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Sydneytohobart.Pdf ACKNOWLEDGMENT In this State it is physically impossible for a Coroner to carry out an investigation alone. This particular investigation was complex and lengthy. The normal investigators for the Coroner are members of the NSW Police Service and in this case the investigation on my behalf was carried on by a Detective Senior Constable of Police from Bega and a Senior Constable of the NSW Water Police. Detective Senior Constable (now Detective Sergeant) Stewart Gray and Senior Constable David Upston of the NSW Police Service Water Police took to their task with enormous enthusiasm and made suggestions to me, and to Counsel Assisting which, I hope, made the inquest process far more meaningful than it would otherwise have been. I believe that those who were granted leave to appear at my bar table, to a person, have acknowledged that this investigation was of the highest calibre. I wish both officers well in their careers with the NSW Police Service, which can be justifiably proud of them. I would also like to thank Superintendent John Ambler, Local Area Commander of Far South Coast Local Area Command, to which Detective Sergeant Gray was then attached. He has made available the provision of resources so as to ensure that the work of investigators could be properly carried out. It is worth mentioning that the cost of much of the testing carried out was considerable (stability testing, "Business Post Naiad" alone, in the order of $109,000.00 of which $27,000.00 came from the Local Area Command and the balance from the NSW Police Service) and Mr. Ambler ensured that funds were provided so that it could all be done. In fact this investigation has cost the New South Wales Police Service well over $200,000.00 to carry out. Senior Constable Upston's Commanders, Acting Superintendent Gordon Wellings and Chief Inspector Graham O'Neill always ensured that he remained available to give his full attention to this investigation. 1 The brief of evidence, or most of it, took up approximately thirty large volumes. In order to facilitate the use of it by the interested parties, the NSW Police Service arranged for it to be copied onto CD Rom. The use of CD Rom will become more and more prevalent in the years to come and this pioneering work, I believe, made the handling of the brief by those using it, much simpler than it would otherwise have been. In this regard I must make special mention of Sergeant Colin Polley of the Information Training Unit, NSW Police Service and his team. Their "back room" work ensured that all interested parties had access to the brief of evidence via CD Rom. Since I concluded hearing the evidence, they have placed on CD Rom all transcripts and exhibits, surely a "first". Those who purchase this decision will also purchase the CD Rom, and will thus be able to look not only at my decision but the transcript of proceedings, the brief of evidence and the exhibits. They will therefore be properly able to analyse the decision - agree or disagree with aspects of it, if you will. A number of lawyers appeared at inquest each day and others less frequently. Without exception they have understood that the inquisition is a fact finding mission (a concept not always appreciated by lawyers). They approached their task with their clients' interests firmly in view but otherwise were generally of assistance to me and those assisting me. This complex matter ran surprisingly smoothly. Finally, I must take the opportunity of thanking my own team. Counsel Assisting me, Mr. Alun Hill showed, not only that he possesses an enviable knowledge of maritime law and practice, but an ability as an advocate which has been of great benefit to the inquest process. In Mr. Mark Papallo, Barrister-at-Law, Alun had a worthy assistant who wholeheartedly attended to assisting the Coroner. I have worked before with Solicitor Pamela Lazzarini of the NSW Crown Solicitor's Office in a number of complex cases. Again Pam attended to the myriad duties of a Solicitor assisting a long inquest with patience and competence. This too was noticed by all involved in the inquest. I thank Pam and Michelle Swift (then a paralegal with the Crown Solicitor's Office) for their dedication to their work. 2 Ailsa McPherson proof read the decision for me and turned up errors which I had missed on a number of readings. My Court staff, Dawn Stratford, Melinda Flecknoe and the others regularly in Court, attended to their duties tirelessly. I thank them. 3 SUBMISSIONS RECEIVED Apart from those granted leave to appear at inquest, submissions were received from a wide range of interested citizens. Without exception, all letters and submissions have been read, digested and considered:- 1. Anonymous letter dated 31st December, 1998. 2. Anonymous letter (undated) received March 2000, re: Radio 2UE discussion. 3. BEER, Phillip re yacht design structurally unsound dated 13th March, 2000. 4. BELL, John, dated 30th December, 1998. 5. BRIGGS, Phillip, dated 1st July, 1999. 6. BUSH, Peter, dated 4th January, 1999: Terms of Reference of Review, 1998 SHYR. 7. CAMPBELL, Keith, dated 8th January, 1999. 8. CLEARY, Barry, Ocean Gas Services, dated 26th July, 2000. 9. CLIFT, Colin, weather forecasting, dated 26th March, 2000. 10. COLLINSON, Michael, dated 16th July, 1999, and report. 11. CUNNINGTON, Roger, dated 1st March, 1999. 12. DAVENPORT, P.R., enclosing copy of letter sent to CYCA re:- (a) Ultimate responsibility with race officials and sponsor; 4 (b) Design Rules and encourage more seaworthy yachts; and (c) Racing yachts being required to pass inside Montague Island. 13. DOCTORS, Associate Professor Lawrence J, Naval Architecture Program, University of New South Wales, dated 20th March, 2000. 14. FILOR, Captain, Inspector of Marine Accidents, dated 6th January, 1999. 15. FORD, LAWRENCE R., dated 11th March, 2000 re Float Pac Flotation system. 16. GEORGE, Captain C. (RN) to CYCA, plus appendices, dated 12th July, 1999. 17. GEORGE, Captain C. (RN) to BL McKeough dated 17th September, 1999. 18. GRAHAM, Cheryl J., enclosing article from Marine Meteorology by Larry Lawrence dated 3rd August, 2000. 19. HAMMOND, Richard, dated 20th August, 2000. 20. HARROP, Paul & Lynette, dated 26th August, 1999. 21. HESSEY, Peter, dated 5th July, 1999 enclosing letters to CYCA, Alan Jones and from Commonwealth Weather Bureau of Meteorology. 22. HOLLIER, William, Secretary to the Trustee of the Lighthouse Trust. 5 23. HOPPER, D.A., (Captain), dated 12th January, 1999. 24. JACKSON, Ronald, dated 26th April, 1999. 25. JOUBERT, Professor P.N., dated March 2000: seamanship, safety harness, weather, wind speed, wave size, hull strength requirements. 26. LINKLATER, R.M., dated 16th March, 1999. 27. LORD, Rear Admiral J.R., re "Young Endeavour", dated 23rd March, 2000. 28. McCRACKEN, Alby, of Para-anchors Australia, dated 18th August, 2000. 29. MAHER, John H., dated 25th March, 1999. 30. MAY, Roger, dated 19th April, 1999. 31. MURMAN, Christopher, Naval Architect, dated 8th August, 2000. 32. OTWAY, Dr. Neil, dated 5th January, 1999. 33. PAYNE, David, (Yacht designer) enclosing letter to Peter Bush: letters dated 14th March, 2000 and 18th April, 2000. 34. PURCELL, Richard, dated 24th February, 1999 and 3rd May, 1999. 35. RYVES, Carl, dated 19th May, 1999, enclosing article by David Payne: from Sydney International Boat Show Hull Stiffness: and from "Yachting World: Unfit for the Ocean" and other articles. 36. SCHLYDER, Kris, enclosing letter to CYCA, Prayers and excerpts from Holy Bible. 6 37. SMITH, Gary, dated 22nd March, 1999. 38. SMITH, Graham, dated 3rd June, 1999. 39. SPINNER, Ron, dated 12th March, 2000 enclosing letter to Peter Bush. 40. TAYLOR, Anne, dated 25th August, 1999. 41. TAYLOR, Kim, dated 21st October, 1999 and Report: "Racers Lose the Plot". 42. TRELOAR A.S. and HENDERSON, D.M., dated 8th August, 2000. 43. Tritech Technology Pty Limited and Holonomic International Technology Inc. 44. WALSH, Alan, life raft design, dated 5th April, 2000. 45. WATKINS, D.H., dated 30th July, 2000. 46. WRIGHT, Dr. Harley, dated 12th July, 2000. 47. AUSTRALIAN YACHTING FEDERATION, (MOONEY, Tony), dated 16th July, 2000 re safety harnesses and life rafts. 7 INTRODUCTION When I was first informed of the deaths of six yachtsmen competing in the 1998 Sydney to Hobart Yacht Race, I telephoned my counterparts, Graham Johnstone, the Victorian State Coroner and Ian Matterson, then the Coroner for Southern Tasmania. It was decided consensually that the six deaths would be reported to and dealt with by a Coroner of the State of New South Wales as the race originated in this State under the auspices of a NSW sporting club, the Cruising Yacht Club of Australia, Rushcutters Bay. Many if not most of the deceased were ordinarily resident in the State of New South Wales. There has been criticism in some quarters that the deaths were merely a series of sporting accidents and that no detailed treatment of them was therefore warranted. In this regard, as the deaths were, in five instances, not by way of natural cause, they had to be reported to the Coroner. Further, Section 22, Coroners Act 1980 provides:- "(1) The Coroner holding an inquest concerning the death or suspected death of a person shall, at its conclusion or termination, record in writing his findings ... as to whether the person died, and, if so - (a) his identity; (b) the date and place of his death; and (c) except in the case of an inquest continued or terminated under Section 19 or 21, the manner and cause of his death." Whilst, without going to inquest I may have been satisfied as to identity, time, place and even cause of death, an inquest had to take place to investigate the manner of death of these six yachtsmen.
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