Aussie expert on Court of Inquiry into HMNZS Manawanui sinking

11/10/2024 Posted by Brian Hartigan 904 Views 0 Comments HMNZS Manawanui

New Zealand Defence Force has announced details of its Court of Inquiry (CoI) into the sinking of HMNZS Manawanui in Samoa.

FILE PHOTO (2019): The future Royal New Zealand Navy dive and hydrographic vessel at Devonport Naval Base. Photo by Mike Millett, AirflowNZ.

The dive and hydrographic ship struck a reef south of Upolu on Saturday 5 October, with all 75 people aboard successfully rescued.

Chief of the New Zealand Navy Rear Admiral Garin Golding has directed the assembly of a CoI into the sinking of HMNZS Manawanui and has appointed Commodore Melissa Ross as the president.

Also on the CoI will be Australian Navy Captain Dean Battilana, a specialist hydrographic officer who has commanded multiple ships and has expertise in operations, ship driving and hydrography.

He was also involved in the recovery efforts in response to the reef crash of USMC Osprey in Australia in 2017.

Also on the CoI panel will be two senior New Zealand military officers – Navy Captain Andrew Mahoney, the commissioning Captain of HMNZS Manawanui, and Group Captain John McWilliam from the Royal New Zealand Air Force.

Counsel assisting the CoI will be Commander Jonathan Rowe, who is a barrister and solicitor of the High Court.

The CoI will assembles today.

CoIs are set up to establish the facts of an incident and any circumstances leading to it to allow the NZDF to identify possible improvements or changes for the future.

Terms of reference direct the CoI to collect and record evidence and report on the sequence of events leading up to the loss of the ship, the cause of the grounding and subsequent sinking, and details on notification procedures, injuries sustained and any environmental damage.

The CoI has also been directed to consider any organisational aspects relevant to the loss, and the material state of Manawanui before the grounding.

Courts of Inquiry into significant matters may be subject to an external legal review to provide independent assurance of their procedure and conclusions, with external legal reviews conducted by independent King’s Counsel or other senior barristers.

In this case, it has been determined that an external legal review will be conducted by a King’s Counsel.

Rear Admiral Golding said that given the high level of public interest in this matter and with transparency at front of mind, he would make the CoI Report publicly available to the maximum extent possible consistent with the Privacy Act and his obligations to uphold national security.

“I have directed the Court to provide me with an interim report on specific areas by mid-November, and then to provide regular updates on the progress of their inquiry from there,” Rear Admiral Golding said.

CoI members:

Commodore Melissa Ross

Commodore Melissa Ross (Ngāpuhi) joined the Royal New Zealand Navy (RNZN) in 1993 as a Marine Engineering Officer. She was one of the first women in the RNZN to go to sea on an operational warship. Commodore Ross has previously held the position of Deputy Chief of Navy and Commander Logistics. She is appointed to the COI as the President.

Group Captain John McWilliam

Group Captain John McWilliam joined the RNZAF in 1975 as a pilot. Throughout his career he has flown helicopters and been a flying instructor. He departed the RNZAF in 1995 to pursue a civilian career and was a test pilot during this period. He returned to the RNZAF in 2010 and established the role of the NZDF Operating Airworthiness Operator. GPCAPT McWilliam is a deep expert in the airworthiness arena and will bring that expertise to the Court.

Captain Andy Mahoney

Captain Andy Mahoney joined the Royal Navy (RN) in 1996. He transferred to the RNZN in 2016. He is a Principal Warfare Officer who has served on ships in both the RN and the RNZN. He was the commissioning Captain of the HMNZS Manawanui. Captain Mahoney has operated across a wide range of navies and agencies globally. He will bring decades of ship operations knowledge to the Court.

Captain Dean Battilana

Captain Dean Battilana joined the Royal Australian Navy in 1996 and specialised as a Hydrographic Officer. Captain Battilana has commanded multiple ships with deep expertise in operations, ship driving and hydrography. He brings a wealth of experience in the hydrographic trade to the investigation as well as his experience from his work as part of the recovery efforts in response to the 2017 USMC OSPREY crash in Australia.

Commander Jonathan Rowe

Commander Jonathan Rowe joined the RNZN in 2014 and is a Barrister and Solicitor of the High Court. He has held roles at the tactical, operational and strategic level within the NZDF and has deployed operationally to the Middle East and Asia in roles both ashore and at sea. He has been involved in numerous NZDF Courts of Inquiry as well as external inquiries. He brings a wealth of legal experience to the Court.

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