Contrived ignorance

Our previous post revealed that, according to the Department for Transport, the only advice received by Mr Jim Fitzpatrick, the Transport Minister, in response to our complaint about the Gaul RFI, was the draft of his letter to the Shadow Transport Minister, as jotted down by some unnamed DfT officials.

Forgetting the candid Mr Fitzpatrick for a moment, we turn our attention again towards Mr Geoff Hoon, the Secretary of State for Transport, for it is Mr Hoon himself who is obliged under the provisions of the 1995 Merchant Shipping Act to order a re-hearing of the Gaul RFI, if it “appears” to him that there are “grounds for suspecting that a miscarriage of justice may have occurred”.

In his recent statement (see HERE) the Secretary of State for Transport asserted that there were “no grounds for suspecting that a miscarriage of justice may have occurred” during the Gaul RFI, although - as his own Department currently maintains - the grounds put forward by us have never been properly examined.
In fact, Mr Hoon made sure that no adequate technical counsel was obtained, lest the ‘grounds for suspecting a miscarriage of justice’ would become too ‘apparent’ to him, obliging him to re-open the case. (That is assuming he didn’t know the truth already.)
His contrived ignorance of the matter may also be seen as a precautionary measure taken with a view to escaping future liability: if ever brought to account, Mr Hoon must have reckoned, he would be able to claim lack of knowledge about the technical basis of our arguments.

Thus, like the drug courier who refrains from looking in his suitcase, Mr Hoon has avoided asking for expert advice, shielding his eyes from any unwanted knowledge.
As a lawyer, however, Mr Hoon can be no ingénue in such legal matters and should be aware that this is not how things work in the normal world. Courts are known to have decreed many times in the past that the ignorance-pleading smuggler should have known, and they may likewise, one day, decide that Mr Hoon should have asked.

(Related POST)

Draft advice

The latest answer from the Department for Transport to one of our FOI requests contains an attractive twist.

Our initial query concerned the source of the technical advice given to the Transport Minister, Mr Jim Fitzpatrick, in response to our criticisms of the Gaul RFI.

In response, the DfT informs us that the exclusive source of that ‘advice’, which Mr Fitzpatrick claimed to have received in his letter to the Shadow Minister for Transport, was nothing else but the very draft of that letter – i.e. the one in which he declared himself advised…?!

Génial!! The DfT reply may not be very informative, but, one must admit, it has a notable artistic value.

The common practice, as far as I am aware, given that there are no marine specialists within the Department itself, is to seek technical counsel from one of the DfT’s agencies: i.e. the MCA [1] or the MAIB [2]. The DfT, however, informs us that “no request for additional information was made by the Minister”.
So which officials within the DfT assessed the technical evidence we had provided?

Are we to assume that, perhaps, the Shadow Minister for Transport was corresponding, in fact, with one of Mr Fitzpatrick’s typists?
Is it not more likely that, as it nowadays happens, the Minister outlined his politics-driven decision and then asked the DfT civil servants to draft his response along those lines? Common sense and experience tell us that no official would make ministerial decisions in his place – especially when the issues at stake are both complex and sensitive.

Whatever the case, the statement in Mr Fitzpatrick’s letter: “I am advised that there is no reason to re-open the investigation” now looks as though it had been intended to mislead his Opposition counter-part into assuming that, maybe, a great assembly of experts and scholars had been drawn in to review and offer advice on our criticism of the Gaul RFI.

Put together in one piece, all the correspondence received so far from the DfT looks like a Möbius strip: however attentively you follow it, you will always end up on the opposite side without crossing any boundary – a loop that takes you without interruption from back to front and front to back, without giving you any sign or orientation.

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[1] Martime and Coastguard Agency

[2] Marine Accident Investigation Branch

Another bent thing and more damning evidence

If the evidence we have published so far may have presented “an ostensibly compelling case”, to use Mr Jim Fitzpatrick’s expression from a recent letter, the evidence we will be publishing from now on should provide the Minister for Transport with extra certainty. As, in the same letter, he claimed that the information we presented did not constitute the whole picture – a claim with which, for probably different reasons, we agree - we have decided to show you more of that ‘picture’.

In previous posts we have already argued that the RFI assessment, that the inner lids of the duff and offal chutes on the Gaul had been left open by the crew prior to the loss of the vessel, was unsound. The condition of the closing devices of the duff chute indicates that its inner cover was, in fact, closed when the tragedy struck.

We can now reveal that the split covers of the offal chute were also closed. The images below, captured from the 2002 underwater survey film footage, illustrate that the bar attached to one of the offal split covers, as their means of closure, was found in its place and deformed in a way consistent with it having undergone strong pressure from the underside.

This finding, which the RFI panel was aware of, supports the proposition that the inner lids of the duff and offal chutes on the Gaul had initially been closed by the crew, but were burst open by the force of the incoming waves, at the time of the loss.

We have also constructed a model of the offal chute and tested it against the effects of water pressure acting on the underside of its inner lids. We used this model to replicate the damage to the securing bar, as observed in the images from the wreck of the Gaul. The photo below shows the result.

More to come...

The Minister for Transport

In a recent letter sent by the Department for Transport, Mr Jim Fitzpatrick, the Minister for Shipping, rather than answering our specific questions, took his turn in restating the government’s belief in the results of 2004 Gaul Formal Investigation.

This time round, however, he also claimed that that there was some additional evidence in support of the RFI conclusions - evidence that has never been publicised, which, for some reason, he assumes that we have not yet seen, and which, if it is to be attached any credence, will need to defy the observable facts.
This material was not revealed during the two Gaul formal inquiries, nor did it come to the knowledge of the naval architect who, as an employee of the MCA, has carried out research into the loss of the Gaul since 2002. The DfT claim that they are in possession of this ‘elusive’ evidence, but, alas, … they are not showing it.

Having wondered for almost four years, how the RFI panel had derived their conclusions – whether they had come from esoteric knowledge or from some nebulous fluffs – we are now being told that, basically, it was on this undisclosed evidence that the RFI findings were based. Hmm! Why bother then going through such expensive formal proceedings if that was really the case?

Our curiosity stirred, we would have liked to challenge Mr Fitzpatrick to show us the proof. After all, formal investigations are meant to be public affairs (with disclosure of all relevant facts), held in the public interest.

The Minister, however, seemed unwilling, and, anxious to put a stop to any further questions, he gravely informed us about the wishes of the deceased: “the crew of the Gaul should now be left to rest in peace, undisturbed by the speculation created by their dramatic disappearance”. We must not awake the ghosts and revive the sorrows of the past.