The first witness to take the stand yesterday, former Chief Mate on board the M/V United Star, 26-year-old Iphan Finley told the Commission that the 174ft barge departed the capital around 2:30am Friday, August 1 with only one licensed captain on board, Captain Rodney Miller.
Mr. Finley, a licensed officer himself, explained that he was unable to make the fateful voyage as he had a private engagement to attend to.
However, Mr. Finley told lead counsel Cheryl Grant-Bethel that it was when he heard news of the boating accident early August 2, that he called Captain Miller, who admitted that he was asleep at the time of the accident.
“We were supposed to have been going to Rum Cay 6am that morning, so I called him to find out exactly what had happened, ” he said. “And he told me that Desnal Hanna took the boat in reverse then hollered out his name. The Captain said if I was there, this accident would not have happened and that he would talk to me when he got to Nassau.”
Mr. Hanna had only the Standards of Training and Competency and Watch keeping (STCW) certification, which does not include familiarity with the “rules of the road” but simply what to do after a collision.
The law requires that a competent and certified officer be on the bridge at all times.
Mr. Finley further admitted that once back in the capital, Captain Miller suggested altering the United Star’s log book to reflect both their names as the licensed officers on board the vessel during the collision.
It was a suggestion, Mr. Finley said he refused.
The former Chief Mate was later instructed to take up a post on the United Star’s sister vessel, the United Spirit, another proposition he reportedly rejected.
But United Star attorney, Kendal Wright suggested to the Commission that it was only after Mr. Finley had gotten angry about the proposal to be transferred that he opted to make this shocking statement on the incident, at least a month after the accident occurred.
According to Mr. Finley however, the delay came as a direct result of his being away to school during that time.
Mr. Finley’s testimony was similar to what Assistant Port Controller Cyril Roker later revealed.
During his investigations, Mr. Roker said Mr. Hanna admitted being given orders to simply “keep his course,” considering a target was in sight on the vessel’s radar 10 miles out.
Mr. Hanna also reportedly acknowledged that while he heeded Captain Miller’s advice, the vessel suddenly turned and there was nothing he could have done.
“He said it appeared that a black image was coming towards them and the next thing he felt and heard was a collision,” Mr. Roker recounted.
Captain Miller, who went to bed shortly after 10pm, was scheduled to take control of the ship’s helm at 2am, according to Mr. Roker.
Meanwhile, the Assistant Port Controller also testified that Sea Hauler captain, Allan Russell was not at his post during the accident.
“Captain Russell said shortly after he gave the wheel to his crewmember, he went to the bathroom for two to three minutes before hearing the collision,” recalled Mr. Roker.
“At the time he said he brought the vessel to a complete stop and asked his engineer to assess the damage in the Engine Room to see if they had taken in any water. He said he also instructed his other crewmembers to see what was taking place at the stern.
He then decided to send out a distress signal.”
Captain Russell also allegedly saw nothing in his radar at the time he left for the bathroom, although he noticed that the “Captain Moxey” vessel was several miles south of him.
But according to Mr. Roker, an experienced mariner, the captains should have been able to see “something on the horizon” from an estimated eight to 10 miles ahead. Such distance, he noted would translate into the vessels closing in on each other between 12 and 15 minutes. This, he said, taking into account that they were traveling at a speed of 10 knots per hour.
The Sea Hauler was reportedly traveling at 12 knots per hour. The United Star meanwhile, recorded a speed of between nine and nine and a half knots per hour.
Both the speed and the distance, Mr. Roker said offered the captains time to take “corrective measures.”
But neither Captain Russell nor Miller reportedly adhered to the proper procedure of radioing each other in such instances. This would be done to determine another vessel’s intentions.
During cross examination however, Sea Hauler attorney, Damien Gomez indicated that that there were conflicting reports of what the Assistant Port Controller revealed on the stand and what he disclosed during the preliminary inquiry.
“For instance, the evidence so far is that Captain Miller told Mr. Roker that he retired at 10pm and upon his retiring to bed, he noticed something on the radar screen and gave instructions,” Mr. Gomez said.
“But, the documents which have been supplied to me indicate that Captain Miller retired at 10pm and returned at 1am when he saw on the radar a target andgave his instructions and retired and about 1:30 was awaken by Mr. Hanna. So, there is a significant difference between what is being said to Mr. Roker during an interview and under oath.”
By Macushla N. Pinder, The Bahama Journal
