THE MERCHANT SHIPPING ACT, 1894
REPORT OF COURT
(No. S.417)
m.t. "Milford Viscount" O.N. 165644
In the matter of a Formal Investigation held at the Town Hall,
Milford Haven, on the 27th, 28th, 29th and 30th days of November,
1950, before J. V. Naisby, Esq., K.C., assisted by J. Darkins,
Esq., G. H. Nicholson, Esq., M.I.M.E., and H. A. Lyndsay, Esq.,
B.Sc., M.I.N.A., into the circumstances attending the loss of the
motor trawler "Milford Viscount" with the loss of 13 (thirteen)
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 most
probably due to an exceptional combination of weather and sea
conditions.
Dated this 1st day of December, 1950.
J. V. Naisby, Judge.
We concur in the above Report,
| | J. Darkins | |
| | G. H. Nicholson | Assessors |
| | H. A. Lyndsay | |
ANNEX TO THE REPORT
At this Inquiry Mr. S. E. Pitts appeared for the Minister of
Transport, Mr. J. B. Hewson, instructed by Messrs. Price &
Kelway appeared for the owners and the designated manager of the
motor trawler "Milford Viscount", and Mr. R. D. Saunders, as agent
for Mr. W. H. Thompson appeared for the personal representatives of
the late Mr. Vernon Frederick Bouch, a member of the crew.
The "Milford Viscount" was a steel single screw motor trawler
built in 1947 and owned by the Milford Steam Trawling Co., Ltd. Her
gross tonnage was 313.61 and her length between perpendiculars 140
feet. She had four watertight and one oiltight traverse steel
bulkheads and was propelled by a Ruston Hornsby internal combustion
engine developing 750 brake horse power. Her official number was
165644.
The vessel was equipped with the necessary lifesaving appliances
which were rather more than are normally fitted on a vessel of her
type and class. They were in good order on the date of her
departure and in accordance with the regulations. She had a radio
telephone transmitter/receiver, one direction finder, and two Echo
sounding instruments all of which had been serviced and checked on
the day of departure. The compasses were also in order.
She sailed from Milford Haven about noon on the 29th March,
1950, bound for the fishing grounds to the west of the Republic of
Ireland, manned by a crew of 13 hands all told.
After calling at Castletown, Berehaven, for stores on the 30th
March, she proceeded to the proposed fishing grounds.
On the 1st April, when the trawler "Damito" was fishing in a
position about latitude 52° 30' N. and longtitude 12° 20' W., the
"Milford Viscount" was seen by the master of the "Damito" some six
or eight miles to the W.N.W. fishing and towing in a N.N.W.
direction. This is the last record of the "Milford Viscount" having
been seen.
On the 2nd April the "Milford Viscount" was in communication on
the radio telephone with the "Damito" and with the trawler "Milford
Duke" about 7.30 p.m. This is the last reliable information of the
"Milford Viscount" having been heard.
The radio conversations between the "Milford Viscount" on the
one hand and the "Damito" and the "Milford Duke" on the other were
substantially to the same effect, which was that the "Milford
Viscount" after fishing in a westerly direction had been compelled
to cease fishing by the weather and was "laid," that is, with
engines stopped, waiting for the weather to moderate. It is now
known that about this time a weather ship about 250 miles further
west was experiencing weather conditions of exceptional severity
with waves up to 32 feet in height and wind speeds of 37 knots.
This disturbance was moving easterly and might well have reached
the position of the "Milford Viscount" on the night of the 2nd
April, when she was most probably in an area in which, due to rapid
shoaling, very confused sea conditions are liable to occur. These
conditions are normally accentuated by a quick change of wind. On
the night of the 2nd April the wind did shift rapidly from the
W.S.W. to N.W., and the weather conditions became very severe.
In our opinion the "Milford Viscount" was most probably lost
owing to the exceptional combination of wind and sea conditions on
the night of the 2nd/3rd April, 1950.
The "Milford Viscount" was a well found vessel in charge of a
competent master and crew. The evidence was all to the effect that
she was well maintained. Her lifesaving equipment and boats were in
good order and condition, although boat drills had not been
regularly carried out, nor had her rockets, which were overdue for
renewal, been replaced. The stability of the vessel was normal and
adequate. The main engines and auxiliaries which had just been
surveyed were in good order.
In November, 1949, the vessel had proceeded to the same fishing
grounds, but before departure had almost completely filled her oil
fuel tanks with about 100 tons. This was somewhat exceptional, as
she usually carried about two-thirds of this quantity as being
sufficient for her ordinary voyage. On this occasion the vessel
while "laid" due to bad weather rolled rather heavily and to an
extent which alarmed her crew. Thereupon a deputation went to the
mate and asked to speak to the skipper to request him to return to
port, as it was assumed by the crew that the roll in question was
entirely due to the additional oil fuel. The skipper agreed, and
the vessel returned to Milford Haven, where some oil was
discharged, and thereafter the entire crew was prepared to proceed
again to sea in the vessel, and in fact, at the time of her loss,
nine of the thirteen on board in November were still serving on the
vessel. It has since been determined that in this condition of
loading the vessel had adequate stability.
The vessel was due to return to Milford Haven to land her catch
in time to supply the market on the 17th April. When by this date
she had not returned, other trawlers belonging to the same owners
were ordered to search for the missing vessel in the area around
her last known position, and on the 18th April a search of the area
was instituted by the Royal Air Force and all shipping warned by
radio. The Admiralty also assisted in the search. No trace of the
vessel was found, and on the 25th April it was decided that no
further good purpose would be served by continuing the broadcasts,
and the search was called off. This decision was reluctantly
announced in the evening newspapers and in the 6 o'clock news
bulletin of the B.B.C. Immediately thereafter a number of messages
purporting to be from the vessel began to come in from various
sources, and the search was re-instituted, in which up to 25
trawlers were soon busily engaged. A large area was also searched
by a United States Air Force stationed in the Arctic. All these
efforts proved to be entirely unavailing and the vessel was finally
given up for lost on the 5th May, 1950. Reports of messages said to
come from the "Milford Viscount" continued to be received up to the
9th May.
The Court is satisfied that all messages received were
adequately examined, and where possible suitable action initiated,
and considers it desirable that the valuable assistance of the
officials of the Telecommunications Section of the Post Office,
including the B.B.C., and the work of the many unofficial wireless
operators both afloat and ashore should be placed on record. In
this connection the concerted efforts of the owners of the "Milford
Viscount" and other vessels, the Air Force detachments of the
United States and this country and al who assisted in any way, are
highly appreciated.
The Court is further satisfied, after examination of all the
messages brought before it, that there is no reliable record of any
message from the ship after 19.30 hours on the 2nd April, 1950.
The Court recommends that consideration should be given to the
whole question of lifesaving appliances on fishing vessels with
particular reference to the regular inspection thereof.
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 "Milford Viscount" owned at the
time of her loss, and for how long had she been so owned? |
| A. | Milford Steam Trawling Co. Limited, The Docks, Milford Haven,
were the owners throughout the life of the vessel. The designated
manager was Mr. James Carpenter Ward. |
| Q. 2. | When and by whom was the "Milford Viscount" built? |
| A. | 1947. Cochrane & Sons, Limited., Selby. |
| Q. 3. | Did the "Milford Viscount," under the command of skipper
Alexander Smith, leave Milford Haven with a crew of thirteen all
told at noon on 29th March, 1950, bound for the fishing grounds to
the west of Eire? |
| A. | Yes. |
| Q. 4. | Was the "Milford Viscount" seaworthy when she left Milford
Haven on her last voyage, and was she properly manned and equipped
to meet the normal perils of a fishing voyage at that time of the
year? |
| A. | Yes. |
| Q. 5. | Did the "Milford Viscount" call at Castletown, Berehaven, for
fresh stores? |
| A. | Yes. |
| Q. 6. | On the 1st April, 1950, at approximately 13.35 G.M.T. was
skipper Saunders of the "Milford Duke," whilst in latitude 52° 30'
north by longitude 13° 20' west, in conversation with the skipper
of the "Milford Viscount" by radio telephone, and was the "Milford
Duke" at that time approximately 120 miles E.N.E. of the "Milford
Viscount"? |
| A. | Yes. |
| Q. 7. | What were the weather, wind and sea conditions, at the time
skipper Saunders was talking to the skipper of the "Milford
Viscount"? |
| A. | The conditions were becoming bad, but the "Milford Viscount"
was still able to fish. |
| Q. 8. | Did the weather thereafter deteriorate? |
| A. | Yes. |
| Q. 9. | On the 1st April, 1950, whilst fishing in a position latitude
52° 30' north by longitude 12° 20' west, was the trawler "Damito"
fishing in 200 fathoms, and did her skipper, Norman Brown, see the
"Milford Viscount" approximately six to eight miles to the W.N.W.
and towing in a N.N.W. direction? |
| A. | Yes. |
| Q. 10. | On Sunday the 2nd April was the "Damito" fishing in
approximately the same position, and was the "Milford Viscount"
still in sight? |
| A. | The "Damito" was in approximately the same position, but the
"Milford Viscount" was not seen. |
| Q. 11. | On the 2nd April, 1950, after dinner did skipper Brown of the
"Damito" have a conversation on the radio telephone with skipper
Smith of the "Milford Viscount"? |
| A. | Yes. |
| Q. 12. | What did skipper Smith tell skipper Brown of the "Damito" about
the conditions obtaining where the "Milford Viscount" then
was? |
| A. | Skipper Smith said he was "laid" and had ceased fishing, and
there was a strong breeze, and if the "Damito" were in the same
position as the "Milford Viscount" she would not be able to
fish. |
| Q. 13. | At the time of the conversation referred to in Question 12, was
the "Milford Viscount" able to fish, and was the "Damito" able to
fish? |
| A. | The "Damito" was, but the "Milford Viscount was not able to
fish. |
| Q. 14. | Did the weather still further deteriorate, and at what time on
what day did the "Damito" have to cease fishing? |
| A. | Yes, and about 11 p.m. on the 2nd April the "Damito" ceased
fishing. |
| Q. 15. | When did the weather moderate in the vicinity of the trawler
"Damito"? |
| A. | Probably within 36 hours. |
| Q. 16. | After skipper Saunders of the "Milford Duke" spoke to the
skipper of the "Milford Viscount" on 1st April, 1950, did he try on
a number of occasions during the next few days to contact the
"Milford Viscount" again by radio telephone, and was he at any time
successful? |
| A. | Yes, but he was not successful. |
| Q. 17. | Is there any authentic record of the "Milford Viscount" being
heard to send out any message or signal after the conversations her
skipper had with the skipper of the "Damito"? |
| A. | It would appear that skipper Saunders spoke to skipper Smith
immediately after the conclusion of the conversation referred to in
the question and received similar information to that given to
skipper Brown. Thereafter there is no reliable information of any
further contact with the "Milford Viscount." |
| Q. 18. | Was the trawler "Milford Viscount" known to have been seen at
any time after the skipper of the "Damito" saw her fishing about
seven or eight miles away from a position, latitude 52° 30' north
by longitude 12° 20' west on the 1st April, 1950? |
| A. | No. |
| Q. 19. | Was one of the "Milford Viscount's" lifebuoys found near Black
Rocks, Men's Strand, Ballybunion, Co. Kerry, Eire, at approximately
8.30 a.m. on the 16th of April, 1950, and were two of "Milford
Viscount's" lifebuoys found at Meenoghane Causeway, Co. Kerry,
Eire, at approximately 5 p.m. on the 22nd April? |
| A. | Yes. |
| Q. 20. | Apart from the lifebuoys referred to in Question 19, has any
wreckage or equipment from the "Milford Viscount" been found and
identified? |
| A. | Not so far as is known. |
| Q. 21. | Was the "Milford Viscount" posted as a missing vessel at
Lloyds, London, on the 24th May, 1950? |
| A. | Yes. |
| Q. 22. | Were the life saving appliances and light and sound signals
equipment of the "Milford Viscount" satisfactory and in working
order when she sailed on her last voyage? |
| A. | See Annex. |
| Q. 23. | Was the "Milford Viscount" fitted with a radio
transmitter/receiver of the radio telephone type in good working
order when she left Milford Haven on her last voyage? |
| A. | Yes. |
| Q. 24. | Was the late skipper of the "Milford Viscount" quite familiar
with the radio transmitter/receiver, and was the particular type
installed at his request just before leaving Milford Haven? |
| A. | Yes. |
| Q. 25. | Was "Milford Viscount's" radio transmitter/receiver working
properly at the times when the skippers of "Milford Duke" and
"Damito" reported having conversations with the skipper of the
"Milford Viscount" round about the 1st and 2nd days of April
1950? |
| A. | Yes. |
| Q. 26. | What were the normal ranges for daylight and darkness of the
"Milford Viscount's" radio transmitter/receiver? |
| A. | Daylight 150 miles; darkness up to 800/1,000 miles. |
| Q. 27. | When was the trawler "Milford Viscount" due back at Milford
Haven from her last fishing voyage? |
| A. | She was due to catch the market on the 17th April, 1950. |
| Q. 28. | What was the cause, or probable cause, of the loss of the motor
trawler "Milford Viscount"? |
| A. | The most probable cause of the loss was an exceptional
combination of weather and sea conditions. |
J. V. Naisby, Judge.
| | J. Darkins | |
| | G. H. Nicholson | Assessors. |
| | H. A. Lyndsay | |
(Issued by the Ministry of Transport in
London, in 1951).
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