bloomer (Messrs. H. K. and H. S. Bloomer, of
Grimsby), appeared for the owners and underwriters of the "Epine.'
Mr. Edward Terrell, instructed by Messrs. Arthur Pyke and Company,
of 24, Lincoln's Inn Fields, London, W.C.2, appeared for the widows
of two deceased members of the crew, Mrs. M. Birch and Mrs.
Dracup.
The steam trawler "Epine" was a single screw single deck vessel
built of steel in 1929 She was owned by the Premier Steam Fishing
Company, Limited, of Grimsby. Gross tonnage 357.55. Length 140.3
feet.
She carried the necessary lifesaving appliances including a life
boat, all of which were appropriate to a vessel of her size and
class and were in good order, and in accordance with the
regulations.
She was fitted with wireless telephony and telegraphy, including
a direction finder, and was equipped with a Marconi echometer.
She sailed from Grimsby on the 1st March, 1948, for a fishing
voyage to the Icelandic fishing grounds, manned by a crew of
nineteen hands all told. Her fishing voyage had been somewhat
interrupted by weather, but on the 13th March she was fishing some
forty miles or more to the westward of Hvalsnes, on the West coast
of Iceland, in about 90 fathoms. Fishing was bad, and her skipper
decided to put into Keflavik Bay, and accordingly about 5.30 p.m. a
course of East South East was set, and the vessel proceeded towards
the land at easy full speed making about nine knots. About 6.50
p.m. the engines were stopped, and the skipper had a conversation
by radio telephone with the skipper of the steam trawler "Hargood'.
The "Hargood", which was fishing off Adalvik, reported better
weather and good fishing.
The skipper of the "Epine" accordingly decided to proceed to the
fishing grounds off Adalvik, and about 7.25 p.m. set a course of
North by East half East by steering compass, and the vessel
proceeded at easy full speed ahead making nine to nine and a half
knots through the water.
The watch on duty at this time consisted of the mate and one
deck hand. There was a fresh South-West wind, and visibility was
about five miles. Shortly afterwards the skipper told the mate that
he was going to turn in, and gave the mate instructions that he was
to be called if the weather deteriorated, if there were any snow
storms, if any vessels or lights were seen, or when the log reading
was 40. The log had been streamed and set at zero, about 7.25
p.m.
The mate reminded the skipper that he was due to go off watch at
8.30 p.m., and the skipper instructed the mate to let him know when
he (the mate) went off watch. At 8.30 p.m. the watch was relieved,
the new watch on deck consisting of two deck hands- Yates and Maul.
The instructions as to calling the skipper were in substance passed
on, except that Yates was told to call the skipper when the log
read 39, and not 40. The mate had a reading taken of the log about
8.45 p.m., and it was ascertained that eleven and a half miles had
been covered in the last hour and twenty minutes. The mate told
Yates that he estimated that the log would be reading 39 some-where
about 11.30 p.m. The mate told the skipper that the watch had been
changed, and the skipper told him to go below and said that he
would be coming up in a few minutes. Before going off watch, the
mate had twice taken a sounding by echometer and on each occasion
got a depth of slightly over seventy fathoms.
The mate turned in about 9.10 p.m., but the skipper did not come
on to the bridge and the vessel was left in charge of two
deckhands. The mate stated in evidence that when he reported to the
skipper the latter was seated on the settee in his berth reading a
book. Shortly after 9.30 p.m. the skipper shouted up to the
wheelhouse and asked what the weather was like and was told it was
clear. Yates also reported that he had seen a ship on the port bow.
He stated in evidence that he had also seen a vessel on the
starboard quarter. According to Yates the course of North by East
half East was steered and the only other incident of note during
the earlier part of the watch was an attempt by Yates to take an
echometer sounding. Yates stated in evidence that he switched on
the echometer and got no reading. He was not perturbed by this as
he thought that the echometer had been put on charge.
The evidence seems to negative the echometer having been put on
charge, and whether the instrument really failed seems to the Court
to be a matter of doubt. We accept the evidence that the echometer
had worked well up to 8.30 p.m. that night.
About 10.45 p.m. the two deckhands got a glimpse of a light
about 21/2 points on the starboard bow, but were unable to
ascertain whether it was a ship's light, a buoy light, or a shore
light. The visibility was restricted. There were snow showers at
times, and the light was not reported at the time because the
deckhands did not know what it was. About 11.35 p.m. the log
reading was 39 and this was reported to the skipper who came on the
bridge very shortly afterwards.
Upon the arrival of the skipper on the bridge he was told about
the light on the starboard bow, and the skipper endeavoured to
locate it with the aid of glasses but apparently without success.
About 11.50 p.m. the "Epine" struck the rocks a little to the
westward of Malariff Light without anyone on board of her realising
that she was in dangerous proximity to the land.
At the time of the stranding the wind was a moderate gale with a
rough sea and the vessel pounded heavily and took a heavy list to
starboard. Water began to enter the vessel in large quantities and
in less than ten minutes after she struck the water in the engine
room reached the dynamo and extinguished the lights. The crew came
out on deck and with one exception were wearing their life-jackets.
The skipper gave this man his own life-jacket. Seas were sweeping
the deck and the lifeboat was found to be stove in. In the opinion
of the Court it is almost certain that had it been possible to
launch the lifeboat it would immediately have been dashed to pieces
on the rocks, and no attempt at rescue from seaward was feasible.
Some of the crew were washed overboard but others managed to climb
into the rigging after firing six distress rockets, and lighting
one fire on top of the wheelhouse and another on the whaleback. The
wireless operator who seems to have stuck to his post and done his
duty with commendable fortitude got into touch by radio telephone
with the steam trawler "Spurs", and also sent out a distress
message. Shortly after the ship struck, Malariff Light was seen at
times about on the starboard beam. The place where the vessel
stranded was rocky with high cliffs but with a small beach at their
foot. After some time a light was seen ashore first on the top of
the cliffs and later on the beach. Attempts to establish
communication with the shore by Morse lamp were unsuccessful and it
seems that those on board the "Epine" decided that the best thing
to do was to await daylight. Meantime, the wind increased to about
Force 9 with a corresponding increase in the sea and some of those
in the rigging of the trawler were overcome by exhaustion. Shortly
after day-light the Icelandic rescue party ashore succeeded in
getting a rocket with line attached on to the wreck which was
finally secured by those on board the trawler and four members of
the crew were taken ashore in the breeches buoy. One other member
of the crew of the "Epine" got ashore by jumping overboard and
swimming or being washed ashore, but the remaining 14 hands had
already perished either by drowning or exposure.
The evidence establishes that the whole of the navigation of the
"Epine" was in the hands of her skipper and that he alone had
access to the charts/carried by the vessel. In these circumstances
no one other than the skipper was normally able to say where the
vessel was, and as the skipper unfortunately lost his life the
Court is unable to find where the vessel was when the course of N.
by E. half E. was set. This attitude on the part of the skipper,
which it is feared is far too frequent in trawlers, is one which
the Court feels is to be deprecated and cannot be too strongly
condemned. However many certificated officers a trawler may carry,
and however competent and attentive to their duties they may be,
they cannot be in a position properly to undertake the navigation
of a vessel during their watch unless they are provided with the
necessary information and facilities.
The practice of leaving the watch in charge of a deck hand is
one which has already incurred the strongest disapprobation of a
Court of Inquiry, and in the opinion of this Court is a serious
breach of duty. It is high time that the fishing community
recognised the serious jeopardy in which lives and property are
placed in consequence of the continuance of this practice. This
case is an unfortunate instance which only too clearly emphasises
the necessity for a qualified officer provided with full
information and facilities being in charge of the navigation.
The skipper was unfortunately one of those who lost their lives
as a result of the casualty and the Court is naturally loath to
impute blame to him when he has had no opportunity either of giving
evidence as to the facts or offering any explanations in his own
defence. We are, however, reluctantly driven to the conclusion that
the cause of the stranding was an error in the navigation of the
vessel for which the skipper was alone responsible, and that this
error was most probably in the fixing of his point of
departure.
The area around the place of the stranding is one in which it is
well-known that there may be abnormal magnetic disturbance. How
far, if at all, the compasses of the "Epine" were affected the
Court is unable to say, but the known possibility of this magnetic
disturbance made it even more necessary that navigatiou should not
be left to a deckhand even had be been instructed as to his
position and supplied with a chart.
The "Epine" was supplied with a pair of glasses of the type
usually supplied to trawlers and often to merchant vessels. It was
pressed by Mr. Terrell that the vessel ought to have been supplied
with a pair of prismatic might glasses, and that the failure to do
so was negligence on the part of the owners. He also submitted that
the provision of such night glasses might have avoided the
casualty. The glasses supplied were for day and night work and, in
the opinion of the Court though no doubt night glasses are better
suited for night work it cannot be said that it was negligent not
to provide them. Moreover, in the opinion of the Court the
visibility was much less than those on the "Epine" realised, and
the use of night glasses would not have aboided this casualty. In
the opinion of the Court the "Epine" was well found in every
respect and the failure of one member of the crew to appear on deck
without a life-jacket was not due to a shortage. There were on
board more life-jackets than crew.
This was another stranding of a British vessel where yeoman
service was rendered by an Icelandic rescue party. The Court also
feels that it is proper to say that all the witnesses as to the
facts of the stranding gave their evidence well, and that that
evidence established that the conduct of not only the skipper and
wireless operator but of all members of the crew was in accord with
the high traditions of their calling.
J.V. NAISBY, Judge.
| | JOHN WM. GRIMSTON) | |
| | CHARLES V. GROVES | Assessors |
| | G. H. NICHOLSON | |
(Issued by the Ministry of Transport
in London, in November, 1948)
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