In the trial of the two RSN Officers, is the Public Prosecutor
interested in justice based on facts or based on assumptions from
20/20 hindsight ?
In the grilling of the expert witness for the Defense, the manner
of grilling by the Public Prosecutor solicited a strong pertinent
reply from the expert witness, as stated in the Straits Times -
Wednesday, 14 January 2004:
Capt Third said his role was to determine the cause of the
collision and, in his view, the two navy officers had not caused
it. 'I've never
really regarded what they did not do, but I have been looking and
focusing my attention on what they did do.'
Ship collision trial: Prosecution
grills expert
By Ben Nadarajan
THE prosecution in the trial of two navy officers charged with
negligently causing a collision on Jan 3 last year reminded a
defence witness yesterday that his duty was to the court, not to
his 'paymasters'.
Attacking Captain John Third's conclusion that it was the actions
of the container vessel ANL Indonesia which caused the collision
with the navy ship RSS Courageous, the prosecutors tried to
undermine the master mariner's credibility.
Deputy Public Prosector Hamidul Haq first said that Capt Third had
not sailed for more than 20 years and that he had never been in
command of a ship like the ANL Indonesia. But Capt Third pointed
out that he had been investigating ship collisions for more than 20
years and that he was very familiar with how container ships
operated.
DPP Hamidul suggested Capt Third's testimony was biased: 'You have
offered your services as an expert in court for a fee to any client
that wishes to engage your services and to present a case for
them.'
Capt Third, a partner of marine surveyor Brookes Bell Jarrett
Kirman Marine Consultants in London, retorted: 'No, if that was the
way I conduct my business, I probably wouldn't have a
business.'
When the DPP pursued this line of questioning and again said Capt
Third was testifying as 'part of a business exercise', the witness
said: 'Yes, it is an essential component of living that one has to
earn money.'
DPP Hamidul then said it was very strange that in his expert
reports, Capt Third had not found any fault with the navy vessel,
but for a 'one-liner' saying that the Courageous had breached the
rules by going against the flow of traffic.
He asked: 'So you are saying the Courageous did everything by the
book and did not break any rule and norms of good
seamanship?'
Capt Third said his role was to determine the cause of the
collision and, in his view, the two navy officers had not caused
it. 'I've never really regarded what they did not do, but I have
been looking and focusing my attention on what they did do.'
The cross-examination continues today.