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TRAN.026.0001 R COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II Before The Hon TRH Cole AO RFD QC Held at level 5, Commonwealth Law Courts Building, 1 Victoria Avenue, Perth Counsel Assisting: CMDR JT Rush RFD QC RANR LCDR PW Kerr RANR Counsel Representing: LCDR DH Katter RANR On Tuesday, 3 February 2009 at 9.33am (Day 26) .3/2/09 (26) 1693 Transcripl produced by Merrill Legal Solulions

COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

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Page 1: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

TRAN.026.0001 R

COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II

Before The Hon TRH Cole AO RFD QC

Held at level 5, Commonwealth Law Courts Building,1 Victoria Avenue, Perth

Counsel Assisting: CMDR JT Rush RFD QC RANRLCDR PW Kerr RANR

Counsel Representing: LCDR DH Katter RANR

On Tuesday, 3 February 2009 at 9.33am(Day 26)

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TRAN.026.0002 R

<EXAMINATION BY CMDR RUSH CONTINUING:

Again, I'm not being critical, but I do need to put thesematters to you. You relied on Mr Blythe's account, who wasa young boy on the Cape Otway?A. Yes.

CMDR RUSH: Q. I just want to finish off a couple ofmatters concerning Cape Otway. In your book, you refer tostatements of the daughters of the Cape Leveque lighthousekeeper which were made to Mr Ted King at page 190 of yourbook. Do you see in the third or fourth paragraph theparagraph commencing:

Another submission to my oral historyworkshop came from Ted King, who hadinterviewed the daughters of KempstonDavidson, the Cape Leveque lighthousekeeper. He, his wife Alma and fourchildren travelled on the Cape Otway onthat voyage. The two girls, Shirley andSue, did not hear anything about bodies,but, unlike King, I do not think thisnecessarily means the ship did not locatebodies.

[9.33am]

You are on your former oath.

Aged 11, didn't someone say?

Q.

Sir, I recall Mrs McDonald.

It was obvious from the comments of crewmembers in the other anecdotal stories thatthey only gave out information to ex-crewmembers, family or other lighthousekeepers. They also appeared to keep theinformation secret until later in the war.It is possible Davidson was told, but notsurprising that two girls aged 15 and 8were not informed. However, it was otherinformation in the King research thatattracted my attention.

<GLENYS EILEEN McDONALD, on former oath:

CMDR RUSH:

THE PRESIDENT:

THE PRESIDENT:A. Yes, sir.

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TRAN.026.0003 R

Q. If we can go to what the girls said, which is at

Q. I'm not saying that the recollection of the girls isspot-on at all. I'm just asking you why you would not paythe regard to this account of someone on the ship --A. I think I've answered that.

Q. But they also had a direct memory of the Captain ofthe ship coming to their father for assistance andtranslating a morse code message?A. A signal, yes.

Q. But that message asked Otway to go and search for adowned aircraft?A. No, it did not, not in the recollections of the girls.The recollection of the girls that you are saying is sospot-on is that the Cape Otway was directed to go and lookfor a lifeboat containing 40 sailors.

Q. I think Mrs McDonald said that he was

said I wasn't sure how old he was.

CMDR RUSH:aged 11.A. Yes, I

Q. A message that asked for them to go out and search forsomething?A. That's right. That in itself was unusual, because bythe time that the last lifeboat was picked up, theCape Otway was around Broome, so for the Cape Otway to bedirected to search for anything was very strange.

Q. You have tended to put these accounts of a 15-year-oldgirl and her younger sister into the background. I justdon't understand why you do that.A. It is probably quite subjective, but the issue withthe letter is that that young man was told information tohim. He was given information, which he recorded and wrotedown and provided to the wreck location seminar. So thatwas first-hand information.

With the girls, I felt that the fact that two younggirls were not present or did not see bodies being foundwas slightly different. Again, I raised yesterday thatthey could have been in their bunks asleep and nobody isgoing to come and tell two young girls, "We've just foundbodies." I was raising the hypothesis that it was notnecessarily unusual that they would not know, even if theywere on board.

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TRAN.026.0004 R

1 WAM.003.0040, this is the paper of Mr King and it was2 provided to the West Australian Maritime Museum. Perhaps3 it is worth going from the top:45 In November, 1941, Hr Davidson, the6 Cape Leveque Light-house Keeper and his7 family were aboard the Light-house Service8 Boat, the Cape Otway, on their way to9 Geraldton.

1011 Alma and Kempston had four children .. Joy12 aged 18, who celebrated her 18th Birthday13 aboard the Cape Otway. Shirley aged 15,14 Sue aged 8, and Hichael. Both Joy and15 Hichael have since passed away, leaving16 only Sue and Shirley to tell this story.17 The fo77owing are their Statements18 regarding the Cape Otway from two days out19 of Carnarvon to their destination being20 Geraldton. These Statements are very21 interesting as there is nothing official on22 the Cape Otway's i nvo 1vement in the days23 following the HHAS Sydney and the Kormoran24 engagement.2526 Statement from Hrs D Simonetti nee Shirley27 Davidson2829 Two days out of Carnarvon at about 9.30pm30 Captain Bateman came to our quarters and31 asked if Dad would come up and have a look32 at a Horse-code message they had received,33 as he couldn't make head nor tail of it.34 When Dad returned he said that the Cape35 Otway had been requested to pick up a36 life-boat at a given position with approx37 40 people on board. When they arrived at38 this position they could not locate the39 life-boat. After searching for some40 considerable time without success they41 continued on their way to Carnarvon. When42 they docked at Carnarvon they were told of43 the loss of HHAS Sydney and that the44 life-boat they had been requested to pick45 up had German survivors aboard from the46 Kormoran and that they had been picked up47 off the Coast .

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TRAN.026.0005 R

Shirley stated that regarding the Sydneyincident, this was the only event worth amention, furthermore there were no bodiessighted at all, and if there had been theywould certainly have known about it.

It is interesting to note that theCape Otway did not know of the loss of theSydney until they arrived in Carnarvon, orthat it was Germans in the life-boat theywere requested to pick up. One wouldquestion the message they were supposed tohave received asking them to search within5 NH of the coast for survivors. Was thatmessage sent after they had left Carnarvon?

Statement from Hrs S Richardson nee SueDavidson

In November, 1941 she was aboard the CapeOtway with her family sailing from CapeLeveque to Geraldton. Two days out ofCarnarvon they received a morse-codemessage requesting them to pick up alife-boat at a given portion with approx 40people aboard. On arrival at this givenposition they could not locate thelife-boat and after an unsuccessful searchthey continued on to Carnarvon.

Captain Bateman wasn't very pleased withthis request as he said his job wasmaintaining the lights, not rescuingpeople.

When they docked at Carnarvon they weretold that the life-boat they had beenrequested to pick up had German survivorsaboard from the Kormoran and that they hadbeen picked up off the coast.

The Cape Otway normally travelled close tothe Coast as most of the lights theyserviced were on the coast so it waspointless to sail out wide. They have tocome in to service a light.

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12 There was no sighting of bodies and there3 was never any mention of this, then or4 years later. The First Officer from the5 Cape Otway kept in touch from time to time6 over the years and not at any time when the7 conversation turned to this episode was8 there any mention of floating bodies.9

10 I take it that you had that material at the time you wrote11 your book?12 A. Yes, I did, and I referred to that material in my13 book. I referred to the fact that the girls said they14 didn't locate bodies. I also found it really strange that15 the Cape Otway would have been directed to the last16 lifeboat with what they thought were 40 Germans in it,17 which was picked up on 27 November, and at that stage the18 Cape Otway was between Broome and North West Cape.1920 Q. Is it your position that these girls on the ship and21 potentially some crew members on the ship Cape Otway could22 have been kept in ignorance of the sighting of bodies?23 A. I thought the whole oral history was quite confusing,24 because of the lifeboat pick-up requirement, and I thought25 that the girls of that age - 8 and 15 - might not be in a26 position to know.2728 THE PRESIDENT: Q. Did you consider the likelihood of29 those two sisters' two elder siblings and their parents30 mentioning the matter to them in the ensuing 30 or31 40 years, if in fact bodies had been sighted?32 A. That's a fair point, but some people kept confidences33 or kept things quiet. I would assume that if you had34 passengers on board, the only person I thought that might35 know would be the father, and if he had been asked to keep36 something in confidence, people honoured their word in37 those days, so they didn't blab about it.3839 Q. So you assumed that the gentleman's wife and the two40 elder children were not told by the father?41 A. I listed this story in my book in detail, saying that42 the girls had not seen any bodies.4344 Q. I understand that, but what I can't understand is why45 you rejected that evidence?46 A. I didn't reject it; I included it, but it still, with47 the weight of the other evidence that I had seen, indicated

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TRAN.026.0007 R

A. Where are you reading, sir?

Q. The way you put it in the book:

to me that the Cape Otway story needed much further work.

Q. "The family of a lighthouse keeper"?A. That was Jim Blythe.

It wasfrom,

The bottom of page 189.

Page 189.

Q.

Q. Who were the various ex-crew members of Sydney whoidentified their close link, apart from Mr Heazlewood?A. There was another one that I can't remember offhand,because I didn't come prepared for this questioning, andthat was in the Parliamentary Inquiry, but I would have togo back to that.

Q. It is not a person you included in your book?A. No, no. It was one of the Parliamentary Inquirysubmissions from an ex-crew member of Sydney, who told asimilar story to Heazlewood.

Q. What you say, if we go to page 189A. In assessing the rumour I listed some dot points.

In the case of the Cape Otway, theinformation has come from quite compellingsources:

Various ex-crew members of Sydney whoidentified their close link with Sydney tothe captain and first mate.

Q. And the other evidence was?A. We went through that yesterday, Commissioner.the story of Jack Heazlewood and it was the letterI think his name was Jim Blythe.

CMDR RUSH: Q. Perhaps if we go back to page 189, at thebottom of that page you set out some dot points in relationtoA. Where the rumour had come from.

THE PRESIDENT:

CMDR RUSH:A. Yes.

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TRAN.026.0008 R

Q. If you accept for the moment that the log shows thatthe person that Mr Blythe relied on - I think it wasTom Arcus - wasn't on the ship at the time of the sightingof bodies?A. No, but he could have relayed crew information, butI didn't know that detail at the time, no.

Q. "The fami 1y of a crew member of the Cape Otway" -Mr Kempston?A. Yes. "The family of the lighthouse keeper" - I wastalking about Blythe there.

Q. No," The fami 1y of a crew member of the Cape Otway"?A. Yesterday, you went through that and you proved thatthat was inaccurate. That was the gentleman who told methat his uncle had been a crew member on the Cape Otway andtold the family stories of the bodies.

Q. And "one or more signallers from another state"?A. That was the letter that we went through yesterdaythat

Q. You put "one or more". I appreciate that we have thePark Orchards --A. All right, I'm sorry, this research was four years agowhere I summarised it and I don't have my files in front ofme.

Q. But, Mrs McDonald, you haven't referred to any othersignal apart from the unidentified person who allegedlyreceived a signal at --A. If I remember rightly, that person alleged that therewere others present at the time who had heard it.

THE PRESIDENT: Q. If I could take you to the bottom ofpage 189, which you were just asked about, you said thatyou had a methodology for assessing the accuracy, if youlike, of oral histories. You set out four dot points, andwe have just been through those. You said that you gotinformation from what you call quite compelling sources,namely, four different sources; is that right?A. Yes. My methodology initiated with the Port Gregorysightings - that if one of the locals told me something,I never used it, I never put it forward in a paper untilI had heard the same information from two separateunrelated sources. What I am trying to say here is thatthere is a whole raft of rumours and people coming forward.

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TRAN.026.0009 R

Q. Yes, I understand that.A. And I was just listing that there was more than mycriteria of two. If I only had Jim Blythe's letter to saythat he was told that the Cape Otway found bodies, I wouldnever have got involved in the Cape Otway story.

Q. So you applied your methodology in relation todetermining whether or not you thought the Cape Otwayrumours had any substance?A. Yes, because of Jack Heazlewood, because ofJim Blythe's letter.

Q. You mentioned four things. The first one was thevarious crew members, which were Mr Heazlewood and anotherperson you don't presently recall?A. Yes.

Q. The second one was the family of the lighthousekeeper, who is Mr Blythe, and we've been through that, andwe have established, I believe, that the person whomMr Blythe relied upon was in fact not on board in Novemberor December 1941, so Mr Blythe's account could not beaccurate?A. It's not accurate, no. That person would not havebeen relaying a first-hand recollection.

Q. The third one is "The family of a crew member of theCape Otway". Who was that?A. That's the one that we established yesterday is notcorrect. His uncle was on at a later date.

Q. So two of three so far are not correct?A. That's right.

Q. The fourth one is "One or more signallers from anotherstate" .A. That is the letter that the person wrote to thenewspaper, the Derek Ballantine one that we went throughyesterday. Unfortunately, he has not come forward, butinformation about where he said he was, it was certainly asignal listening --

Q. As far as the fourth one is concerned -­A. We don't have a name.

Q. we have an unattributed statement by a person who

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TRAN.026.0010 R

1 wrote an anonymous letter to a newspaper, who has not come2 forward?3 A. That's correct.45 Q. That then led you, on the basis of those four matters,6 to say that it is therefore no surprise that the Cape Otway7 was ordered to leave the area?8 A. Yes.9

10 Q. Do you still maintain that view?11 A. No, I think that if this Inquiry has obviously knocked12 out two of those points that I wrote four years ago, that13 would certainly change my perception on things. I think14 what Dr Michael McCarthy said yesterday - there are a15 number of people who have been trying to get people to look16 at this situation in an objective way and to provide17 answers to people.1819 Q. Yes. That is the fi rst thi ng you sai d, "was ordered20 to leave the area", and, as I understand it, you may have a21 different view about that now.22 A. If bodies were located, it makes sense to me that a23 ship carrying passengers and young people would have been24 ordered to leave.2526 Q. If they were ordered to leave, that would be after27 they had seen the bodies, would it?28 A. After some people on board had seen the bodies and29 signalled --3031 Q. But the two people from whom an account was taken,32 namely, the two Davidson sisters, said that they were on33 board and they said that they didn't see any bodies and34 they have never been told by their parents or elder35 siblings of any bodies?36 A. I think that this Inquiry has ruled out two of the37 poi nts that I rel i ed on, and if I were 1ooki ng at it agai n38 today, I probably would not have come to the conclusions39 that I came to in 2004.4041 Q. The second point you said was that its crew, that is,42 the crew of Cape Otway, was sworn to secrecy. Is there any43 basis for your saying that?44 A. I think that might have come from Jack Heazlewood45 and his discussion with the people who were purported to be46 crew members of Cape Otway. I did speak to47 Jack Heazlewood.

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TRAN.026.0011 R

(Log examined)

EXHIBIT #161 COMMONWEALTH OF AUSTRALIA 1937 TO 1941OFFICIAL LOGBOOK SS CAPE OTWAY WITH BOTH DRILLS SUPPLEMENT

THE PRESIDENT: Is it convenient, CMDR Rush, for the logto be shown to Mrs McDonald?

THE PRESIDENT: After today, I would like it returnedimmediately to the Archives.

I will hand it up, sir.

I'll ask LEUT Kerr to deal with that.

LCDR KERR:

THE PRESIDENT: Q. Just so that you know where we aregoing, there was in fact a change in the early 1920s which

Q. The third thing was that a page was removed from theCape Otway log.A. I examined the log, as I went through yesterday, in1993, so at the moment I can't remember what I've writtendown in my notebook. I would have looked at it, and I wasfairly sure that there was a page missing, and I can alsoguarantee in my diary I have written down that Dr McCarthyfrom the West Australian Museum informed me that there wasa page missing.

THE PRESIDENT: I also have examined this log previously.I want to suggest to you that there is no page missing inthis log at all. Where can we conveniently look at this ­perhaps on a table here.

CMDR RUSH:

Q. I don't recall any evidence of an account fromMr Heazlewood that suggested that any crew of Cape Otwaywere sworn to secrecy.A. Well, my memory doesn't help me there, sir. But asfar as I am concerned, there is something in my files or inmy discussions with Jack Heazlewood or what Jack Heazlewoodhas written that has given me that indication.

LCDR KERR: Sir, I am handing up a log entitled"Commonwealth of Australia 1937 to 1941 Official Logbook"with both drills supplement for the 55 Cape Otway.Mr Ralph from National Archives has requested that glovesbe used when handling the log.

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TRAN.026.0012 R

Q. And that is the first page of the insertion after --A. It did look like there was something torn from there.

Q. Someone has used a backing strip to insert thesepages?A. Yes.

changed the requirements of that which had to be recordedin an Official Logbook. The result was that the thenprinted and used logs had a page which contained fivecolumns in which information had to be recorded.

As a result of the regulation change, additionalinformation was required to be recorded, and it required18 columns. What happened was that in this and, indeed, inthe previous log of Otway, and in the next log of Otway,the new printed pages with the 18-odd columns were stuck inthe middle of where the old pages were, and that's all thathas happened.A. That's what has happened.

see, a sticking-in of somebecause it is the blank

is then, as you willThat page is blank,

inserted page.

Therenew pages.side of anA. Yes.

You will see the first page is entitled "OfficialLogbook", and it does not have a number. The next page onthe rear of the first page has a printed number "2". Thenext one has a printed number "3". The next one has theprinted number "4". The next one has the printed number"5". The next one, which is not filled in, has the printednumber "6" and the next one the printed number "7". Thenext one has the printed number "8" and then the printednumber "9", printed "10", printed "11", printed "12",printed "13", printed "14", printed "15", printed "16", andsomebody has drawn a line across it.

Q. The second thing that happened was that when whoeverwas writing up the log turned over the page on oneoccasion, in error he turned over two pages, so two pageswere left blank. When they got to the end at page 49 or50, whatever the number may be, having realised that theystill had two blank pages, they then went back in sequence,so I think page 36 follows immediately after page 49. Itis as simple as that. All the pages are numbered withprinted numbers. We'll just go through it together.

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Q. Nothing then for eight days until 30 October.A. Yes.

Q. Whereabouts?A. The 18th of the 11th, 1941.

Q. There are three entries for 20 October and one entryfor 22 October.A. Yes.

Q. "18", "19", "20", "21", "22", "23", "24", "25", "26","27", "28", "29", these all being printed pages, "30","31", "32", "33", "34", "35", "36", "37", "38", "39"?A. There was the blank back there for the dates inquestion.

three days until 2 November, nothingdays until 13 November.

Nothing then forfor a further 11Yes.

The next page on the left side is blank, because it isthe back side of one of the pages that were inserted. Thenext page is in fact the corresponding page for the firstone, two pages further back. Behind that, it is blank,because it is an insertion. Then we come to printedpage "17".A. Yes.

Q.thenA.

Q. You'll see that there's the first page of this newrequirement which is a "record of boat musters, boatcollision, fire and rocket drills" is to be completed. Theleft-hand side of the page is complete. The right-handside is a blank, because it is the back side of the nextpage, which is a similar record of "and examination oflife-saving and fire-extinguishing appliances". You'll seethe new requirement for all these columns.

Q. Mrs McDonald is referring to the fact that on page 37,after an entry of 18 November 1941, at sea there is nofurther entry on that page. As you will see, if you lookat page 36 down across to page 37, there is only an entrymade where there is something which is required to beentered. Pages 36 and 37 do not have an entry for everyday, do they?A. No, but there is quite a considerable number forOctober.

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TRAN.026.0014 R

Q. And then two further days later, there's an entry for15 November and then an entry for 18 November.A. That's right.

Q. And nothing thereafter.A. Nothing thereafter.

Q. Presumably, because nothing had happened whichoccurred which was required to be entered into the log.A. Correct. It begins on April 1940; that was one of theissues, and the inserted pages were two of the issues thatwere noted.

Q. Page 38 commences with an entry of 2 April 1940. AsI said to you at the beginning, if you go to the end - wewill come to it in due course - 38 and 39A. The previous page was 1941, and then page 38 goesto April 1940, sir.

Q. The previous page is in fact 1941.A. 1941, number 37; and then the next page, number 38,is April 1940, sir.

Q. What did you draw from that?A. They certainly weren't running in sequence.

Q. Did you look to see why?A. I did try to ascertain why, but I could not come toany conclusion.

Q. Page 38 commences on 2 April 1940.A. That's right.

Q. And runs on to page 39, which is again 1940.Page 40A. Is 1940 as well.

Q. Page 41?A. Is 1940 as well.

Q. Page 42?A. Is 1940.

Q. Page 43?A. Is 1940 and goes down to 1941 at the end there, sothere are a number of pages that seem to have been blank

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and the sequence is all wrong, sir.

Q. A period of some four months.A. That's right.

Q. Page 48, September 1941 through to 30 September 1941.A. Yes, sir.

Q. Did you see what is written at the bottom of page 50?A. Yes, I can see that.

of sequence fromIf you go back to page 36 -­Pages 36 and 37 are totally out50.

Q.A.page

Q. "See page 36".A. I can see that, sir, but I didn't understand howsomebody could leave out all those pages.

Q. And page 50?A. That's down to October 1941. I didn't understand,sir, why 1941 ran to page 50, but way back on page 37 wasthe months in question.

Q. Over the summer period. Then there's page 44, againin 1941.A. Back to March 1941, sir.

Q. Page 46, April 1941. Page 47 commences in May 1941and has only three entries in the next three months downto August 1941.A. That's right, sir.

Q. That's because it follows on from page 43, whichstarts with 16 March.A. But it is a bit different to the other one, being onpage 37, sir.

Q. We will come to that. So there is page 43, March1941; page 44 commences March 1941; page 45 runs acrossto April 1941.A. Yes, sir.

Q. Did you observe that there was no entry between9 November 1940 and 16 March 1941?A. No, I probably missed that, sir.

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1 Q. If you go to page 50, it says "see page 36", which is2 obviously the two pages which have been passed over in3 error, and the next entry follows on from the last entry on4 page 50; do you agree with that?5 A. Yes, I do, sir.67 Q. So an examination shows, first of all, that there is8 no page missing.9 A. That's right.

1011 Q. That it is obvious that the person completing the log12 passed over two pages, which were left blank.13 A. Yes.1415 Q. When he got to the end at page 50, he made a note "see16 page 36", and if you go to page 36, it then continues in17 sequence as though it was continuing on after page 50.18 A. Yes, and the inclusion in the log does look like19 there's a page torn out, but it is the way it has been20 included back in the logs. I'm quite happy with that21 explanation.2223 THE PRESIDENT: Thank you very much. One of the problems,24 if I may say something at this point of time, is that this25 whole edifice of bodies being sighted by Cape Otway has26 been supported by a very heavy reliance on the fact that it27 is asserted that the Cape Otway log has been, to use the28 expression of others, tampered with.2930 It has not been tampered with at all. It is complete.31 There are no pages missing. All that has happened is that32 there has been inserted a total of two double pages, making33 four in all, between pages 16 and 17, as required to meet34 the new requirements under the Navigation Act. If there35 had not been this great reliance on the so-called tampering36 of the log, this story would never have had any credence.3738 CMDR RUSH: Q. I have just one more questi on about39 Cape Otway. If I can ask you to turn to page 191 of your40 book, in about the fourth full paragraph, you will see that41 after discussing Cape Otway, you said this:4243 I also wondered, after the air search was44 called off suddenly, why an army convoy of45 twenty trucks left Fremantle on 29 November46 and arrived at Carnarvon at 10pm the next47 day.

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12 What were you wondering about?3 A. Well, as the search was called off and as all the4 Germans had been transported to Perth, I didn't understand5 what a convoy of trucks would be doing leaving to go to6 Carnarvon. That convoy is listed in the NO.4 Flying7 School log. I was wondering what that convoy was doing.8 The search was called off, so they weren't necessarily9 supplying aviation fuel for the aircraft. They weren't

10 going up to collect German prisoners. By then, the German11 prisoners were all in Fremantle, so my query was what was12 the role of those trucks?1314 Q. Was that somehow to be linked to bodies?15 A. I was asking that question, because if bodies had been16 discovered, somebody would have had to have dealt with17 them. So, yes, my comment there, my query there, was18 linked to the bodies, but I had no evidence or proof.19 I only had proof that the convoy left after the search was20 called off and after the prisoners were - and I was just21 asking the question what their role was and if anybody that22 had been in that convoy could come forward, and nobody has23 come near me with any information.2425 Q. In asking the question, you were surmlslng that the26 convoy may have been sent up to this area to collect27 bodies?28 A. I f the Cape Otway found bodi es, somebody woul d have29 had to have been sent to deal with them.3031 THE PRESIDENT: Q. There is a real problem about the32 bodies on the beach theory, because it necessarily flows33 from the Cape Otway story.34 A. I agree, sir, and I have no evidence that anybody35 found bodies on the beach or anything like that. I did36 surmise, how would we deal with bodies in the heat that had37 been in the water for 12 days, but I have no information38 about graves on beaches or bodies on beaches. I've never39 gone anywhere. If anybody comes forward with that40 information, I always say, "Who is it? What is it? Where41 were they?" I need to know name, rank and serial number.4243 So I have nothing to do with bodies on the beach, but44 I did query what the role of this convoy was, and nobody45 has contacted me, nobody has got back to me. I've heard46 nothing. It was a query, but it certainly was linked with47 my belief that, at that time, the Cape Otway might have

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found some bodies.

Q. Desperate for fuel so they could fly?A. Back in Perth and back in Geraldton.

Q. What about Geraldton and Carnarvon?A. The convoy went to Carnarvon.

By that time the search was over, so noaviation fuel was required for searchingaircraft, and the German prisoners weresafely in Perth.

You went on to say:Q.

THE PRESIDENT: Q. The point being put to you is this:if the aircraft stationed north had been flying forconsiderable periods of time in search, they would havediminished the supplies of aviation fuel north. Therefore,those supplies have to be renewed. Therefore, it would besensible to think that trucks would have gone up theretaking fuel to replenish those supplies, not to pick upbodies from the beach.A. That's fair enough.

CMDR RUSH: Q. Sir, could we have NAA.018.0182. You seethat this is a report from the Commanding Officer of14 Squadron. It is a brief report on reconnaissanceoperations from 24 November to 28 November 1941. IfI could ask you to go down the page where we see theheadi ng "Refuell i ng" and go three- quarters of the way downthe page, do you see about halfway along the screen,Mrs McDonald, it is reported as follows:

The issue of refuelling for aviation was a very, verysignificant issue, I suggest, for those aircraft in thosestations that were based up the Western Australian coast?A. Yes. It was just that there were movements of anumber of convoys. Usually, the convoys were to cartaviation fuel or they were going up to bring backprisoners. This one seemed to be after it was allover, soI asked the question.

CMDR RUSH:

Q. So they would have been desperate for fuel, becauseall those aircraft had been in the air searching forSydney?A. I think that they were back at their bases by then.

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12 In addition, the stocks of fuel held at3 Carnarvon were quite inadequate for one4 weeks operations, and two road convoys were5 necessary to replenish it. The petrol6 delivered by the first of these convoys was7 used in one day. It should also be8 reported that the first convoy was actually9 a double one, and that the first half to

10 arrive, approximately 5,000 gallons, could11 not be used owing to oil being mixed with12 the petrol. The painting of CONTAHINATED13 on all these drums to ensure they were not14 used was a further call upon the time of15 men already overtaxed by more important16 work.1718 On the subject of replenishment, it is19 further desired to report that the Army was20 using every available vehicle, even21 impressing old civilian vehicles unequal to22 the strain, many of which broke down and23 were left along the road. The time taken24 for a convoy was 20 hours, to cover the25 distance from Geraldton to Carnarvon, a26 days maintenance and endeavouring to27 co77ect stranded vehicles, then 16 hours to28 return to refi7 1, total time 60 hours.2930 That gives some perspective to the use of convoys, doesn't31 it?32 A. Yes, yes. I knew that the convoys were taking up fuel33 during the search and I also knew that a lot of Geraldton34 trucks were commissioned, if you like, to do that, as it35 says there.3637 Q. I have to ask, Mrs McDonald, why didn't you put that38 in your book?39 A. I've never seen this before, sir.4041 Q. But you knew, you said, of the way in which these42 trucks were operating?43 A. That was during the search, sir, but now I take the44 point that they might have had to replenish stocks after45 the search. The trucks were certainly carting fuel during46 the search.47

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1 CMDR RUSH: Sir, perhaps I should tender that document.2 It is annex B to a report of search for lifeboats of3 HHAS Sydney and the Ko rmo ran , dated 4 December 1941,4 barcoded NAA.018.0182.56 EXHIBIT #162 ANNEX B TO A REPORT OF SEARCH FOR LIFEBOATS OF7 HHAS SYDNEY AND THE KORHORAN, DATED 4 DECEMBER 1941, TITLED8 "BRIEF REPORT ON RECONNAISSANCE OPERATIONS - 24 NOVEMBER TO9 26 NOVEMBER 1941 AFO 10/A/6, BARCODED NAA.018.0182

1011 CMDR RUSH: Q. You became aware of an account that was12 given by a gentleman, Pastor Wittwer, of an account that13 was given by a person called Groesmann to him when he, in14 the early 1950s, was at the Snowy Mountains15 Hydro-Electricity Scheme, the works that were being16 undertaken?17 A. Yes.1819 Q. On becoming aware of that, you undertook some research20 in relation to attempting to establish the identity of this21 person Groesmann, who had reported to Pastor Wittwer that22 he had been on Kormoran and had witnessed activity,23 i ncl udi ng submari ne acti vi ty, surroundi ng the loss of24 HHAS Sydney?25 A. Yes. When I first heard Pastor Wittwer's claims that26 Gerhardt Groesmann, whom he called "Heinz", was a member of27 the Kormoran crew and was telling a story about a Japanese28 submarine being involved in the sinking, I first contacted29 the National Archives to call for any information about the30 ASIa discussion that Pastor Wittwer was talking about, and31 they contacted ASIa on my behalf.3233 I also contacted one of the German crew members that34 I had interviewed and asked him if he had the home address35 of Gerhardt Groesmann and also Heinz Grossmers, because36 there was a bit of a problem at the beginning as to which37 German Pastor Wittwer was referring to.3839 I found out that Grossmers had never returned to40 Australia, but it was more difficult trying to track down41 Gerhardt Groesmann, who was the man in question, because he42 had been repatriated back to East Germany. With the43 address, I had a friend who lived in Koblenz, who was44 German, obviously. I faxed her a list of questions, and45 she was able to ring Grossmann's wife, Jenny, and put to46 her my list of questions. It turns out that - and, again,47 I have to use my memory - I think they were married in

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1 1948. He could not speak English. They had never left2 East Germany. He had not returned to Australia. His two3 brothers, one of whom was mentioned by Pastor Wittwer, had4 also never, ever left East Germany. It was not possible.5 So I think that I proved that whoever had spoken to6 Pastor Wittwer was not a crew member of Kormoran and7 therefore an imposter.89 THE PRESIDENT: Q. That's a very good piece of research,

10 if I may say so.11 A. Thank you, sir.1213 CMDR RUSH: Q. There is one other topic I want to go to,14 and it is the topic of signals. I think you were in Sydney15 when the DSTO evidence was given. The Commission has also16 received other evidence to the same effect, and that is17 that Sydney was incapable of sending voice transmission.18 A. Yes.1920 Q. Do you accept that?21 A. Absolutely, sir. I've known that for a couple of22 years.2324 Q. As a consequence, in relation to oral histories of25 those persons who allege that they received voice26 transmissions from Sydney, you would agree that that is27 impossible?28 A. Anybody who alleges voice transmissions from Sydney is29 incorrect, sir. I do have an issue, though, with one30 signal that I believe was plain language morse, but it has31 an "RIT" wri tten on it.3233 Q. I think probably that is the one that we went to34 yesterday with Dr McCarthy.35 A. Yes, it is, sir. If I could just say that there was36 confusion in the archives about signals from Sydney. There37 was a signal that went out that was worded such that it38 said, "No further news from Sydney", so that led some39 people to believe that Sydney must have contacted somebody.40 Even the Pri me Mi ni ster' s announcement sai d, "No subsequent41 communi cati on has been recei ved from the Sydney". There is42 a minute in the archives that Richard Summerell has in his43 wonderful publication that says, "Subsequent intelligence44 suggests HHAS Sydney sent out a weak and corrupt Q distress45 message under extreme difficulties". So for researchers46 looking into the signal issue, even the archives seem to be47 suggesting that it was possible.

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12 Having seen the damage on HHAS Sydney and being3 present when the scientists analysed that damage, I believe4 now that certainly no messages could ever have been5 received overseas, but I do believe that the stern of6 Sydney was relatively undamaged compared to the rest of the7 ship, and there was an aft wireless room and they did have8 jury ri ggi ng. I di d wonder, gi ven the di re straits of9 Sydney's last hours, if somebody would have been tasked to

10 try to get messages out, but I realise that it would have11 been extremely difficult.1213 Q. Just dealing with the issue of signals concerning the14 SWACH log, we went through those signals yesterday. Just15 as a reminder, if I could ask that NAA.016.0070 be brought16 up on the screen, please. If you go down to "Saturday,17 6 December, 0054", you might recall from yesterday,18 Mrs McDonald, when this was shown in the Inquiry, that this19 was the signal put in on 6 December after the issues of20 those entries in the SWACH log had been gone through with21 Dr McCarthy concerning Sydney, Singapore, Leichhardt and22 various other matters. This was entered to read as23 follows:2425 Signal led CWR = information received from26 Darwin that short wave broadcast overheard27 on 4th of December was from PHG Sydney to28 PHG Darwin. In view of confusion caused29 request information whether this a regular30 or authorised channe 1 ...3132 Do you accept that entry in the log?33 A. I've certai nl y had a copy at home of the SWACH log for34 ages and I've seen those entries. They do seem35 self-explanatory. That is possibly why I was hoping that36 the first Parliamentary Inquiry and, indeed, this one would37 really look at the concerns people had about that entry and38 how it was problematic, given particularly Gordon Laffer's39 story.4041 You asked the other day, sir, if Gordon Laffer was42 related to the Laffer on Sydney. Yes, he was. It was his43 cousin. Gordon Laffer was probably inspired to research44 the Sydney because of this signal and this issue. He was45 shown this signal after Germany surrendered but before the46 war was over when he was in Signals Intelligence with the47 RAAF. He told his Commanding Officer that he met his aunt

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and uncle for the first time, who had lost their son onSydney, and they were very cool to him, because theybelieved that the RAAF was responsible for the loss ofSydney. So he raised this with his Commanding Officer andwas given a HHAS Sydney file from Intelligence. In it, hesaw a number of things, but they included a signal verysi mil ar to thi s one, si r, and he sai d that it was pl ai nlanguage morse.

He had been talking about this signal for years andyears and years before the signal finally materialised inthe Summerell notes. I still have some concerns about whythat signal was in an RAAF Intelligence file if it had beencompleted dismissed.

I have two issues with it. The first is that he saidit was plain language morse, not voice, and if it wasvoice, you rule a line through it straight away. The otherissue is that the signal has the name "Bailash" in thecorner of it. SubLEUT Bailash did arrive in Geraldton on19 November 1941. We can prove that. I have no idea whenhe left Geraldton, but I would imagine that he would nothave still been there on 4 December, because he was a staffduty officer in Perth.

Q. That's LCDR Bailash?A. Yes.

Q. Why would you imagine that, if he had been sent there?A. I think it would be really wonderful if you could findout his movements and where he was on 4 December. But from19 November to 4 December is a considerable number of days,and it was in the period when the search was going on forSydney; it would have been a highly busy time. You wouldimagine that if he had just been making a courtesy visit toGeraldton Aeradio, that visit would have been well andtruly terminated and he would have returned to his post.So they are the only concerns that I still have outstandingon that si gnal .

THE PRESIDENT: Would you mind scrolling down so thatI can see Sunday, 7 December on the screen, please, andover the next page. Thank you.

CMDR RUSH: Q. Mrs McDonald, are you aware of anyone whohas questioned the integrity of the SWACH log, if I can putit 1i ke that?

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A. No. The SWACH lognumber of years, so thehave been compromised.very reasonable record

Q. Why not? I want to know about them.A. It has been raised by --

Q. This has nothing to do with Government or Navy oranyone else.A. No, that's fine.

Q. I'm looking at a document. Do you say that thedocument does not represent the entries that are properlymade in it?A. I believe that there's nothing wrong with thisdocument, that it has not been tampered with, but otherpeople have a different view to that.

was held in private hands for aintegrity of it, if you 1i ke, coul dBut, no, I think that it looks a

of the search and what happened.

It is not a matter of you being happy for

Q. Who is it who says that this has been

not going to name them, sir.

Q.

THE PRESIDENT:tampered with?A. Well, I'm

Q. If you accept the chronological entries that are madein the SWACH log, if you look at the SWACH log in itsentirety and then look at the particular event that we arediscussing, there is nothing to suggest that this has beentampered with or interfered with in any way?A. No. I agree, but when things do not add up, peoplehave to have total faith in their Governments to never hidethings, and I have some questions I still would likeanswered on that particular signal. Then I'm quite happyto draw a line through it.

CMDR RUSH:

Q. Or if it can be demonstrated that that is a completefurphy. If someone says this has been tampered with, Iwould like to know about that, too.A. I don't believe it has been tampered with. What I wastrying to do in my research was to wonder whether theGeraldton messages, because they were so sparse, had notbeen originally identified as coming from Sydney, and itwas only later on when the importance of them occurred thatthey could have been passed on on 4 December. But if youlike, I'm quite happy for you to rule a line through thesi gnal .

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THE PRESIDENT: We went through this the other day, butare there three entries there?

THE PRESIDENT: Would you go back on the screen to4 December, please.

us to do that, but I appreciate your sentiments. One ofthe issues - and you'll remember Dr McCarthy's evidenceyesterday - is this very document and this very signal.A. Yes, and I'm one of those people who have concerns.

Q. But if one just accepts the entry of the SWACH log forSaturday, 6 December, which refers to the matters that areentered for 4 December, which are those very signals, thenthat sets the dates of 4, 5 and 6 December, doesn't it?A. Yes, yes, it does.

That is at page 0069. 1520 is the first one,

There is 1520, 1543, 1545 and 1553.

THE PRESIDENT: Q. They are in a book which hascontinuous entries for 3, 4, 5, 6 and 7 December. Are youseriously suggesting to me that those three entries enteredchronologically, with one irrelevant entry to the topicwe're presently dealing with in between, were received onthe 19th and not the 4th?A. I do not have it in front of me, but in the Summerellarchives that listed those two signals, the time frame onthose signals is different to the time frame here.

CMDR RUSH:

Q. Let us look at that. Is this NAA.023.0143 one of thedocuments you are talking about?A. Yes. The timing there is 2150, 2140, 2150, 2240,2255, and they would fit with the last hours of the Sydneywallowing and they seem to be different to the time framein the SWACH log.

CMDR RUSH:si r.

Q. I just want to understand, with the SWACH log, whatyour concern is. If you accept the entries that are madechronologically, what is the concern?A. My concern is that the message might have beenreceived and only relayed on 4 December, and it hadactually been received on 19 November and not consideredimportant.

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R/T Sydney calling Darwin distress signal.Short Leichhardt.

Singapore call Darwin AS Sydney calling2450.

A. And somebody had written in on the archival copy"HMAS" .

Q. That they sent a morse message saying, "Send morseafter 2450"?A. I've no idea, sir.

If you just look at 2150 on the screen:

At 2240:

Q.

Q.

Q. There is no "Leichhardt". There is a "Lockard" inthose who were lost.A. That's right.

Q. It makes no sense at all, does it?A. The whole signal doesn't make sense, whether it is PMGor coming from Sydney.

Q. Was there a Leichhardt in the crew?A. You're testing my memory. There is a similar name,and he was a wireless operator, but I'm under oath andI would have to check my facts. It certainly has beenraised. I was not sure whether that "short", or whatever,was "Straat" for Straat Halakka.

CMDR RUSH:

CMDR RUSH:

THE PRESIDENT: Q. It then says, "Send morse after2450". Is it seriously suggested that somebody sent asignal in morse, because it couldn't be anything else,because Sydney can't send voice messages?A. No, Sydney would have had to have sent morse.

Q. What is your supposition about 2140? Is that H time?A. That's H time. That's the time it was received.These are the questions and why the signal has played onpeople's minds.

What is Leichhardt?A. It's been suggested it's a crew member of Sydney. Thewords "distress signal" caused people concern.

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Q. At 2255:

A. Yes.

Hessage received.

Q. Doesn't that indicate to you that it could not

But what is it that those whoIs that "2255" meant to be a signal

Q. Isn't it?A. We11, it does seem strange.

Q. Which means that at 5 minutes to 11 at night, which atleast on the German account is some five hours after thebattle, Sydney sent a message saying:

Frequency satisfactory, will put through inmorse ...

Hessage received. Frequency satisfactory,will put through in morse.

Q. Someone has, but that's not what was written by theperson who recorded it, is it?A. No. It's just "AS", which doesn't make any sense.

That's just nonsense.A. Okay.

Q. That would be an extraordinary message from a ship,wouldn't it?A. Yes. I certainly don't know - the distress signalissue was what captured people there and the timing doesseem to be different to the SWACH log, and that was allI was raising.

THE PRESIDENT: Q.question this say?from Sydney?A. I'm sure that people believed that these were part ofmessages that Sydney was trying to send out.

Q. It doesn't make sense perhaps to you or me, but itcould well make sense to the person receiving it as acapital "A" and a capital "S".A. Yes.

So Sydney was sayi ng, "We have recei ved a message":

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Will put through in morse

Hessage received. Frequencysatisfactory . ..

In other words, "The frequency on which you are sending usmessages is satisfactory":

Q. Never mind the Government. What's the logic of itall?A. Well, I don't know, but they gave it a rating of "high

integrity to betime.

I understand that.And Sydney could have had structuralto stay afloat for some considerable

Q.A.able

Q. I understand that as well. We now know, having seenthe damage that the Sydney suffered, that this messagecould not possibly have come from Sydney. But put that toone side. Before we knew that, did anyone seriously thinkthat at 5 to 11 on the night of its loss, Sydney sent amessage which said:

possibly have come from Sydney?A. That particular one at that time of the Sydney'sstruggle certainly - now, having seen the wreck and thedamage, it does seem strange. But you have to remember,sir, that when we were all looking at this, we had notfound the wrecks.

Sydney will put something through in morse. That doesn'tmake any sense at all.A. It doesn't make any sense. One of the issues that thepeople at the Esplanade Hostel and I believe GeraldtonAeradio that picked up the signal said was that it was verydifficult, because there were about four areas signalling,for them to be able to decipher what was actually beingsaid.

Q. Yes, but my concern is that people apparently lookingat these documents and knowing that Sydney could onlytransmit in morse seriously considered that documents whichsaid, "We will send things in morse later on", meaning thatthese signals must have come in in plain language, not inmorse, could have ever thought that this came from theSydney.A. Even the Government, sir, gave it --

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credibility" for the people who were saying what they hadtaken down, but a rating of "F" for not knowing where thissignal had come from. So it concerned a lot of people fora long time. Otherwise, they would not have given it thatrating. The rating is on the signal that's in thearchives.

Q. What about the other one? The other one isNAA.023.0142.A. This is the one with Bailash's name on it. It says"call from sea".

Q. It starts off, "RIT to morse".A. I realise that the "R/T" is on that, sir, but I'm justsaying that all my knowledge of this signal has been thatit was plain language morse, unless somebody wrote down"radio telegraphist reading morse" or something. I don'tknow.

Q. "Calling Darwin or technical telegraph operator". Didanyone seriously think that Sydney would be calling atechnical telegraph operator?A. It depends who was left on board to be trying tocommunicate, sir. The "call from sea" and "all men onboard" has been the wording that concerns some people.

Q. Again, if it came from Sydney, you had Sydney sendinga message saying:

Hessage received. Frequency satisfactory,will put through in morse at 2310.

A. That's the other one. Yes, I agree, sir.

Q. It's just nonsense, isn't it?A. To me it's nonsense, but there are some other --

Q. If that's nonsense, the whole lot is nonsense; itcouldn't have come from Sydney?A. That's what we have asked the Inquiry to deliberateon.

Q. If there is some other argument against this, pleasetell me.A. Some of us have some concerns, sir.

Q. What are they?

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A.

Four stations . ...

Then there is that word "Straits".

Sydney calling Darwin distress signal.

Just after 2310, "CPL" , is it?signal has got "MS Sydney", whereasSydney", so this one has an "M" in

"CPL Dawson".

PRESIDENT: Q.Above that, this

other one had "AS

... transmitting 7n morse on about samewavelength.

Q. Then it says:

Q. That's not added. It's in the same pen.A. Yes, this has been written down by somebody who hashad the message relayed to him, obviously by CPL Dawson andAeradio Geraldton, which were the two places that it seemedto have come through.

Q. I understand that. It then says, "CPL Dawson", is it?A. CPL Dawson was one of the people who relayed thesignal. This signal has so much writing added to it thatit's a bit hard to detect.

Hessage received. Frequency satisfactory,will put through in morse at 2310.

Q. It goes on:

THEA.theit.

CMDR RUSH:

A. Because it says "call from sea" and it says "distresscall", and the ti mi ng, si r, was when Sydney woul d, if shecould, have been trying to signal.

So this is meant to be a signal from, so some say, Sydney,which could send only morse, saying, "We will send you amorse signal at a later point of time", which makes nosense at all. Then it says "Call" - is it Dawson?

So that's why it was difficult to read. The bottom onesays:

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Is that right?

Taken over phone by signal clerk westernarea.

CMDR RUSH: The same as on the previous signal. The sameword, "Lei chhardt", as referred to on the earl i er page.

Q. "Straits"?A. Straat Halakka. Who knows? That's what peopleinferred.

At the top of this page, it says:

From "FLTLT Cooper", is it, "Geraldton"?

"Squadron Leader, Geraldton".

Yes, sir.

[Western Area Command] phoned messagereceived from Geraldton. Geraldton heard acall on 24.50 metres possibly fromHHAS Sydney and requested Peace to callDarwin for bearing.

Q. If I could go to one other entry in the SWACH log andthen come back to where we were on 6 December,Mrs McDonald, at NAA.016.0069, at 1520 you see this entry:

THE PRESIDENT:

THE PRESIDENT:

CMDR RUSH:

CMDR RUSH: Q. It goes from Dawson at the EsplanadeHotel to FLGOFF Bogue and then to Cooper and then to SWACH?A. So it could be Chinese whispers by the time it gotthrough.

CMDR RUSH:

THE PRESIDENT: Q. This purports to be a message thatsomeone wrote down, presumably the person who signed at thebottom, Mr Leichhardt, of what --A. I understand the person from the hostel contactedSQNLDR Cooper, who was the officer in charge at that time,and he has then relayed it by phone. He apparently is nowsaying that he sent this through on 19 November. But inthe 1991 Fremantle forum, it was stated that when he wasinterviewed by Gordon Laffer, he didn't remember the date.So in 1991 he didn't remember the date, and now, as he'sgot older and there's been more pressure on him and moreinterviews, he's lately saying the 19th.

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Q. Mrs McDonald, you refer to a signal allegedly receivedin Singapore by Mrs Hetty Hall.A. Yes, I now believe that Hetty's diary precludes herfrom hearing anything from Sydney.

We have the other entries made in the log following that.Then if we go over the page to where we started, onSaturday, 6 December there is the entry, I suggest,following an inquiry into what has gone on at 054:

THE PRESIDENT: Q. The messages that are referred to inthe SWACH log are, in substance, the messages referred toin these two documents.A. That's right, so if that date is correct, then --

Signalled CWR: Information received fromDarwin that short wave broadcast overheardon 4th of December was from PHG Sydney toPHG Darwin. In view of confusion causedrequest information whether this a regularand authorised channel ...

She wasn't on duty.was led to believe that she had aevidence that was put forward.

There is just one more matter, sir.

THE PRESIDENT: Q.A. I know, sir. Idiary to back up the

CMDR RUSH:

What I suggest you have in the SWACH log following inchronological order are the issues that were raised, themessages that were received and a report of theinvestigation that takes place. That's right, isn't it?A. Yes. It's very self-explanatory. If that was thedate, then Sydney is ruled out, anyway.

Q. It has nothing to do with the loss of Sydney on19 November 1941.A. Exactly. But there was a fair bit of rivalry going onat the time between the Air Force and the Navy, andcertainly when this signal was first raised, the fact thatpeople thought there were some chaps and sheilas in a hotelbelieving that they were hearing a distress signal fromSydney - it was actually fairly heavily put down at first.I'm just relying on that being the correct date and aproper, thorough investigation.

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<THE WITNESS WITHDREW

SHORT ADJOURNMENT

Q. She has a diary which establishes the contrary.A. Exactly, sir.

Page 16 of Cape Otway's 1936 to 1942 Official Logbookappears in the form that was in use prior to thelegislative amendments that were made in late 1924.

Thank you, Mrs McDonald. You have been

Sir, they are the matters for Mrs McDonald.

Some of the evidence that you have heard so far andmore that you will hear has to do with Cape Otway'sOfficial Log. The evidence given by Mrs McDonald inrespect of that log was heard this morning. Before I callMr Ralph, I would like to say something else about thelegislative changes that affected that log.

This, of course, strongly suggests that this OfficialLogbook was printed prior to December 1924. Theinformation required to be recorded in an Official Logbookof the kind used by Cape Otway during the relevant period,1936 to 1942, was regulated by the Navigation Act 1912 anda range of regulations or statutory rules that were madeunder that Act. Subsection 171(1) of the Navigation Actrequires a vessel such as the 55 Cape Otway to keep anOfficial Logbook in the form prescribed by the regulations.

THE PRESIDENT:very helpful.

LCDR KERR: Sir, the next witnesses that you will hearfrom are Mr Alan Ralph, who is the State Director ofNational Archives; then Mr Max Cramer; and thenMr Philip Shepherd.

It is not clear precisely when the Official Log usedby Cape Otway between November 1946 and March 1942 wasprinted. Commonsense dictates that it must have beenprinted prior to the date of the first entry on 28 November1936. However, the strongest indicator of the date thatthis logbook was printed is page 16, which is used torecord, as you, sir, have observed, collision, boat andfire drills and the examination of lifesaving fireextinguishing appliances.

CMDR RUSH:

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12 Subsection 171 (3) permits a second ship's log to be3 kept at the Master's discretion, but that legislation4 requires that the Official Logbook must be "duly filled5 up", a phrase that will become more significant.67 Section 235 of the Navigation Act regulated the boat8 drills that were required to be conducted.9

10 Regulations made pursuant to the Navigation Act11 stipulate the prescribed form of the Official Logbook,12 which is referred to as Form M&S-16, and also stipulate the13 range of information that is to be recorded in that log.14 On 1 March 1922, the Navigation (Master and Seamen)15 Regulations commenced. These were the first of the Master16 and Seamen Regulations made pursuant to the Navigation Act.1718 Regulation 24(1) provided that an Official Logbook in19 the form of M&S-16 was to be kept. Regulation 24(2) listed20 those matters that were to be entered into the log, and21 there were originally 20 different subject areas. The form22 of the master and seamen log commenced at page 531 of the23 regulations.2425 These regulations were repealed by regulation 32 of26 the Navigation (Master and Seamen) Regulations 1924, which27 commenced on 18 December 1924. Rel evantl y, they had 1ittl e28 effect, although they increased the subject areas that were29 required to be recorded in the log from 20 to 22. A new30 format, which was the significant change, for Form M&S-1631 was also stipulated.3233 Other regulations made pursuant to the Navigation Act34 also affected what was to be recorded in the Official35 Logbook. In 1923, the Navigation (Boat Drills) Regulations36 were made. These regulations stipulated the procedures37 that were to be followed for boat musters and boat drills38 and the information that was to be recorded in a log39 following the conduct of those procedures. At that time,40 the nature of the information that was to be recorded in41 the Official Log coincided with the form of that log.4243 In October 1923, new regulations were made. The44 Navigation (Collision, Boat and Fire Drills) Regulations45 repealed the earlier regulations. It was these regulations46 that made significant changes to the nature and the number47 of drills that were to be carried out by vessels such as

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1 Cape Otway.23 In addition to boat drills, there was now a4 requirement to conduct fire drills, collision drills and5 rocket drills. Regulation 5 listed those matters that were6 to be recorded in the Official Logbook.78 With these changes, the original layout of Form M&S-169 was no longer applicable. To remedy this problem, on

10 18 December 1924 new regulations - the Navigation (Master11 and Seamen) Regulations - came into effect. A new format12 again for Form M&S-16 was prescribed, and that new form13 would now permit the recording of those matters that were14 mandated by the new regulations. There were further15 amendments, but they didn't have any effect on the relevant16 parts that we are discussing.1718 As I said, sir, it appears that in 1936 when19 Cape Otway was issued with a new logbook, it was a book20 that had been printed prior to 1924 and contained the 192421 version of the pages that were used to record the22 information in respect of drills.2324 It is submitted that rather than wastefully disposing25 of all these Official Logbooks, new pages were printed that26 reflected the relevant changes to the form. It is those27 pages that, as you have seen, sir, have been inserted28 between pages 16 and 17 of Cape Otway's logbook. Quite29 properly, page 16 has been voided by a diagonal line being30 placed through it.3132 That is all I wish to say, sir, about that. I tender33 a copy of the Navigation Act extracts of 1913; a copy of an34 extract from the Navigation Act 1920; an extract from the35 Navigation (Maritime Conventions) Act 1934; a copy of the36 Navigation (Master and Seamen) Regulations, Statutory Rules37 1922; Navigation (Boat Drills) Regulations, Statutory38 Rules, 1923; an extract from the Navigation (Collision,39 Boat and Fire Drills) Regulations 1923; a copy of the40 Navigation (Master and Seamen) Regulations 1924; and a copy41 of the Navigation (Collision, Boat and Fire Drills)42 Regulations 1935.4344 EXHIBIT #163 COPY OF NAVIGATION ACT EXTRACTS OF 1913; COPY45 OF EXTRACT FROM NAVIGATION ACT 1920; EXTRACT FROM46 NAVIGATION (MARITIME CONVENTIONS) ACT 1934; COPY OF47 NAVIGATION (MASTER AND SEAMEN) REGULATIONS STATUTORY RULES

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Q. What is the name of the organisation as we know ittoday?A. The Australian Maritime Safety Authority.

Q. Are those records the Official Logbooks of55 Cape Otway?A. Yes, they are.

Q. Could you briefly, please, tell the Commission fromwhere those logs came when you brought them this morning?A. They came from the National Archives Building in EastVictoria Park.

Q. At the request of counsel assisting, have you broughtwith you today some original records from NationalArchives?A. Yes, I have.

[11.30am]

I call Mr Alan Ralph.

<ALAN MURRAY RALPH, affirmed:

<EXAMINATION BY LCDR KERR:

LCDR KERR:

LCDR KERR: Q. Could you please tell the Commission yourfull name, business address and occupation and position?A. My name is Alan Murray Ralph. I am the State Directorof the National Archives Australia in Perth at384 Berwick Street, East Victoria Park.

Q. Are you aware of the date that they first transferredfrom another place to the National Archives?A. They were first transferred to the National Archiveson 26 May 1970 from the Mercantile Marine Office inFremantle.

THE PRESIDENT: Q. They retained all logs at that stage,did they?A. Yes. That is the previously known name for theMaritime Safety Authority. The Ministry of Changes changedthose names over time.

1922; NAVIGATION (BOAT DRILLS) REGULATIONS STATUTORY RULES1923; EXTRACT FROM NAVIGATION (COLLISION, BOAT AND FIREDRILLS) REGULATIONS 1923; COPY OF NAVIGATION (MASTER ANDSEAMEN) REGULATIONS 1924; COPY OF NAVIGATION (COLLISION,BOAT AND FIRE DRILLS) REGULATIONS 1935

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THE PRESIDENT: Yes.

THE PRESIDENT: May I see the first of those, please?

LCDR KERR: I would also make the observation thatalthough it is a 50-page log, there is a page numbered 51.

LCDR KERR: Q. The National Archives organisation isgoverned by the National Archives Act; is that correct?A. The Archives Act of 1983.

Yes. This logbook at pages 18 and 19 has,all of the records which were required to beamended regulations to which you have

Q. Is it the case that that applies to all records in theNational Archives?A. To every record in National Archives custody, yes.

Q. The second one is the logbook that covers the period,as recorded on the front of the log, from 1937 to 1941?A. That's correct.

Q. Could you briefly tell the Commission of Inquiry aboutthe regulations or the sections of the Archives Act thatdeal with the making of records publicly available?A. The specific section I can't quote at this point.I could find that for you. All records held in theNational Archives custody become publicly available oncethey attain the age of 30 years after creation, subject toaccess arrangements on those records.

Q. The particular Cape Otway logs that you have broughtwith you today are, if I'm correct, the log that reflectsthe period 1932 to 1934; is that correct?A. Correct. I have a few here.

LCDR KERR: While you are inspecting that log, I make theobservation that on the front cover that is a log of50 pages, sir, meant for a crew of up to 150 personnel. Inthat respect, it differs from the log used for the period1936 to 1941.

THE PRESIDENT:as part of it,kept under the

Q. The third log is a log that covers the period 1942 to1946?A. I'll just confirm that. 1945.

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referred.

Q. If I could also ask you to look at the front cover of

THE PRESIDENT: Yes.

LCDR KERR: That's correct, sir. My point is that thislog, I believe, was printed after 1924.

May I see the third of them?

Yes. Thank you.

Again, that is different from the 1937 to 1941

That's correct, sir, yes.

Q. What does that say?A. "With boat drills supplement".

THE PRESIDENT:

THE PRESIDENT: But it was printed apparently before theamendments, because the second log for the 1937 to 1941period has glued in, as an insertion after page 12, twopages, with a blank backing, which show all of the newinformation required to be kept by a Master in his logbookafter the amendment to the regulations to which you'vereferred.

LCDR KERR:log.

THE PRESIDENT: Quite. So it contains all of theinformation that was found in the pages inserted betweenpages 16 and 17 in respect of the subsequent log.

LCDR KERR: Yes, sir, and that is in similar form, I wouldsubmit, to the earlier 1937 to 1941 log.

LCDR KERR:

THE PRESIDENT:

LCDR KERR: Q. If I could take you for the moment to thethird log that the Commissioner has just handed back toyou, 1942 to 1945, if you would open the document coverthat protects it, on the front cover do you see there astamp under the name of the log?A. Yes, I do.

LCDR KERR: I make the observation about the third logcovering the period 1942 to 1945 that it is a log of40 pages intended for use by vessels carrying up to60 crew.

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EXHIBIT #165 OFFICIAL LOG BOOK CAPE OTWAY 1942 to 1945,BARCODED NAA.028.0140

EXHIBIT #164 OFFICIAL LOG BOOK SS CAPE OTWAY 1932 TO 1934,BARCODED NAA.028.0001

LCDR KERR: Yes, sir, we do. The 1932 to 1934 log isNAA.028.0001.

Q. "31 October 1931".A. I think it says the 3rd.

that the vessel

The supplement being the inserted pages?

Do we have photocopies of all these logs?

That will be exhibit 164.

The third log is NAA.028.0140.

That's correct, sir, yes.

That date of 29/3/1932 is the datethe port. What port was that?Fremantle.

Q. Perhaps then if I could ask you to go down theleft-hand column to find a date of "29th of the 3rd 1932"?A. Yes, I can find that.

Q. We will pass over that for the moment. Could you turnthen to the second log, the 1937 to 1941 log.

Q. It has "arriving back in Fremantle on 18/12/1932"; isthat correct? It should be on the right-hand side.A. I can't find that entry, sir.

LCDR KERR:

Q.1eftA.

LCDR KERR:

Q. Mr Ralph, could I ask you first to go to the earlierlog, 1932 to 1934, and could I ask you to look at page 9and find an entry in the left-hand column that says"31st of the 10th 1931"?A. 31 st?

the 1937 to 1941 log, does a similar stamp appear on thefront cover of that log?A. Yes, it does.

THE PRESIDENT:

THE PRESIDENT:

THE PRESIDENT:

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Q. A period of just over three months?A. Yes.

LCDR KERR: Q. Do you have the second log before you?A. Yes, I do.

Q. Could I then ask you to go down to the left-handcolumn and you'll find a date that says 8/3/1938.

Q. Could I ask you, then, to go to the second line andthe left-hand entry, which should say 9 March 1937?A. Yes.

We can extract that from documents.

LCDR KERR: Q. The final area, Mr Ralph, I would ask youto comment on is whether or not National Archives everdestroys records?A. Yes, we do destroy records.

LCDR KERR: Yes. If one goes through that log, and, in mysubmission, if one goes through each of the three logs thathave been tendered, that's what has been reflected.

Q. In the right-hand column of that line, do you see anentry for 15/12/1936?A. Yes, I do.

Q. Could I ask you to turn to the page that records theship's journeys?A. Yes, I have that.

THE PRESIDENT:

THE PRESIDENT: Perhaps we can shorten this. If one goesthrough that log, does it show that for about three monthsevery year, roughly from December to March, the ship wasstood down in Fremantle?

Q. In the left-hand column, could you locate the date28/11/1936? I believe it is the first entry.A. Yes, it is.

Q. So would you agree that that indicates that55 Cape Otway was in Fremantle - I'm asking you whether thelog reflects this, not whether you know it - from15/12/1936 until 9/3/1937?A. The log would reflect that.

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<THE WITNESS WITHDREW

EXHIBIT #167 PAGES 180-200 FROM MRS GLENYS McDONALD'S BOOK,"SEEKING SYDNEY" AND THE COVER

EXHIBIT #166 SOUTH WESTERN AREA COMBINED HEADQUARTERS LOGBOOK, BARCODED NAA.0016.0001

LCDR KERR: Secondly, pages 180 to 200 inclusive fromMrs Glenys McDonald's book, "Seeking Sydney".

I call Mr Max Cramer.

Those Are my questions, sir.

LCDR KERR:

LCDR KERR: I would like to tender two other documents.One is the SWACH log referred to by CMDR Rush, barcodedNAA.0016.0001.

LCDR KERR:

Q. Can you tell the Commission, please, under whatcircumstances?A. The records we have destroyed are where a legalauthority has been developed under the Archives Act, inconsultation with the controlling agency of the records andourselves, to determine a period of time in which therecords would be destroyed, after which time the recordscan be destroyed. Records are also identified forretaining as National Archives as well.

THE PRESIDENT: Thank you, Mr Ralph. I release thosethree exhibits back to you. We don't want to keep them.They are better off with you than with us.

Q. Are you able to comment about the destructionprocedures that would have been in place in approximately1952?A. The Perth office was not open in 1952. We didn't holdrecords in Perth. But within National Archives, or theCommonwealth Archives office as it was then known, theprocedure would have been that a request for destructionwould be made to the controlling agency to have approval todestroy the records in accordance with legal authority.

Q. In circumstances where records are destroyed, ofcourse some record of that destruction is kept?A. Yes.

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These pages are from a book by John Samuels

Q. Do I understand you to be saying that you've lived inthe Geraldton area for over 40 years?A. Yes, all my life.

Q. And you responded to that summons by producing anumber of documents on 7 January 2009?A. That's right.

your

[11.49am]

the left-hand page is something

you please tell the Commissionand youroc~Cramer DAM.__

CouldaddressMaxwell

And the top half ofyou have written?Yes.

<EXAMINATION BY LCDR KERR:

<MAXWELL CRAMER, sworn:

Q. You say:

Q. Do you agree that's a copy of a document that you sentto the Commission?A. It certainly is.

Q.thatA.

Q. Your occupation?A. I'm a retired builder, and I am also an amateurhistorian for over 40 years in the Geraldton area.

Q. In those documents, you included - if I could ask forCDI.005.0217 to be brought up. Do you see that in front ofyou, sir?A. Yes.

Q. Sir, as a result of some contact you made with theCommission of Inquiry, were you served a summons to producesome documents?A. That is true.

LCDR KERR: Q.full name, yourA. My name is

Q. If I can read to you what you've written on that page,which is an extract from a book written by John Samuels; isthat correct?A. That's correct.

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1 of Queensland Somewhere Below printed 7n2 2005.34 They tell of a confession to the daughter5 of an old soldier on his death bed. It6 outlines a mission he was on where he7 helped bury drowned Sailors from the8 HHAS SYDNEY. One very important item in9 the mention of the area is that it was a

10 bay with 2 headlands. Directly in from11 [where] the Sydney was lost and it is the12 only bay that meets the description for13 hundreds of miles, and it also fits with14 his story of the journey to the area.1516 In 2006 a reader of the book wrote to the17 publisher and admitted to being in a18 similar party and did not leave his name.19 His story is submission 3.2021 It is possible that person is still alive22 today. I can understand him not wanting to23 be identified. However if an amnesty for24 persons involved in the burial party could25 be found by advertising in RSL venues it26 would be a great chance to find the27 answers. No one alive today can be blamed28 for the event.2930 If I could take you through the issues that you have raised31 there, the first one is that you talk about a confession32 made to the daughter of an old soldier on his death bed.33 You refer as a basis for that the second page of the34 document you have submitted to the Commission of Inquiry.35 Could we go to the bottom left-hand corner.3637 Mr Cramer, without reading the words on the page, it38 tells of a story of an old soldier, who Mr Samuels says has39 recounted facts to his daughter and that he kept a dreadful40 secret for four decades?41 A. That's right.4243 Q. That he had been part of a burial party while he was44 attached to a unit of Army engineers militia in Fremantle.45 He says that he was told to go with the party by road46 transport north and that he was required to sign an47 official secrecy document. It says that they were taken to

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an area north of the Zuytdorp Cliffs where they came acrossbodies - more than 50 bodies - of men who had been Sydney'screw and that they were given orders to bury those bodies.What is your position, sir, in respect of that assertion?A. I was given the book. I read the story. It appealedto me. I'm a Geraldton person. I was only seven years ofage when the Sydney was sunk. I've followed this story andall the problems associated with it.

As an historian and after the Sydney was discovered,the general feeling in Geraldton - as I was a localhistorian, I was hammered rather heavily about how could ithave happened that there were no survivors? And this was apart of it. I took it up with a few friends. I thinkthere were eight of us who were in this, and we decidedjust to have a look at the situation, and that's about howit stands today.

Prior to this, I had acquired an air photo taken23 months after the alleged burials, and that's about it.We have had five visits to the area. At this stage, we arestill just assessing the situation.

Q. Can you tell me, sir, firstly who the other seven ofyou are in the group?A. I can. Two of them are here today - my son andgrand-daughter. This was on the very first trip. It wasan exploration into the area just to get a feel of what thesituation was. I had been to False Entrance before. Wehad the aerial photo. When we first looked at it, I wasalmost certain I could see the diggings of the grave. WhenI got there, it was awesome. The area is just so huge. Inactual fact, the area that we thought was graves was thesize of a football field. We went home and analysed it.We have been visiting there since, just checking areas. Onthe first trip, we found out that there was a tank therethat we didn't know about with the aerial photo.

Q. A water tank, sir?A. A very old stock tank, which, in actual fact, is inthe original photograph. We had the idea that the watertank would have attracted these people, because they didthe digging in the middle of probably December/January ­probably December. It was extremely hot. I would havethought they would have bathed, and there was no mention ofthis. This gave us another idea, that we may be lookingsomewhere else. We have since just looked in the area. We

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1 search around and make an assumption. I point out that it2 is a very long trip. The second and third trips were just3 one-day trips. It only gave us a few hours to check out4 what we wanted. We are progressing slowly through, with5 nothing more than work in progress at this stage.67 I think I could honestly say here that I don't know8 whether to believe these what I'm calling confessions or9 not. There were three of them, in actual fact.

1011 We're going to keep looking. It's very difficult to12 look without digging, and we don't intend to dig. We are13 in an early stage of negotiating with people with14 magnetometers and with ground radar.1516 We were initially working with people who had had very17 big experience in metal detector work. Because they spoke18 of throwing the stretchers on top of the graves, on top of19 the bodies, we actually examined the wartime stretchers,20 found they had metalwork on them and couldn't believe that21 we weren't getting readings. We then tested the metal22 detectors to find that they weren't really bringing up23 anything that could have been buried over 3 to 4 feet.2425 We haven't really progressed any further at this26 stage. It is a very, very desolate area. It is very hot,27 and at this stage we're not doing any more until it cools28 down.2930 Q. You mentioned eight people. You've told me about two.31 A. I have a very good friend - he's the metal detector,32 Dominic Lamera; Tony Horn, a South African-Canadian, who is33 a very, very brilliant guy; Bob Urquhart, Airport Manager34 of Geraldton Airport. Most of us are members of the35 Maritime Heritage Association in Geraldton. We have since36 brought in --3738 Q. You have given me six, including yourself.39 A. My son is Kim Cramer, and my grand-daughter Liberty40 Cramer. We have another man now, who is a South African.41 I'm 74. I'll have to think about that, but I'll give you42 his name afterwards.4344 Q. That's seven.45 A. I'm just trying to think. I'll give you the eight46 afterwards.47

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Q. Are you sure about the number?A. Yes.

THE PRESIDENT: Q. Mr Cramer, was your interest in thisstimulated by Mr Samuels' book?A. I beg yours?

Q. Was your interest in this suggestion that there mightbe bodies buried on the beach stimulated by Mr Samuels'book?A. Not necessarily. I had heard this before. Over40 years, I've certainly heard a lot of stuff on the story.This was probably the first written account. I have nevermet Mr Samuels, although I have talked to him on the phone.I have mixed opinions on that. It was just a basis for thestory, and I then followed it up. His partner, GeorgeKarlov, was the person who forwarded me the other two undercopyright.

Q. Have you read the questions that were put toMr Samuels about the views expressed in his book?A. Yes, I have.

Q. He recanted in relation to everyone of them, on thebasis that he had no evidence whatsoever to supportanything he had written.A. I'm fully aware of that. I have made an extensivestudy of the actual confessions, and I find it difficult tobelieve that anybody could write those confessions withouta visit to the site, which is in an extremely remote area.Apart from the first one, which was - I am an associate ofVic Jeffery's, and I spoke to Vic as to what he thoughtabout it. He made two comments that are not in thatparticular book.

LCDR KERR: Q. Before you go on, sir, you referred to"the first one". Are you referring to one of the letters?A. Yes, CMDR Vic Jeffery, I believe.

Q. I understand that, but while you were giving yourevidence, you said "the first one". The first letter thatyou received - is that what you mean?A. No, that would be just the story in the book byJohn Samuels. I spoke to confirm that with Vic Jeffery.Allegedly he was at the meeting when a woman came forward.He spoke of two things that are not in the booklet. One ofthem was that the girl said that her mother stated that her

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1 husband was never the same man after he returned - I could2 not get any more out of it, whether that meant returned3 from the trip or returned from the Army - and that he was4 to turn grey overnight. That's all I have on that from5 Vic Jeffery, who I know personally.67 Q. What you just told us arose from a conversation8 between you and Vic Jeffery?9 A. That's right.

1011 Q. He told you about a meeting he had been to where a12 woman had told him this?13 A. Yes. It was early investigations into trying to get14 together a search for the Sydney. I think that's mentioned15 in Samuels' book - the actual name of the department or the16 committee that was together.1718 I have since questioned him on those and have been19 given several other names of people. I've rung a couple of20 them and really didn't get anywhere with that at all. The21 main clue of the statement made in that area was that it22 was a bay that had two headlands, and unless you've23 actually been there, you would not know it, and there are24 no other bays within 100 miles either side of that25 particular area. Of course, along with the road trip and26 the turning west, that is very, very realistic to someone27 who knows the area very well.2829 Q. Do you recall when this conversation with Mr Jeffery30 was?31 A. Nothing much more than I've told you there.3233 Q. Do you recall when the conversation was?34 A. It was probably two to three years ago.3536 Q. Do you remember where you had this conversation?37 A. On the phone. I met Mr Jeffery at his base in38 Garden Island for half a day and had a long conversation39 with him on various items. I went to meet him, because the40 actual island had a canon that had been retained off the41 Batavia, which the Navy did for us in 1963, and I hadn't42 seen it since. It was very important me for me to relook43 at it and to photograph it.4445 Q. You mentioned that the story that appeared in46 Mr Samuels' book referred to the headlands. I think47 I understand you to be saying that that's a significant

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issue for you, which gives that story some credibility?A. I woul d say so.

Q. You would agree with me, though, wouldn't you, thatanyone who had been there would be able to describe thoseheadlands?A. Yes, I'm sure - not sufficient. I just recognisethat. There are other stories around, which I've checkedup very closely, and one of course is the story of thepeople who noticed the trucks go into False Entranceseveral weeks or fortnights after the Sydney went down.

I've confirmed that with a gentleman by the name ofDick Holt. I went all the way to Shark Bay to interviewhim. I've known him for over 50 years. He's an extremelyhonourable man. He was probably in his teenage years whenhe was working on Carrarang Station. He did not witnessit, but I believe it was his mother-in-law who did and toldhim.

Q. That is Ivy Mallard, is it?A. Yes. I do point out that there weren't very manyexciting things on Carrarang Station in 1941. These arevery honourable people, Ivy Mallard particularly. I feelvery sure of the things that did happen. I also have veryclose contact with the son of the owner of CarrarangStation, who lives in Geraldton. He's about three yearsyounger than me. He doesn't remember any of this, becauseof his age, but he confirms that his father was the lesseeof Carrarang and that Ivy Mallard and her husband were justemployees on the station, that's all.

Q. When did you have this conversation with Dick Holt?A. Probably about three to four months ago.

Q. Is that the first time that you had spoken to himabout it?A. It's the first time I had spoken to him about it.

THE PRESIDENT: Q. Mr Cramer, when did you becomeinterested in this topic of alleged bodies buried on thebeach?A. I've been racking my brains on this. It started withsomebody telling me - and, remember, there have been a lotof rumours around, but somebody told me that airphotographs taken of the coast had all been eradicated outof the film or blackened out. It just raised my attention.

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But, of course, we compare our photo now with GoogleEarth, which is very interesting, to find that many of thethings are very similar. Some things are completelydifferent, but trees on the beach are in exactly the sameposition that they were in --

What kick-started it I don't know. As things wereprogressing to find it, I decided that I would check on thephotograph. I have a cousin who has written a book aboutthe Geraldton Airport and was chasing early photographs.He gave me the address of, I think it's United Photos,where I was able to acquire the photos.

THE PRESIDENT: May I interrupt you for a minute to saythis. A lot of books have been written about HHAS Sydneyand its loss - books by Professor Frame, Mr Olson,Mr Montagu, Ms Winter and Ms McDonald, to name but a few.None of those make any reference to burial of bodies on thebeach. Nobody put any submission, I think I'm right insaying, to the Parliamentary Inquiry in 1997 to 1999 aboutthere being bodies buried on the beach. Is that right?

THE PRESIDENT: Q. The first time that this theoryemerged that there were bodies buried on the beach was inthe book written by Mr Samuels in 2005, so it emerged forthe first time some 64 years after the loss of Sydney. Itis very dependent upon there actually being bodies to bury,because you can't bury a body unless you find it. Thebasis of the theory comes from Mr Samuels, and that dependsupon bodies being seen by people on Cape Otway, becausenobody else has ever suggested that they ever saw anybodies.

That's correct, sir.LCDR KERR:

My first job when I left school was to spend 12 monthsworking for Air Surveyors WA, so I'm fairly familiar withthe process of runs, overlaps and air photography.I sought out and bought the frame that included FalseEntrance and was pleasantly surprised to find that it hadnot been inked out, and left it at that. I didn't doreally anything more with it other than look at it.I couldn't see by buying other photos, and I inquired forearlier photos, but they had nothing, and I haven't beenable to acquire earlier photos.

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1 If Cape Otway did not see any bodies, one has to say2 where did the bodies come from; who found them; and who3 buried them? As presently advised, I should say to you4 that there is nothing to support the Cape Otway story that5 there were any bodies seen by anybody on Cape Otway.67 If that falls down, who is it who found the bodies?8 Who is it who took them ashore, and who is it who buried9 them? It starts with Mr Samuels in 2005. When he was

10 examined before this Inquiry in Sydney a week or so ago, he11 said that he had no basis whatsoever for any of the12 allegations which he made in his book.1314 That means that the bodies on the beach concept15 evaporates. I appreciate your going searching for them,16 but we need to have some evidence of some sort that there17 might even be bodies there.18 A. Can I answer that, sir?1920 Q. Yes.21 A. I was delighted just within two weeks with a very22 large press release where the people have examined the23 actual sinking of the Sydney and the results were that they24 stated finally that there was every chance that 80 per cent25 of the people died instantaneously. It's the first time26 I've heard - I've got all the books you mentioned and I27 have read them2829 THE PRESIDENT: Q. It was 70 per cent actually?30 A. No-one has ever suggested that maybe some people may31 have got off. In my research involving the Batavia,32 Francis Pelseart in 1629 had a boat the size of a lifeboat33 of the Sydney with 46 people and made a three-week journey34 to Sunda Strait without losing one body. We have no35 witnesses at all from the time the Sydney sailed away -36 I've looked at all the German work and all of that - and37 there was a period of four hours. If 20 per cent of the38 people were still alive on the boat, I imagine that, being39 Australians, they would have done everything in their power40 to do something about it. I think by the time we realised41 anything happened and the German lifeboats had turned up,42 we probably never turned an eye towards the possibilities,43 but there is a possibility there. I know you want facts,44 and you are not going to get any facts.4546 The only facts you will get is that I intend to follow47 this through for another couple of months - we are very

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1 close; we have put in a lot of hours. I believe we have a2 few results. There will only be one way we will ever know,3 and that will be to find some bodies. Our most difficult4 position is --56 Q. The only way you'll ever know what?7 A. If we find some bodies and they are to be exhumed - we8 were very moved in Geraldton with the one found on9 Christmas Island; that's what a lot of people have kicked

10 me along on. We intend to keep looking using ground radar11 on some areas. At this stage, because of the size of the12 area, we just can't turn up with some guys because they13 just walk. We have to have some ideas. I'm very neutral14 on whether these confessions are true or not. I will just15 say, ,"Well, they were wrong. "1617 Q. The confessions?18 A. The confessions of a couple of people, through the19 girl and her story to the committee, which is in John20 Samuels' book, the one who wrote to his publisher, and the21 other one that came from the South Australian Lutheran22 Minister, they are out there. I do not have the slightest23 idea of whether they are true or false, but it is an24 interesting project. We're spending our money. We have25 eight fairly prominent people who have also read the26 stories. We're not asking for any money. We're just going27 to follow this through. We'll probably be through it28 by June or July and, if we find nothing, we have nothing to29 lose anyway. If we do find something - there will be some30 people who were very, very moved by the body that was31 buried in Geraldton - if there was any chance of it being32 true, it should be looked at, and I'm prepared to do it.3334 Q. I was rather thinking if there was any basis for35 anyone to suggest that there really were any bodies there36 at all to bury. One of the problems with this is that the37 only suggestion that bodies were found comes from38 Cape Otway. The only suggestion in the Cape Otway story is39 that the bodies were all Australian sailors. We know that40 about 60 Germans lost their lives. And what happened to41 thei r bodi es?4243 If I may say this to you: one view would be that the44 reason why thi s "bodi es" story has kept goi ng is that it is45 absolutely critical if the so-called conspiracy theorists46 want to maintain that the Australian Government was47 delinquent in its efforts in relation to finding Sydney,

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1 but what they don't address is what happened to the 602 German bodies. If they were lost overboard, as the3 evidence seems to suggest they were, and if there were4 bodies from Sydney which escaped, which on the evidence5 seems highly improbable, then why is it that the suggestion6 is that you find only Australian bodies, not also German7 bodies?8 A. I don't need to have the actual bodi es from the Otway9 to be involved in it at all. I'm suggesting that

10 10 per cent of the crew could easily row within two to11 three days towards False Entrance. The land is high, they12 would see that first day out. If they were able to patch13 up one or two lifeboats and row, they would have done, and14 no searches were made until three or four days, and the15 words "False Entrance" mean exactly that. Almost for16 sure - let's put it this way, no bodies from the wreck site17 would have ever washed in that far. They could only have18 come in on a lifeboat or lifeboats.1920 If they came in, by the time they got there they would21 be very distressed and they would see the sandy beaches and22 they would row towards them. Without a doubt, they would23 have drowned getting ashore. It is False Entrance, it is24 an extremely rough area. I have experience of diving on25 the Zuytdorp, which is just south of there. It was found26 in 1927 and it took until 1964 for anyone even to get into27 the water. There were expeditions. We worked out what was28 needed and we made that dive. I have over 60 years of29 experience in that area of diving. I was a builder, but30 I was also a diving contractor.3132 I believe that that's a possibility. I would like to33 follow it through without any further ado and you would be34 the first man to know if we find anything at all. We are35 very lucky; we have a man who has instruments at this stage36 who can use magnetometers. We might have to revert to37 something like ground radar, which either way is not38 disturbing in any form whatsoever and, finally, of course,39 there are dogs in Queensland called cadaver dogs, which I40 believe can come over and search. They have a good track41 record. We will work through with that. If any of these42 work, you'll be the first person to know.4344 I would prefer not to have too much publicity about45 this, because we don't want to be interfered with. If we46 find it, we are not allowed to dig - I've sent you47 information on the rules for the area and we are abiding by

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1 that immensely.23 LCDR KERR: Q. Can I take you back to a comment you made4 about Dick Hoult and you had a conversation with him three5 or four months ago?6 A. Yes.78 Q. He related to you a story he had been told by his9 mother-in-law.

10 A. Yes.1112 Q. Ivy Mallard. What was that story?13 A. Going back to Ivy Mallard, there was a lot of14 contention that she reckons she saw or heard the Sydney go15 down. She was about 120 miles away from where it went16 down. She recorded either flashes or heard noises. I have17 spent more time in my life arguing over that on her behalf.18 Krakatoa was heard in South Africa, and I don't think the19 Sydney going down could be related, but there could have20 been a boom. Bushfires can be seen for well over 10021 miles. If there was a lot of smoke, maybe she saw little22 bits of smoke that grew in her imagination to be a lot of23 smoke, we don't know.2425 Not a lot happened in Carrarang Station in 1941. With26 this other young chap I was able to find out what vehicles27 they had there. She saw Army vehicles go through after she28 saw the Sydney flashes, and they never knew what they were29 for.3031 Q. Go through where, sir?32 A. Through the station. They called for directions to33 the station.3435 Q. Carrarang Station?36 A. At Carrarang Station. It's on the road west of the37 North-West Coastal Highway.3839 Q. You were told by Dick Hoult shortly after Sydney40 disappeared?41 A. I wasn't told by Dick Hoult until just recently. We42 heard that he had been on the station when Mrs Mallard told43 him about it.4445 Q. What I'm putting to you is that Dick Hoult told you46 that Ivy Mallard had told him of seeing the trucks in the47 place shortly after Sydney disappeared?

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A. Yes.

Q. So late 1941?A. That's right.

Q. Do you know when that occurred?A. While he was working there as a teenager. He's knownabout it all his life.

Q. How old is Dick Hoult?A. He would be 80-plus. He's really the uncrowned kingof Denham. I spent nine months of my life in Denham. Hischildren are fishermen there, he was a fishermen there.He's fully retired now, and a very fine gentleman.

been 14 or 15, as a teenager.

figures you've given me, he would

When is it thought that the lady told

Ivy Mallard told Dick Hoult.

In 1941, using thebeen 14 or 15?Yes, he would have

Q. Could we bring up WAM.016.0053. It's a statementMrs Mallard made. This is a copy of a transcript ofinterview between Ivy Mallard and Ean McDonald in thepresence of Ann Penney conducted in January 1992. Ittell s, and I won't read it in full, of Ivy Mall ard' sexperiences on Carrarang Station in 1941, her fears aboutbeing invaded by the Japanese, and the fact that she senther children away to go to boarding school.

Q.haveA.

Q. In 1941 Dick Hoult would have been a teenager?A. Yes. I was 7 when the Sydney went down. I am 74 now,so he would be in his 80s. I don't think I asked him hisage, but he would be well and truly into his 80s now. Hestill has a good memory.

LCDR KERR:

It talks of her and her husband burying petrol andwater drums at intervals on the track at Carrarang Stationso they could escape if they were invaded. She talks aboutan evening where she and her husband Joe were sitting onthe verandah at about dinner time when they heard strangenoises. She talks about explosions; boom, boom, boom;heavy black smoke, and then everything went quiet, and theywaited for people to contact them, but nothing happened.

THE PRESIDENT:Mr Mall ard?

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LCDR KERR: Yes, sir. We have another copy but it is thesame statement.

THE PRESIDENT: Is that the only statement that we havefrom Mrs Mallard?

EXHIBIT #168 TRANSCRIPT OF INTERVIEW WITH IVY MALLARD ANDEAN McDONALD IN THE PRESENCE OF ANN PENNEY, WAM.016.0053.

There's nothing in that statement at all about seeingArmy trucks at Carrarang Station, is there?A. Mr McDonald, did he ask her about that at all?

Do you agree

That document will be exhibit 168.

I'm not asking you that question, sir.me that there is nothing --Yes. I've read that story many times.

Q. Can I take you to the documents that you've providedto us. If we could have COI.005.0220, please, you saidMr Karlov forwarded you some letters said to be frommembers of the burial party.A. Yes, which I've sent to you.

Q. When did Mr Karlov send them to you, sir?A. This all happened towards the end of last year,probably about five to six months ago I suppose.

Q. You gave evidence earlier to say that not muchhappened around Carrarang.A. That's right.

Q. And the trucks would have been a rather significantevent, I suggest. Mrs Mallard appears not to have recordedthat in 1992.A. That's interesting.

She signed that in March 1992. Mr McDonald hascountersigned it as a witness, and I think Ann Penny'ssignature appears above Mr McDonald's.

Q.withA.

THE PRESIDENT:

Q. Sir, do you know of anything else, any other evidence,any other stories about Army trucks being in CarrarangStation in November or December 1941?A. No, sir.

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Q. Do you remember when this was?

Q. Eneabba is E-n-e-a-b-b-a?A. Yes.

Q. Did he tell you where he got it from?A. No.

Q. The person you met in passing who let you read thisletter, who was that?A. A JP by the name of Bruce Teade, he just showed it tome.

that.

of this Commission of Inquiry,After the commencementto six months ago?No, I would say before

Q. What was the place that you mentioned?A. He said that they left Perth and stopped off atEneabba which is on the new road to Geraldton, more of acoastal road. I never put a lot of significance on it,because it probably happened in the middle of the night andhe probably meant Three Springs, because he was probablyaround about 90 now. He probably came by bus and probablyrealised that might have been the place when he wrote hisdocument.

Q.fiveA.

Q. Who had custody of the Pastor Wittwer letter that youwere allowed to read but not keep?A. Somebody in Carnarvon I think it was, just in passingshowed it to me, but I wasn't very keen about it because itseemed a bit of a wild guess. In actually fact he said thetrucks went through Eneabba, but there was no such place asEneabba during the war.

Q. What were the circumstances in which he sent them toyou? Did you ring him and ask him for them?A. We were contacted by a fisherman in Geraldton who JohnSamuels had caught up with. I don't know whether I spoketo Mr Samuels by phone first of all and he gave me George'snumber and George forwarded them to me. I didn't know whatthe rights of copyright were, but he was kind enough toforward them. He only gave me the two. I had read theother one from the Lutheran Minister from someone else, butI was never allowed to take a copy of it - I wasn't tookeen about it, but George confirmed it again.

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Q. Mi d 2008?A. Yes.

Q. And that all happened six months ago or thereabouts?A. Yes.

A. Early in our investigations, probably the middle ofthe last year.

Q. Was there any relationship between the conversationthat you had with the fisherman and the content of the two1etters?

Was this put to Mr Karlov.

This document COI.005.0220 is one of the

No, sir.

THE PRESIDENT: Q. It is a typed, undated, no address,no name document.A. I can understand that.

LCDR KERR:

THE PRESIDENT:

LCDR KERR: Yes.

Q. Was that the same letter, from your memory, that youhave provided to the Commission of Inquiry?A. That's right, yes, sent to us by George Karlov.

THE PRESIDENT: Q. So that I'm clear I have this right,you met a fisherman from near Carnarvon, which resulted inyou getting in touch with Mr Samuels. Mr Samuels put youin touch with Mr Karlov, and as a result of your speakingwith Mr Karlov, he sent you this document; is that right?A. True.

THE PRESIDENT:1etters?

LCDR KERR: Q. The conversation with the fisherman thatgave rise to this, what was that about, sir?A. It had nothing to do with me. My number 2IC, DomLamera, actually knew him. I think there was a lot ofconfusion. I think he met Mr Samuels and asked him if heknew of any graves. Being a fisherman, he knew where therewere some sand spots on the Zuytdorp Cliffs which didn'ttie up at all. It was him who put me in touch withMr Samuels. He's still about, but I wouldn't know thesignificance of him having any bearing on it at all.

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THE PRESIDENT: Yes.

A. No.

Q. Enid from Adelaide, he thought.A. Yes.

Q. He was going to find out, if he could, what her othername was, but we have not heard from him yet about that.

He has been formally asked, sir.LCDR KERR:

THE PRESIDENT: Q. Just going back to that book, thereare three things that LCDR Kerr first put to you. Thefirst one is a confession of a daughter to an old soldieron his death bed. In relation to that, Mr Samuels said thelady's name was Enid.A. Yes, I read that in your documents just recently.

THE WITNESS: But it didn't exempt him from the actualmeeting that took place, because it took place withVic Jeffery. I think the fact that Vic Jeffery's name wasmentioned in that section of the book, I took some noticeof in ticking it up, because I have a lot of time forCMDR Vic Jeffery.

Q. What was it about the conversation that you had withMr Samuels that gave rise to him telling you aboutMr Karlov and then Mr Karlov sending you these letters?A. Mr Lamera gave me I think Mr Samuels' phone number.I had received his book, I had looked at the stuff. Quitefrankly, I wasn't very impressed with the book.

THE WITNESS: I pushed him for that information with theintention of perhaps calling him, because I believe she wasin Western Australia, but he never got back to me on thatat all.

THE PRESIDENT: That's just as well, because he has nowrecanted everything he wrote.

THE PRESIDENT: Q. Then how does Mr Jeffery come intothis?A. He's mentioned in the book somewhere below that it waswhile they were trying to get a committee to look for theSydney that the woman came forward - no name - and gavethat evidence to that committee. Mr Samuels, no doubt,

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interviewed her at a later stage.

Q. Out of Mr Samuels' book?A. Yes.

Q. Putting aside that, the three pages that you'veprovided, did he simply fax those three pages, or did hefax any other pages?A. No, he faxed only the three pages. I had his book,which I copied the rest of the material from.

Q. When Mr Karlov sent you these letters, how did he dothat?A. He faxed them to me. He didn't email them, becausethey were under copyright and I thought that was fairenough, because under emails, they have to come through me,and that's why they have not been handed out. That's whyI refused to send them to you, because they had "copyright"on them.

Q. Going back to these documents,

So did I. Are we going to hear from

We are, sir, yes.

THE PRESIDENT:

THE PRESIDENT:Mr Jeffery?

LCDR KERR:

THE PRESIDENT: Q. Have you spoken to Mr Jeffery aboutwhether he knows anything about this so-called lady whoreceived the death bed confession of her father?A. I have. If he has an address, he didn't give it tome. I don't think he liked being mentioned in the book,quite frankly, but he did acknowledge two things that arenot in the book which I mentioned earlier, that shecommented on her mother saying that the father was not thesame man when he returned. I thought that was very moving,along with the fact that he went grey overnight.

LCDR KERR: Q. Sorry, I'm lost sir; which committee areyou talking about?A. It was trying to raise money. It was called theSearch for the Sydney Group, about 1993. It's been goingon in Western Australia for a very long time, trying to getpeople together to see what they could do about finding theSydney. There have been different committees who havetried to influence the Government, and it took all thattime to get it going.

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1 COI.005.0220 which is the unnamed, undated, typed2 unaddressed document, you can cast no light on it other3 than that you got it from Mr Karlov?4 A. Yes. I have met Mr Karlov personally. I really can't5 comment on him, but he came over as quite an educated6 gentleman. We took him to the site. He is not a terribly7 well man, he has a knee problem. You may have met him, I8 don't know.9

10 Q. I was at school with him.11 A. I was quite pleased to meet him, because you can't12 judge a man on the phone.1314 EXHIBIT #169 UNNAMED UNDATED TYPED UNADDRESSED DOCUMENT,15 COI.005.02201617 LCDR KERR: Q. The conversation that you had with18 Mr Karlov preceding his faxing these to you, did they come19 with any instructions from Mr Karlov? For example, did he20 tell you not to show them to anybody else?21 A. I don't think so. I think he was aware that we had a22 team working and, as I say, we just virtually got23 interested in it as a group. I suppose I would be the24 spokesman, although Dom Lamera does his share of looking25 and talking and we're putting it all together. They are26 very hard workers, and nobody asks for any pay, so we can't27 sack anybody or do anything else.2829 Q. So your entire group has seen these letters; is that30 right? The people that you mentioned earlier on, the seven31 people --32 A. Yes, I remembered one already. He's in the room.3334 Q. Mr Shepherd?35 A. Mr Shepherd, yes, he was on our first expedition. He36 was away for most of the others. I will think of the other37 person's name. He only just filled in. We need four38 people to go on a trip. I wouldn't say it's a dangerous39 place, but if you break down up there, you die. One of the40 rules of being there is that you have to supply your own41 radios that can get you out of it. There are no mobile42 phones or anything. If you break down, they don't want to43 be responsible for you.4445 THE PRESIDENT: The other document that you received is46 this document COI.005.0222; is that right?47

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Q. In detail?A. Yes.

EXHIBIT #170 TRANSCRIPTION ADDRESSED "DEAR PASTOR WITTWER"NO APPARENT DATE, AND BEARING DATE 4/7/2006, COI.005.0222

Q. Have you thought about their contents?A. Yes, just about memorised them in actual fact.

Yes, but that's the one that I also witnessed by thein Carnarvon. He gave me that to read. I asked for abut he refused.

You also got that from Mr Karlov, did

I'll mark this document exhibit 170.

Q.

Yes, sir.

There's no way to tell, sir.

Q. So you've seen that twice - once you received it fromMr Karlov and once you saw it in Carnarvon?A. That's right. One of our members, Mr Eckersley - thatis another member I probably forgot - is a South Australian

LCDR KERR:

Q. Would you agree with me that they are inconsistent?A. In a way, yes. I'm no scholar; I probably would notbe able to pick that. I am a very practical man.

LCDR KERR:

Q. While that is coming up, Mr Cramer, have you readthose 1etters?A. Yes.

Q. Let me ask you this. One letter refers to a convoy oftrucks, another letter refers to two trucks. I'm not atruckie, but two doesn't make a convoy in my book; do youagree?A. He might have been in the second truck looking out theback at the other truck, I don't know.

THE PRESIDENT:

THE PRESIDENT: Again, it's a document headed"Transcription" addressed "Dear Pastor Wittwer" undated, noidentification of who typed or wrote it, but there's a dateon the bottom 4/7/2006. I don't know if that's meant to bethe date of the letter, or if that is a date on the copywhich was made.

THE PRESIDENT:you?A.chapcopy

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and he speaks very, very highly of the Lutheran Minister.Whether that has any bearing on it, because it is a letterto him - he's now deceased I believe, so you don't have towaste your time looking for him.

LCDR KERR: Q. I note in that letter Pastor Wittwer'ssurname is spelt incorrectly.A. I don't think he wrote that letter, so I don't know.

THE PRESIDENT: Q. Did you hear the evidence this morningof Mrs McDonald?A. Yes.

Q. It was to the effect that the persons who it isalleged told Pastor Wittwer something, namely people calledGroesmann, was in truth not a Mr Groesmann, he wasn't onthe Kormoran, and the story had no basis in fact.A. I heard all that before.

LCDR KERR: Q. Apart from the members of your group,Mr Cramer, have you given these letters to anybody else?A. A man that did the last trip - I'm trying to think ofhis name, I grabbed him at the last minute; he's just beenon the last trip - I'll give you that in a little whileafter I think about it.

Q. Have you ever seen anything else to do with PastorWi ttwer?A. No.

LCDR KERR: In respect of those two documents, sir, I haveno further documents and I'll move on.

THE PRESIDENT: Yes.

LCDR KERR: COI.005.0226, if that could be brought up onthe screen please.

Q. While that is coming up, Mr Cramer, you referred tothe precautions that you take when you go through CarrarangStation to False Entrance or nearby. One of therequirements is also to report to the ranger, isn't it?A. Yes.

Q. Presumably, that is something that you do when you gothere?A. Yes.

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12 Q. Do you see that document on the screen?3 A. Sometimes he's unable to catch there, but we are in4 contact with him.56 Q. That's a document that you sent the Commission of7 Inquiry that is now on the screen?8 A. Yes, the photo I have here.9

10 Q. What is the significance of Hidden Valley?11 A. We're looking at absolutely every option we've got,12 and it's one of the early areas that we seem to think would13 be ideal, but each time we go up we change our mind.1415 THE PRESIDENT: Q. Ideal for what?16 A. For burying bodies carried from the beach on17 stretchers. In order to carry a decomposed body on a18 stretcher, I don't really want to imagine what it would be19 1i ke, but it woul d need fai rl y 1evel ground, otherwi se it20 would slip from one end of the stretcher to the other.21 I initially thought that the valleys would be ideal, but22 we've since changed our mind a little on that, because they23 are heavily bushed. As I say, it's nearly 2 kilometres24 across the bay, and each time we go we spend an awful lot25 of time arguing about the possibilities of where they might26 be.2728 We have a drift pattern that we study of where the29 bodies are more likely to have come in from and, believe it30 or not, not to the north but to the south - our prevailing31 wind is from the south, but the air photographs show you32 very clearly that for some unknown reason the waves come33 around and the floats are usually right up in the bottom34 end.3536 Another criteria is that they can't get the bus or the37 trucks that they put the people in, so they wouldn't have38 walked 1 or 2 kilometres other than getting the bodies and39 bringing them over to bury them in one place. That's our40 problem that we have; it is major. We may, by the end of41 this year, be very disheartened and say, "You are dead42 correct, we're wasting our time," but it would satisfy me43 personally to put in some more time, because the feeling in44 Geraldton is unbelievable. We have been to many of the45 memorials and the amount of people who are serious on this,46 it is well worth our effort to put the time in.47

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EXHIBIT #171 MAP, COI.005.0226

EXHIBIT #172 PHOTOGRAPH OF PIECE OF WOOD WITH BRASS WASHERSAND SCREWS, COI.005.0225

THE PRESIDENT: There is a photograph COI.005.0225 of apiece of wood with two screws, and I'll mark that asexhibit 172.

Q. If we could look at COI.005.0025, I asked you if youremoved anything from the area and you said no. In thenext breath you told me that you had in item with youtoday. I asked you if you ever removed anything from thearea.

his metal detector, mainly toof the valleys and theWe have to have special ground

I don't think you need to worry about

I'll mark the photograph COI.005.0226

We had that checked out against wartimeIt doesn't match up at all against anything we

LCDR KERR: Q. There is a person in the bottomright-hand corner of the picture on the screen. Who isthat person?A. That is Dom Lamera withgive you an idea of the sizeproblems we are faced with.radar that is portable.

THE PRESIDENT:that.

Q. When you visit these sites - I think you've said thisearlier - you don't remove anything from the site?A. No, sir. You've probably heard that we found a smallpiece of wood. I actually have it with me today. It wasexciting first up, but it doesn't fit any of our criteria.It could be off a stretcher. The only thing we can say iswith regard to the screws that are in it, my life was inthe bui 1di ng industry - I started work in 1950 or 1951, andthere was nothing like that around, so it is probablypre-wartime. Of course, it could be one of a millionthings that washed up on the beach and just lodged itselfthere. I sent it over to Samuels to have tested andI never really got a report back on it.

THE PRESIDENT:exhi bit 171.

THE WITNESS:stretchers.can locate.

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LUNCHEON ADJOURNMENT

<THE WITNESS WITHDREW

THE PRESIDENT: Yes.

Q. As far as you are aware, it's still with Mr Karlov?A. No, I have it here with me.

Very well, thank you very much.

We will adjourn until 10 to 2.

I have nothing further, sir.

THE PRESIDENT:

THE PRESIDENT:

Q. Mr Cramer, is there anything else you want to tell me?I've listened carefully to what you have to say, andI understand the material that you've placed before me. Isthere anything of a more concrete nature that you can placebefore me which might suggest that there are any bodies inthe area you are suggesting?A. Not really.

Q. You had a test done?A. I never got a report on it. I had to almost demand tohave it sent back. I knew that I would be meeting with youpeople today. I personally didn't place any significanceon it. It didn't come out of any area suitable for graves.It was virtually something that could have washed up on thebeach.

LCDR KERR:

LCDR KERR: Q. This piece of wood with the screws in it,you sent that to Mr Samuels?A. We sent it to Mr Karlov for testing.

LCDR KERR: Is that a convenient time, sir? I'm about tocall Mr Shepherd.

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UPON RESUMPTION:

My real interest came back when I was out witha crayfisherman and we found an anomaly out off Dirk HartogIsland. We were off Quoin Head in the shipping lane, and

Q. Sir, your interest in HHAS Sydney and her loss startedwhen?A. When I was 11 years of age.

[2.00pm]

Could you please tell this Commission ofname, your address and your occupation?is Philip George Shepherd. My address is

Q.fullname

Si r, I call Mr Phi 1i P Shepherd.

<PHILIP GEORGE SHEPHERD, sworn:

<EXAMINATION BY LCDR KERR:

Q. Mr Shepherd, when did you begin to take a more activeinterest in terms of research and trying to find out aboutthe matters that concerned you?A. I went back to live in Carnarvon in 1953. There wasa lot of chatter around in those days about what happenedto the Sydney, various things like that. I didn'tparticipate in any research or anything at that stage. Onand off through the years, I have taken interests atvarious stages. When I retired, I shifted to Shark Bay andlived there for 10 years, and I have a fair bit ofexperience with being at sea off the coast of WesternAustralia between Geraldton and Carnarvon. I used to goout with crayfishermen and cook for them, would youbelieve.

LCDR KERR:Inquiry yourA. My full

LCDR KERR:

I have no occupation. I'm a pensioner.

Q. How did you come to be interested in it?A. I was a ki d at school. I was mad keen, and wanted tobe a sailor. I saw a lifeboat from Kormoran that wasbrought down by the Koo7inda displayed in a building herejust near the Perth Town Hall. It was there to raise moneyfor war saving certificates. I went over it with as muchof a fine-tooth comb as I could, and from that point oftime I became very, very interested in the Germans thatkilled my compatriots, Australian citizens. I now hold nogrudges against them at all.

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1 there was about a 500 foot by 50 foot anomaly laying across2 the drop-offs out there, which attracted my interest.3 Unfortunately, at that time I didn't take any GPS readings4 or any actual readings themselves off the lighthouse or5 whatever. It just sat there in my brain.67 Some time later when I was thinking about it, I put it8 on to my map, my chart, and I looked at it and I thought9 this could be Kormoran. For some reason - I don't know

10 why - I picked Ko rmo ran , but I thought this could be11 Kormoran. So I asked a few questions of various people.12 I told my story to the Geraldton Guardian. The story was13 published in the paper. I was then contacted almost14 immediately by Dr Michael McCarthy from the West Australian15 Maritime Museum.1617 He wanted all the details of what I had there. He18 then asked me to do what I thought might have happened, do19 a drawing, and tell the story again of what I was seeing,20 which I did. I believe he still has it in a record in his21 office down there. I was wrong, by the way.2223 From that point of time, I listened quite carefully to24 what things were being said about it. There was also25 a gentleman up there. I was vice president of the bowling26 club. This gentleman was the president of the bowling27 club, and he pulled up a piece of wreckage off near the28 same area where I had seen this anomaly. He would never29 tell me exactly where it was, but I knew that it was30 a piece of wood with a copper bolt through it. I actually31 saw it on one occasion briefly.3233 From that point, I suppose I became more and more34 interested in it. In 1988, I thi nk it woul d have been,35 I was following the stories of the Germans who came to36 Carnarvon. It just evolved virtually from that over37 a period of time. Then in 2003, David Mearns came to38 Western Australia. He gave a talk on the ABC. I listened39 to it. A journalist in the Sunday Times in Perth said he's40 a bounty hunter. So David Mearns by that stage had gone41 back to England, so I emailed the story from the Sunday42 Times to him and we formed a working relationship, or43 a friendship, if you like, from that point of time.4445 Q. Since then, you've generated a greater interest, have46 you?47 A. It has been a consuming interest.

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Q. The interaction you referred to with Dr McCarthy, doyou remember when that took place?A. I would guess early 2003.

Q. That was at about the same time that you wrote thearticle that you referred to?A. Yes.

Q. Could we bring up, please, CORR.002.0215_R. You havemade a number of submissions, parts of submissions, to thisCommission of Inquiry?A. Yes.

Q. If you would look at the screen in front of you, thisis a copy of your first submission submitted on 21 May2008. Do you see that?A. Yes.

Q. In that submission, you made two submissions onHHAS Sydney to the Commission of Inquiry. At the firstparagraph below the last line of blacking-out, you say:

It is my submission that the remains of anunspecified number of the crew of HHASSydney II were buried by an Army party nearDulverton Bay on Carrarang Station inWestern Australia in ... 1941.

A. Yes.

Q. Secondly, you say in the next paragraph:

It is my further submission that theHaster's Official Logbook, of theSS Cape Otway 1937-1941, has beeninterfered with to remove reference tocertain events which potentially occurredbetween 2pm on Honday, the 1st of December1941 and 6pm on Wednesday, the 3rd ofDecember 1941, during the southboundpassage of the lighthouse tender vessel,SS Cape Otway.

A. Yes, sir, at that time that was my honest belief.

Q. Those are the two primary submissions that you made in

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that submission?A. Yes.

Q. I want to ask you firstly about the next paragraph,where you say:

The events referred to relate to evidencegiven in April 1998 to the DefenceSubcommittee of the Joint StandingCommittee on Foreign Affairs, Defence andTrade, ref: HHAS Sydney Inquiry.

A. Yes.

Q. Putting aside the difference between submissions andevidence, that paragraph, as I read it, is intended toapply only to your submissions about the SS Cape Otway; isthat correct, or do you contend that there was evidenceand/or submissions put before the Parliamentary Inquiryconcerning the burial of bodies?A. It relates to the evidence of Jack Heazlewood.

Q. If I could ask you now about those two primarysubmissions, we'll start with the second one first - yoursubmission that the master's official logbook of theCape Otway had been interfered with - it's true, isn't it,that this morning you attended an office with me andMr Ralph from National Archives where Mr Ralph showed youthe Cape Otway logs and you had a chance to examine them?A. Yes, I examined them. They are not in the samecondition as they were when I first looked at them.

Q. And you have heard the evidence given this morning byMr Ralph and the evidence that was put on the record aboutthe Cape Otway's log between 1936 and 1941?A. Yes. You and I have already discussed this, andfurther down in my submission I put those questionsbasically to you, and by letter you asked me to point outthose areas of the log which I believe had been interferedwith. I have done that in my second submission. I gaveyou all those details.

What you showed me this morning - I now thank you fordoing what I asked you to do in my original submission,which was to look at this log, and I think if you turn downthe page a bit further you'll see where I've asked10 questions of the Commission to investigate those various

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elements.

When McCarthy wrote back to him, he didn't answer that

Q. You are referring to the second page.A. And you've done that, so thank you very much.

From then, Mr Heazlewood became credible. Hisevidence to the Inquiry that was first referred to in thethird paragraph became a credible level of evidence as faras I was concerned. So I went further and I obtained hisletter to Dr McCarthy in which he asks Dr McCarthy variousquestions. He tells him the story and he also identifiesthe person who presented himself as CAPT Aubrey Baddham andhe described him. He asked Dr McCarthy, "Do you havea photograph of this person?"

you anyof theis said,

anything in the log which causesHHAS Sydney? The only relevancewhether or not she sailed, as it

Q. But is thereconcern regardingCape Otway log isamongst bodies.A. You can't read it in isolation, sir. You have to lookat it in a wider spectrum. If you look at it in isolation,I could not agree more with what you are saying. When youlook at it in a wider situation, the elements interweave toa certain extent. For instance, the elements concerningHeazlewood, I was rather doubtful about Mr Heazlewood'ssubmission to the Commission, the DFAT Inquiry, so I lookedhis military service record up and found that he was infact a member of the RAN; he did serve on the doomeddefence vehicle, Lanikai. The Lanikai was a vesselI recognised, because I had seen it in Fremantle.

THE PRESIDENT: Q. So what is your position now on theCape Otway log?A. My position, sir, is that there are elements of theCape Otway log which don't add up, if you like. I'vepointed to them. There are entries made - and I can giveyou the actual entries, if you wish. One of them inparticular points to a date that the Cape Otway couldn'tpossibly have been in one position; the resignation of anofficer in Brisbane, when Cape Otway was in fact betweenCairns and Timor - there's a whole lot of little errors, ifyou like. Sometimes I wondered whether the captain wasdyslexic, actually, with the date changes and that. Thereare elements of the log that still require someexplanation.

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1 but he said that he had heard from other sources the story2 of the Cape Otway, so it wi dened the fi el d. I di dn' t go to3 Dr McCarthy and ask him his other sources. I just accept4 that what Heazlewood said was credible. In my terms of5 reference, the way I work, I look to see if something is6 logically possible. If it's not logically possible,7 I don't throw it out the window; I put it aside; or if it8 is absolutely ridiculous, I dismiss it.9

10 But when you bring these elements together, that then11 makes a credible story, that it was logically possible that12 the Cape Otway did see some bodies. So I then went looking13 for the Cape Otway log.1415 Q. Logically possible because there was a statement that16 Mr Heazlewood had made that somebody in a hotel, who he17 identified as being the Captain, possibly accompanied by18 the First Mate, who said that they had sighted some bodies;19 is that right?20 A. Yes. So, as I say, I then checked on the authenti ci ty21 of the person who made that statement. I obtained the22 letter that he wrote, the signed letter, in 1994.2324 Q. I understand that. So you formed the view that25 Heazlewood was a man on whose statement you could rely?26 You formed the view that you could rely on the statement27 that Mr Heazlewood had made?28 A. No, I never formed the view that I could rely on the29 statement. I formed the view that it was credible.3031 Q. Credible?32 A. It was logically possible, because then when I went to33 the Cape Otway log, I found that the Cape Otway had come34 down the coast from Carnarvon on a southbound voyage35 between I think 1 December and 3 December 1941. Then, when36 you do a further construction, I knew, having been at sea37 plenty of times down that piece of coast, how the38 Cape Otway operated and I knew where it went.3940 You really need to know a little bit more about what41 the sea conditions are like off that particular coast. If42 it was to stand off about 5 to 7 nautical off the coast, it43 was in a position to be off what is now called the Zuytdorp44 Cliffs. The Zuytdorp Cliffs weren't named until 1951. We45 just call ed them "the cl iffs" in those days. We had46 nicknames for all the spots. The thing that we call False47 Entrance is actually Dulverton Bay. The thing that lay

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north of that that we call Crayfish Bay is Epineux Bay.

So you have to take little bits like the fact thatpeople talk about Cape Otway being off the Zuytdorp Cliffs.In 1941, it wasn't off the Zuytdorp Cliffs; it was off thecliffs, and the cliffs could be anywhere from Steep Pointdown as far south of Kalbarri to Wagoe Beach. There areonly two entrances, two places you can get ashore in thatarea: one is in Dulverton Bay or False Entrance; the otheris into the mouth of the Murchison River, which isKalbarri.

Further, when the Cape Otway travelled down, it cameinside the Abrolhos and went down the Zeewijk Channel. Italso stood off Shoal Point - or it didn't stand off; itsteamed past Shoal Point. The night that it came down wasthree nights before the full moon, and visibility inthose days would have been quite brilliant if there wasn'tweather around.

So it all adds up to the fact that it was logicallypossible for the Cape Otway to have come down the coastfrom Carnarvon to Geraldton and, in its transit, have seenthose bodies. It is not illogical to have that thinking.It is logically possible that that could have occurred.The bodies didn't get there. If there were bodies there,they didn't float in from the wreck of the Sydney.

I understand that all the bodies, all these men fromKormoran, were accounted for. The men who died werevirtually locked in their burning engine room by thecaptain, because he was afraid of mines blowing up.

Q. No, there weren't. There were 80 who lost theirlives, in round terms, on Kormoran; 20 of them probablydied on the ship and 60 were lost overboard.A. Were they? I don't have that information.I've read, the majority of the men who were lostlocked in the engine room by a decision that themade, with some regret, obviously.

Q. Can I take you back to where we started. What thatmeans is that you have considered and come to the view thatit was possible that Cape Otway was in a particular area?A. Yes.

Q. So you then went to the logbook?

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A. Yes, I sought evidence from the logbook to see ifI could find anything from the logbook.

Q. There is nothing in the logbook that suggests thatanyone on board her saw any bodies.A. I could find nothing in the logbook to that effect,si r.

Q. Right. So what was your next process of reasoning?A. With respect to what?

Q. The logbook.A. I went through the logbook carefully, and as I haveexplained in my second submission, or I asked theCommission to look at various elements of the logbookbecause I couldn't find the detail that I would haveexpected to find on a logbook that had nothing happen toit.

If Cape Otway was in a normal transit betweenCarnarvon and Geraldton at that time and nothing happened,then there was no reason for that logbook to have anyanomalies or any inaccuracies in it, from what I could see.When I looked at the logbook in those days, the elementthat LCDR Kerr has illuminated this morning to me, I acceptthat fully. I now understand that there was a change,obviously, in the way that that was put together within thelogbook.

When I looked at it in the first instance, it wasobvious that those pages had a different serial number fromthe pages of the major part of the logbook.

Q. Of course they did. It was perfectly obvious thatthey had been inserted.A. But, sir, there's nothing to indicate in the logbook ­there is a stamp. I have now checked, and there is a stampon the front of it that gave a clue, but that wasn't verylegible and I didn't understand at that time that that hadoccurred. So it presented to Mr Average Researcher ananomaly with the book, so I then went further --

Q. You now recognise that there is no anomaly, asI understand you, do you?A. Well, can I take you to page 11 of the book, sir?There are date anomalies in the book.

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1 LCDR KERR: Q. Are you referring, sir, to an entry in2 the log at page 11, which is NAA.028.0068, and can we3 scroll down to line 7. On line 7, you will see there is an4 entry for what looks like the 16th of the 12th 1940, at5 8.20am leaves Carnarvon, and across the page, 20 December6 1940, arrives at Fremantle.7 A. No.89 Q. Excuse me, Mr Shepherd. On the next line down, there

10 is an entry that appears to be the 11th of the 2nd or the11 3rd 1941, at 5.30pm the ship leaves Fremantle, and on the12 right-hand side of the page it says that the ship has13 returned to Fremantle. From the date that is entered14 there, it says it did this on Christmas Day, 25 December15 1941. That's the anomaly you're referring to, sir?16 A. Yes.1718 Q. It is obvious on its face that it appears to be an19 error, but what do you say the significance of that error20 is, if it is an error, to the loss of HHAS Sydney or21 whether the SS Cape Otway did or did not sail through22 bodies on the West Australian coast?23 A. I don't draw any conclusion from it, sir. I look at24 it and I say that that doesn't fit. That is an anomaly.25 I don't draw a conclusion from it.2627 Q. On the same page further down, I think the other error28 that you refer to as an error in this log appears on the29 fifth line from the bottom of that page, or more correctly30 involves the fifth line, "On 31st of October 1941 at 7am31 the vessel left Thursday Island, arriving on the 12th of32 November 1941."33 A. The relevant line is the line before that.3435 Q. "Left Cairns 22-10-41, 6am. Arrived Thursday Island36 30-10-1941." Do you say that that has some impact because37 of the entry on page 5 of the log, at line 74, which38 involves "1st Mate", and I think that is a "c" or "G"39 "Pedersen", "Di scharged Sri sbane 29 -1 0-1941". Mr Shepherd,40 you say that "29-10-1941" falls within the time period that41 SS Cape Otway was at sea between Cairns and Thursday42 Island?43 A. That's right. That's what the log says. I don't44 bring these up as anything more than to point out that45 there are anomalies in the log that, as an average46 researcher, hit you in the eye. In fact, I understand that47 you can make errors in a log. I understand all those

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1 thi ngs. But when I fi rst looked at thi slog, I hel d2 a genuine belief that there had been interference. I asked3 the Court of Inquiry to look at that and I asked them4 specifically to find if such interference represented -5 I can't think of the words now67 THE PRESIDENT: Q. Well, Mr Shepherd, to cut to the8 chase, let me say this to you: there may be or there may9 not be what I shall call casual errors of date or notation.

10 A. Yes.1112 Q. It would be surprlslng, perhaps, if there weren't.13 The two matters that so far have been pointed out to me, on14 any view, have absolutely nothing to do with HHAS Sydney.15 A. I never said that they did, sir.1617 Q. Well, then, you may take it that I really don't want18 to hear about things that have absolutely nothing to do19 with HHAS Sydney or its loss.20 A. I understand you were asking me questions about the21 anomal i es in the log.2223 Q. I now understand those. But I thought that the24 anomalies had something to do with the loss of Sydney, and25 on the face of it, those do not.26 A. Yes.2728 Q. Now, my understanding from reading your material was29 that you initially had a view that the log had been30 tampered with, but my understanding is that, as a result of31 your discussions with LCDR Kerr this morning, you no longer32 take the view that it was tampered with, although you do33 point to the fact that there are in it what I have called34 might be casual errors. Is that a fair summation or not?35 A. I haven't really had sufficient time to sit down and36 go through it after LCDR Kerr told me what they found out37 thi s morni ng. That was sprung on me thi s morni ng. I 1i ke38 a little bit of time to absorb these things and just to see39 how logically possible it is. I accept, sir, that there40 was the insertion in the log, which I referred to in my41 original submission was done under Government orders. It's42 logical. It is quite logical that that happened.4344 I queried the voided page. That has been explained.45 I thank the Inquiry for explaining that. I suggested from46 the very beginning that there was a tenable argument as far47 as CAPT Thomson turning over those pages 35 and 36 as one

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page. I put that to LCDR Kerr in Sydney when I spoke tohim.

I also was aware, sir, that the Cape Otway laid upover the Christmas period. I'm quite familiar with theCape Otway. I've seen it. It was a terrible little ship.It was a purpose-built ship. Yes, it wasn't a prettylittle thing. It worked the lighthouses.

LCDR KERR: Q. Sir, do you accept that it is logicalthat when the Master of Cape Otway turned page 35 to 36, hepicked up two pages in error.A. It's a tenable argument.

THE PRESIDENT: Q. It's obvious that that's what hashappened, because you get to page 50, and it says, "Go backand see page 36", and they continue the log?A. That's what it says at page 50, yes.

LCDR KERR: Q. Page 50 says to go back to page 36, andpage 36 is chronologically consistent with the last entryon page 50, isn't it?A. That was what I put to you, sir, in Sydney. I said itwas a tenable argument that two pages had been turned atonce and that they had used their other page.

Q. Do you accept that that's what happened?A. I don't know. I wasn't there.

Q. Your second point in your first submission is thatCape Otway sailed through bodies. Having heard theevidence that you've heard yesterday and today, what isyour position on that?A. I don't dismiss it.

Q. Where do you say that it occurred?A. Between Carnarvon and Geraldton.

Q. Can you be any more specific than that?A. No.

THE PRESIDENT: Q. What is the distance betweenCarnarvon and Geraldton?A. A bit over 200 - well, if you measure going in, 200,220, 230 nautical.

Q. Miles?

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Q.

A. Yes.

Q. At the top of the page, Mr Shepherd, you say:

Aerial search from Geraldton commences at0800 Tuesday 25 [November]

I would like you, sir, to keep that datethe top of the page. You say in that

Could we please bring up CORR.006.0053.

LCDR KERR: Q.in your mind atdocument that:

It shoul d be the 24th, I thi nk, shoul d it not be?A. 24th was the Monday. I think the search started onthe Tuesday.

Q. If you look at the screen, do you see your pointnumbered 2?A. Yes.

THE PRESIDENT: Q. Point number 2 says "25 November".I think that should be the 24th, should it not?A. Pardon?

When the following factual recordedsequence of events is considered, a logicalpossibility exists that the SS Cape Otwaysighted the remains of crew members of HHASSydney II on Tuesday, 2/12/1941.

Q. I said you don't give a location in those points or inthat explanation on that page, do you? You don't givea location?A. No.

Q. Yes.A. What did you say?

A. Mmm.

LCDR KERR:

Q. Then you list five points that you rely on. You don'tgive a location in those points or in that explanation, doyou?A. Are you asking me a question, sir?

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Q. The ocean floor, after they had sunk.A. Si r

... a logical possibility exists that thebodies were sighted on Tuesday, 2/12 ...

The alleged sighting of bodies by theCape Otway, which as a point of interestwas approximately 7 n/miles off SandalwoodBay at 0730 hours WST on 3/12/1941 ...

That's a different time than what you stated in the earlierdocument.A. It is another logical possibility. I don't retracteither of them. They're both logically possible.

on thedeep,in the

At the top of thatsubmission submitted on

they talking aboutabout 2,500 metresabout water that's

Q. So your thesis is that --

Q. Now, you may not accept that, but that's the evidenceto date before this Inquiry.A. Well, might I ask where areocean floor? If they're talkingI accept that, too. I'm talkingorder of 50 to 70 metres deep.

Q. Mr Shepherd, I've heard a lot of evidence from someexperts a week or two ago, who told me that it wasimprobable in the extreme that any bodies would have risenfrom the ocean floor.A. From where?

THE PRESIDENT: Q. It is logically possible only becausethe ship was there. It is logically possible only becausethe ship was sailing that route.A. Yes. The places that had the potential for bodies towash ashore were Zuytdorp, False Entrance and south ofWagoe near Shoal Point.

Q. Do I understand you to be saying that it is logicallypossible that Cape Otway could have sailed through bodiesanywhere off the coast between Carnarvon and Geraldton?A. It is logically possible that it sighted themsomewhere off the coast between Carnarvon and Geraldton.

If we could bring up PTE.004.0180.page, which is an extract from your24 August, you say:

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A. It's not a thesis, sir.

Q. Or boat?A. A boat.

Q. So if there were bodies there, they came from someother vessel?A. No.

Q. Right, and is it impossible for the bodies to havecome from the Kormoran where she sank?A. It is impossible for the bodies to have come from theKormoran where she sank.

the bodies did not come from Sydney; the shipbut came from a boat?is impossible for the bodies to have come from thelocation of Sydney.

Q.itself ,A. Itsinking

Q. And what is your thesis about which boat it was thatthey came from?A. Sir, I don't like the word "thesis" very much. It isa logical possibility that one of the four boats that havenot been accounted for, one or all of the four boats thatare not accounted for from the wreck of Sydney, could havegot ashore and they could have carried men from the Sydney.In my mind, there is no doubt that men got off the Sydney.We know one did - the man from Christmas Island. He gotoff, and he got into a Carley float.

Sir, people say that it was impossible to get peopleoff Sydney. Can I take you back to a gentleman whom I knowvery well. His name is Charles Pasisto Thompson. CharlesPasisto Thompson is a person in whom I have impeccabletrust. I shared many secrets with him. He was a member ofthe crew of HHAS Perth, which sank 101 days after theSydney in the Sunda Strait. Charles Pasisto Thompson wasan engine room artificer. He jumped in after the secondtorpedo hit, into the ocean. He got ashore. He survived.He's one of the 200-odd men that got off Perth and survivedthe prisoner-of-war camp and returned to Australia.

That man I asked what were the chances of men fromSydney getti ng off, and he sai d, "You've got to be born inthe 1920s to know what you do when you are under that muchpressure and you're looking death straight in the face."So on that basis, I believe that men did get off Sydney.

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Q. The captain who said that it was -­A. Captain who?

There is some evidence that a boat was lowered from theSydney.

Q. Which person are you referring to?A. The expert.

So on that basis, it is logically possible that mengot away from the Sydney and that men came ashore, or triedto get ashore, and were drowned in the process.

Could we bring up SUBM.007.0159.

Yes, you go on.

Q.

THE PRESIDENT:

LCDR KERR:

Q. While it is coming up on the screen, Mr Shepherd, canI ask you if you have read the evidence that was given bya lieutenant in Sydney in respect of the weather conditionsthat were in effect on 19 November 1941 and the evidence ofthe captain who gave evidence after him, who talked aboutthe logic of lowering a boat on the port side in thatweather or in those sea conditions? Have you read that?A. I did, actually. To be quite honest, that person hasnever been to sea out there. That person has never been tosea out there.

Q. No doubt we'll come to that, but --A. Sir, on that basis, if men got off Sydney, they wouldnot have been in very good condition. As you heard thismorning from Mr Cramer, it is quite possible to come infrom the wreck of Sydney in a boat - row, motor, sail,whatever - to get to shore close to either Dulverton Bay orFalse Entrance, or further south. If men got away fromSydney, if there were any West Australians amongst them,they would have had no doubt what faced them if they triedto get ashore on the cliffs, because it is impossible toget ashore in the weather conditions in November, to get onto those cliffs between Steep Point and Wagoe Beach downthe bottom. You can get in the river at Kalbarri if youknow how to get into the mouth of the Murchison. You canget into Dulverton Bay, but you'd be tipped over if youwere in a small boat going in there, it's that sort ofplace to get in. Once you get in, you are safe, but I amtalking about if you get tipped over coming in there.

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Q. CAPT Bairstow.A. Has he been to that area?

Q. I have no idea, sir, but he gave evidence. He is anexperienced Naval seaman officer of Captain rank, and hehad command of a West Australian-based ship, so I think itis beyond any doubt that he would have sailed this ship inthat area. He gave evidence that an experienced captain,in the sea conditions that were apparent on 19 November1941, at the time of the encounter, would not lower a boaton the port side.

THE PRESIDENT: Q. Never mind about that. I just wantto understand what you're saying. You're saying this:Otway was sailing down the coast off these cliffs thatyou've describedA. Yes.

Q. -- between Carnarvon and Geraldton. That's the firststep. The second step is that it is possible that, asSydney had nine boats, five of which are now on the seabedand four of which are unaccounted for, some persons onboard Sydney got away in one of those boats. That's thesecond thing. The third thing is that if they did that andthey approached the cliffs, they would have known, if theywere from Western Australia, that they couldn't land, and,in some circumstances - sea conditions, leaking boat,whatever - they drowned. That's the third thing. Thefourth thing is that there may have been bodies in thewater at this time when Cape Otway passed through it. Isthat right?A. Yes.

Q. And that is the basis on which you say that it islogically possible that persons on board Cape Otway mighthave seen the bodies in the water, and that, you say, isconsistent with or confirmatory of the account thatMr Heazlewood gave of having been told by people in a hotelin the south of Western Australia that officers on boardCape Otway had seen bodies in the water?A. That is one of the elements, yes.

Q. I understand that aspect of it. Is there anythingelse that you have which would support the view that therewere bodies in the water that might have been seen byCape Otway?A. Yes. There is evidence that what was described as

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a whaler-type boat came ashore at Shoal Point. There isevidence that a debris field came ashore in the samelocation as that boat. Currently, I am endeavouring tofind out more about that.

Q. Your suggestion is that this whaler, which was clinkerbuilt, I think from your statement, may have come fromSydney?A. I asked the question of a person if it was clinkerbuilt. I suggested that it might have been clinker built,clinker-built whaler, yes. It is logically possible thatthis boat came ashore near Shoal Point.

Q. Now, what's the evidence that a whaler came ashore?A. The evidence, sir, is that this boat was seen bya person from Balline Station, which is just north ofShoal Point. He was a very young child at that stage.

Q. Is this the person aged 4?A. He was aged 4. I have spoken to the gentleman.Unfortunately, he is no longer with us. He confirmed whatwas said. It was under a canvas and it was taken away. Mylatest information is that it was taken up the Hutt Riverand burnt.

Q. So the evidence that a whaler came ashore is therecollection, later repeated, of something a person sawwhen they were 4?A. Yes.

Q. Is there any other evidence?A. Yes. His father rode to Northampton and reported itto the police.

Q. Reported to the police the finding of a whaler?A. He reported the boat coming ashore.

Q. Is this the same incident or a different incident?A. It's the same boat, sir.

Q. So we have the recollection of a 4-year-old and wehave the father of the 4-year-old riding to Carnarvon, didyou say?A. Northampton.

Q. Northampton police station and reporting the arrivalof this boat?

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1 A. Yes. I've tried to follow that up, the report.2 I obtained a police report regarding a JF Crowe, who was an3 officer in the police station in Northampton. I have4 searched the Battye Library in Perth here for evidence of5 police daily occurrence files for Northampton and Geraldton6 for that period. I have not found them, but I have been7 told that they were destroyed. I can't confirm that.8 I went to a policeman friend of mine, who was able to check9 for me in the police archives in Mayland, and he said,

10 "Those files are missing," so I can't verify it.1112 Q. So you cannot confirm that there was a report made to13 the police?14 A. No, I can't confirm that, sir.1516 Q. So how do you know or suspect that such a report was17 made to the police?18 A. By the evidence of Mr Forrester.1920 Q. The 4-year-old boy?21 A. No, his father. That evidence has come through, that22 his father rode to Northampton and reported it.2324 Q. So have you spoken to the 4-year-old boy, now grown25 up?26 A. Yes.2728 Q. And you've spoken to his father?29 A. No. His father's dead.3031 Q. Well, how do you know that he reported it to the32 police?33 A. Sir, about four years ago I wrote an article in the34 Northampton News.3536 Q. I've read that.37 A. And I put a proposition to the people of Northampton38 regarding that. I got a lot of feedback from that article.39 When I put the feedback together, there was a theme that40 comes through which supports that view or that contention.4142 Q. The question I asked you was: how do you know that43 the father made the report to the police, because you can't44 verify it by looking at the police records; you haven't45 spoken to the father. Your response was, "Well, I wrote an46 article and I got feedback." How does that support the47 view that the father reported the boat to the police?

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NY 00215 --

Ny 0021 Z/28 to "Evagoras", "Cape Otway"

something unreadable

That's the message.

What you couldn't read is "0021". SoQ.

The signal you're referring to isWe will put it on the screen.

Q. Is that the signal you're referring to?

A. There was more than one person who told me about thatsame story.

LCDR KERR:A. Yes.

Q. You are referring to a signal that originated from theNaval Board directed to DNO WA, the District Naval Officeat WA?A. Yes.

to "Evagoras", "Cape Otway" should alsosearch if in vicinity.

THE PRESIDENT:it reads:

Q. In that signal, Naval Board referred to an earliersignal sent to Evagoras and also said in that signal thatCape Otway is to join the search if she's in the area; isthat a correct summary?A.

LCDR KERR: Q. Mr Shepherd, the final point to do withthe SS Cape Otway is your submission and assertion that shewas directed to leave the area where you say that she hadseen those bodies. My first question, sir, is that if youare unable to identify where Cape Otway saw these bodies,how is it that you are able to say that she was told toleave that area?A. I can't say for definite that the ship was directed.I asked that question in my request. There is a documentin which two ships were advised - I think you have it;I gave it to you. Evagoras and Cape Otway were asked tosearch the area if they were in the area. That was donevia District Naval Office, I think. It was done by SWACHand it was done by District Office.

THE PRESIDENT:NAA.026.0155.

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Q. This one reads:

A. Yes.

should also search if 7n vicinity.

A. I read that as "30", sir.

I thi nk it is" 30" .

Q. One was sent at 0821H, and the second --A. I think you'll find that's 26.

Q. Well, that's what the signal said.A. I know. That's ridiculous.

LCDR KERR:

Proceed immediately to position 21 degreessouth 50 [sic] degrees east and search foraeroplane.

Q. Would you now put up, please, NAA.026.0159. That isthe signal which was referred to in the previous one.A. Oh, is it? Yes.

Q. But you appreciate that it had nothing to do witha search for Sydney?A. I can't quite see the connection, sir, because thissignal is dated, "Time received 27/11/1941". It was sent28/11, the second signal.

Q. And they asked Evagoras to take part in that. Theythen sent out a signal and said, "If the other vessel is inthe area, it shoul d go and search as well." They weren'tlooking for Sydney. They weren't looking for survivors.Those two were looking for an aeroplane which had gonemissing.A. They wouldn't have found it, sir, at 30 east. It's 21south 30 east. That's an impossible situation.

THE PRESIDENT: Q. "30 east and search for aeroplane".Just so that you're aware, what happened was this: therewere a number of aeroplanes which were engaged in thesearch for HHAS Sydney. One of them got into trouble andhad to land. The Air Force then mounted a search for theaeroplane.A. Yes.

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Q. I think you'll find it's 28.

They [being Cape Otway] radioed somebody.I don't know who they radioed.

That's a statement of assertion, isn't it, sir?A. I don't know who they radioed. I asked the question.Was it the Navy?

THE PRESIDENT: Q. Do you have any evidence at all thatCape Otway sent a radio signal?A. No, I don't have any evidence, sir.

theproducedsent

you that we have searchednone, and no-one has everit is that people say she

Q. Yes.saying it was received the day before it

I read it as 28, sir.

Q. Also in your initial submission to theof Inquiry which I referred to earlier, you

It is my submission that the remains of anunspecified number of the crew of HHASSydney II were buried by an Army party nearDu7verton Bay on Carrarang Station in

LCDR KERR:

THE PRESIDENT:A. Well, it'swas sent.

LCDR KERR:Commissionsaid:

Q. Let me just say torecords and we can findany. I just wonder whya signal.A. Well, it intrigues me also, until I found out that theTrocas, for instance, when it found a raft a little bitfurther north of this area, didn't radio Western Australia,either; it radioed C-in-C China, and they contacted DNO.

LCDR KERR: Q. Can we bring up ROI.003.0026. This ismy last question to you on this matter, Mr Shepherd.You've said on a number of occasions that you haven't madefindings or made assertions; you've raised possibilitiesand asked the Commission of Inquiry to do investigations.May I suggest to you that at line 19, and this isa transcript of a conversation between you and I that tookplace on 15 July 2008 at 55 Market Street in Sydney, afterwe've had some discussions about Cape Otway being asked toleave, you said:

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1 Western Australia in ... 1941.23 What evidence can you present to this Commission of Inquiry4 that supports that?5 A. I present again the evidence of Ivy Mallard's6 relatives, whom I know personally. I lived in the area for7 10 years. There was a lot of chatter about it. In fact,8 I knew about the evidence of bodies near Dulverton Bay9 before the Cape Otway business came up. There was talk

10 about an Army party travelling through Carrarang to11 False Entrance, and the Mallards tracked them out to False12 Entrance to find out what they were doing. They were sent13 away. That's the story that was told by more than one14 person. I went to Dick Hoult and asked him what he knew15 about it, and he said, "I was still at college at that16 point."1718 Q. You heard the evidence of Mr Cramer this morning and19 you heard the interaction between he and I about the record20 of conversation that Ivy Mallard made in 1992?21 A. Yes.2223 Q. You saw that, in that record of conversation,24 Mrs Mallard referred to her fears about Japanese invasion25 and things that she says she saw and heard over the ocean?26 A. Yes.2728 Q. You saw that there was nothing in that record of29 conversation concerning the presence of any Army party,30 didn't you?31 A. Yes. I have read that, and it's in a book. It was32 done by a Sunday Times journalist. You really need to know33 these people to understand a little bit about them.34 Ivy Mallard was a Poland before she was married. They are35 the creamy people in Shark Bay. They are a mixture of36 Aboriginal, Kopanga, Malay, Chinese, white people, and they37 don't tell strangers everything that they need to know.38 They answer questions, but they don't tell strangers39 everything. When they talk to you, they can be quite40 stand-offish, particularly with a stranger. Sometimes they41 will tell you things that you wouldn't normally expect them42 to tell you.4344 I don't take anything out of that, to be quite honest.45 It's just one of those things. She told the story that she46 saw. I quite frankly believe that Ivy Mallard was telling47 the truth. I know where Carrarang Station is. I haven't

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Q. His surname is Mallard.A. Yes.

Q. He's related to Ivy Mallard?A. Yes. Well, he's related to Joe Mallard.

Q. You didn't have a direct conversation with IvyMallard, did you?A. No.

Q. The story that Ivy Mallard told?A. He knew about the trucks, and he was completelyremoved from that area. He lived at Manjimup.

I metHe knew

Q. So you don't know what her story about the Army truckswas; you're only relating something that a third party toldyou?A. There are more people than just the Hoults.a Mallard in a doctor's surgery in Northampton.the story.

Q. -- that must have been large in her mind about theArmy trucks that were coming out and the stories that yousay were circulating about bodies being buried in thebeach - Ivy Mallard, if they were true, would have knownabout them. I suggest to you that it is something that shewould have put in a document like that, and the fact thatshe didn't is telling. Do you agree with that?A. No, I don't. You'd have to know Ivy Mallard. Youhave to know the people.

sat on the same verandah, but I've been there, and thestory that she told about looking out to the north-west andseeing and hearing bang, boom and smoke, it was logical.The story is logical that she could have seen something.

Q. I'm not talking about, with respect, what she saidabout what she saw over the ocean. I'm talking about thefact that in that document there is no reference to anincident --A. Does there need to be?

Q. Apart from that story that you've told us about, isthere any other evidence that you can present that supportsthe assertion that there are bodies buried in the sands inDulverton Bay?A. I went with Mr Cramer on the first trip. It was

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Q. You have had those bones tested?A. Yes.

Q. What did you find?A. I found some bones.

basically an exploratory trip. We had metal detectors, wehad probes --

Q. Sir, I don't wish to be rude, but did you findanything?A. Yes.

Was his name Daniel Franklin, did youQ.

LCDR KERR: Q. Do you have any intention of having thosebones further examined?A. No. If you want them, you can have them.

Q. Anyway, he said that they weren't human?A. He said that they didn't think that they were human;they were more like a marsupial bone. There's a tinylittle bit on the end of the bone that has a facet that ismore common in a marsupial than in a human.

THE PRESIDENT: Q. You accept his view, do you, thatthey are marsupial?A. Yes. I can't do anything else, sir. I can't doanything other than accept the advice of a forensic

THE PRESIDENT:say?A. Yes.

Q. What was the result?A. I took them to my local GP, and he said that there wasevery possibility that they were metacarpal bones, soI then took them to the Forensic Department of theUniversity of Western Australia to a Daniel Franklin. Heexamined them. He spent two weeks with them. I was awayat that time. He came back to me. He didn't put it inwriting to me. I expected him to give me a letter. Hesaid, "We can't really identify them." He said, "We don'tthink they're human. They look like a small marsupialbone, but we can't really identify them." He supplied mewith a picture of a metacarpal bone. There the bones are ­this is what he gave me. There are pictures of them, whichyou have, and that is what he gave me, a human hand, whichshows which bones they resemble.

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scientist.

... I advise that preliminary "on ground"exploration at Dulverton Bay hasidentified, from a 1942 aerial photographof Dulverton Bay, an area of interest.

Q. May I step back to one previous issue. You told methat you have no evidence that you can give me thata signal was sent by Cape Otway; do you agree?A. As yet I haven't found anything of that nature.

Q. So the only basis for your advancing that would bewhatever it is that Mrs McDonald has written in her book?A. Not the only basis, sir. I would like to check thatfurther myself. I haven't done that.

Just finally on that matter, sir, in yourthat you wrote, which was signed by you onsaid:

Within 3 to 4 weeks from this date [being21 Hay] at least one search party usingsophisticated equipment will searcha specific area of Dulverton Bay forskeletal remains and/or material of RANinterest.

LCDR KERR: Q.first submission21 May 2008, you

Firstly, is that the search that revealed the bones thatyou referred to?A. No, and I've made a mistake there. The aerial photoI believe was taken in 1943 and it was the one that wasreferred to by Mr Cramer this morning. I was privy toseeing that particular aerial photo, and I joined them onthat search party.

Q. Do you have any evidence that you can give me thata signal was received by Cape Otway telling it to departthe area?A. The only evidence that I have that gives that anycredibility is from Glenys McDonald's book, in which shetalks about a person calling in to a radio station,I believe, or writing to a newspaper and indicating thatthey had heard the Cape Otway signal and that it was nearbodies and it was sent away. I have never been able toverify that and I haven't really further discussed it withGlenys McDonald.

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LCDR KERR: Sir, I don't have any more questions on thosetopics. I will move on to one other matter. Could webring up PTE.004.0182, the last paragraph of that page.

Q. Sir, in that paragraph, you talk about evidence fromthe Northampton people, and you go on to say:

One element I considered vital, was anexpended flare attached to a piece of woodwith a marking, HHAS Sydney found in thewashed up debris field.

When you say "debris field", could I clarify what you mean?A. Washed up on the beach.

Q. How did you come to be aware of this expended flareattached to a piece of wood with the marking "HHAS Sydney"?A. That came up in a number of places after I wrote thatarticle and I gave a talk at the Northampton HistoricalSociety. I heard it from a number of sources at the sametime as the person told me about the reconstituted cabbage.Now, a whole lot of bits and pieces came up from that.Already, it had been identified from Glenys's bookpreviously.

Q. Had you ever seen that item, sir?A. No.

THE PRESIDENT: Q. Do you know who says they found it?A. When you live in a community, once people trust you,they will tell you a whole lot of various things that theypossibly wouldn't tell a stranger. Then when you hear itfrom more than one source, it becomes a possibility; itcame from more than one source. If that flare is a fact,it fits in with anecdotal evidence of a flare being sightedoff that area.

Currently, the search for bodies is work in progress.I went out last week, as a matter of fact, into theYallabatharra swamps, out into that area, to find ifI could get any further evidence of the cabbage or thevarious things that were washed up, and the boat inparticular. Also, I wanted to see if I could find out thedetail of the sightings that people saw from various placeswithin the region of the Hutt River up through to theswamps in Yallabatharra.

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12 When you go there and when you talk to the people, it3 is pretty obvious that more than one event occurred. The4 lifeboat coming ashore now appears to be a much more minor5 event than the bang, boom, shaking noise that occurred that6 was reported basically by Glenys McDonald.78 When you look, as I have pointed out to you, at the9 convergence point for that evidence that was given

10 regarding the banging, flashing lights at night-time, that11 point is 5 nautical miles off the beach at Shoal Point.12 That's an impossible place for the Sydney battle to have13 occurred.1415 People of Northampton, Horrocks and Port Gregory never16 saw anything of the Sydney-Kormoran battle. That was17 impossible. They never saw that. So what did they see?18 They saw something. There is other evidence regarding19 Japanese shelling part of the coast north of Port Gregory.20 People's memories - when you talk to them, if you can sit21 around their kitchen table and just talk quietly with them22 and when you put all those things together, you find that23 there is confusion after all these years. Those people24 tend to run things in together. To try to separate them is25 very, very difficult.2627 THE PRESIDENT: Q. That's what I'm trying to do and28 that's why I asked you that when you wrote that an extended29 flare was attached to a piece of packing case which was30 marked "HHAS Sydney" and was washed up on the shore,31 whether you knew who found it. Do you know who found it?32 A. No, I don't know who found it, sir.3334 Q. Can you tell us who told you that they found it?35 A. I'm on oath. I wouldn't dare nominate a person's36 name, because I may be wrong.3738 LCDR KERR: Unless there is anything further, sir, I have39 no further questions of Mr Shepherd.4041 LCDR KATTER: I have no questions.4243 THE PRESIDENT: Thank you very much, Mr Shepherd.4445 THE WITNESS: Sir, I gave LCDR Kerr this morning a series46 of things that I have obtained from the National Archives.47 I would like to make a statement regarding them, please.

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Q. Would you just answer my question?A. Would you repeat it, please?

Q. May I say that we don't contest you on that.A. Okay. I'd still like to make the statement.

Q. May I pre-empt you, Mr Shepherd. You want to makea statement concerning the fact that the Prime Minister,the Government, the Secretary of the Navy, the Navy, allknew about the location of the battle, and you say thatthey didn't make that known until when?A. Can I make the statement, please?

THE PRESIDENT: Q. Mr Shepherd, I have studied,I believe, a history of the Government response to thefinding and to the loss of HHAS Sydney, and in the processof that I have seen a great number of signals whichinitially told persons in authority that CAPT Detmers hadsaid that the location was 26 degrees 111. Thatinformation was disseminated amongst particular areas ofGovernment at various times which are shown in thedocuments. I think I have all those documents, but if youhave some more documents there, you may hand them toLCDR Kerr, and if I haven't previously seen them, I willcertainly look at them.

Are these the documents, exhibits 1Q.

No, sir.LCDR KERR:

THE PRESIDENT:to 30?A. No.

Q. Your contention is that the Prime Minister, theGovernment, the Secretary of the Navy and the Chief of theNavy, or the First Member of the Navy in those days, knewabout the precise location of the battle between Sydney andKormoran but did not confirm that until a much later date;is that what you wish to say?A. What I wish to say, sir, is that the position of26 111, the battl e si te and the si nki ng poi nt for theKormoran, was known by the Department of Navy and by theNaval Board, and they informed the Governor-General, thePrime Minister, the Minister for Navy and Mr Shedden nolater than 28 November 1941. And it can be proven. Theseare source documents from the National Archives ofAustralia --

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A. Sir, are you denying me to make a statement?

<THE WITNESS WITHDREW

Q. About what?A. About these documents.

Q. Do you have your statement in writing?A. I have.

Thank you, Mr Shepherd.

Sir, I call Dr McArthur.

THE PRESIDENT: Q. Mr Shepherd, I've read it. I've seenall the material before to which you referred. Thisstatement is an exhibit. It will now go on the website, soit can be widely disseminated. Anyone who wishes to readit will be able to do so.A. Sir, you're denying me the opportunity of making thatstatement?

THE PRESIDENT:

THE PRESIDENT: Just show it to me, please. Yes, I'll markthat statement exhibit 173.

Q. No. It will just take time which will not progressthis matter at all. I really do have some constraints.I am trying to get this thing done as efficiently asI possibly can.A. Do you mind if I give it to the media, sir?

Q. Very well. Would you show that to LCDR Kerr.A. No, I wish to make it, sir.

Q. I'm not quite sure what you want to make a statementabout.A. I wish to make a statement, sir.

CMDR RUSH:

EXHIBIT #173 STATEMENT OF PHILIP GEORGE SHEPHERD, FROMNATIONAL ARCHIVES OF AUSTRALIA WEBSITE 111; FACTS: THESINKING OF HffAS SYDNEY, NOVEMBER 1941

Q. I don't mind what you do with it. It will be on thewebsite this evening.A. Okay.

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CMDR RUSH: We have that. I think you're aware of that,sir. I wish to tender the doctrinal thesis of Dr McArthur.

Q. And your occupation?A. I am a retired university director.

EXHIBIT #174 THESIS SUBMITTED FOR THE AWARD OF A DOCTORATEOF PHILOSOPHY IN 2001 ENTITLED "A RUSH TO JUDGEMENT: ANANALYSIS OF THE LOSS OF HHAS SYDNEY 19 NOVEMBER 1941"WITHIN THE UNIVERSITY OF SOUTHERN QUEENSLAND

[3.30pm]

you state your fullQ. Dr McArthur, couldCommissioner, please?John McArthur.

Q. You obtained your doctorate as a consequence ofa thesis through the University of Southern Queensland in2001, which was entitled "A Rush to Judgement: An Analysisof the Loss of HHAS Sydney 19 November 1941".A. Correct.

<TREVOR JOHN McARTHUR, sworn:

Q. Dr McArthur, you have had a very long interest in theissues and matters pertaining to the loss of HHAS Sydneyand the engagement with Kormoran?A. Off and on, sir, since about 1972.

Q. And your address?A.

<EXAMINATION BY CMDR RUSH:

CMDR RUSH: Q. Dr McArthur, in addition to the thesis,you've provided a number of submissions, I think it is fairto say, that are based on your thesis to the Commission ofInquiry?A. Yes. I had a probl em there, in that the thesi s woul dhave been old hat within three years of it being granted.This is because of the changing nature of history. WhenI came here, or returned to Western Australia, I was askedby the West Australian Maritime Museum to go through andfile the papers they had on Sydney. In all, I filedsomething like 4,800 pages, 46 files, of information - somestupid, some excellent - that I did not know even existedat that time. So if I were to rewrite my thesis, I'd makequite a number of changes, and particularly in view of the

CMDR RUSH:name to theA. Trevor

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recent discoveries.

Q. Perhaps if we can go through those. Paper 1 was thearmaments?A. Yes.

CMDR RUSH: That is CORR.014.0141. I will tender them asa group, sir, if that is convenient.

THE PRESIDENT: Yes.

CMDR RUSH: Q. Dr McArthur, paper 2 was "The Combatants:October to November 1941"?A. Yes, that's right.

Q. Paper 3 concerned the encounter?A. Yes.

Q. I think - I hope I'm right - chapter 5, "The Action -A Closer Look"?A. Yes.

Q. And then another entitled paper 5, but a differentsubject, "An Overdue HHAS Sydney - Reactions"?A. Correct.

Q. And in addition to that, there was a part of yourwork, "Kormoran and the Mi ni ng of Shark Bay"?A. Yes.

Q. Something in relation to the tug Uco?A. Yes, yes.

CMDR RUSH: I think I have the whole lot, so I will tenderthose papers, sir, as a group.

EXHIBIT #175 DR McARTHUR'S SUBMISSION PAPERS: "THEARMAMENTS"; "THE COMBATANTS: OCTOBER TO NOVEMBER 1941";"THE ENCOUNTER"; "THE ACTION - A CLOSER LOOK"; "AN OVERDUEHMAS SYDNEY - REACTIONS"; "KORMORAN AND THE MINING OF SHARKBAY"; PAPER IN RELATION TO UCO

CMDR RUSH: Q. Then, Dr McArthur, there wasa supplementary paper that you provided to the Commissionof Inquiry entitled "Captain Joseph Burnett, theCulpability of Captain Burnett"?A. Yes, that's right.

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Q. So you accept that it is the Sydney?A. I'm sorry, sir?

EXHIBIT #176 SUPPLEMENTARY PAPER ENTITLED "CAPTAIN JOSEPHBURNETT, THE CULPABILITY OF CAPTAIN BURNETT"

THE PRESIDENT: Q. What does all that mean?A. Well, once again, we have someone rushing in to say,"What you've found is not right."

Q. You accept that it's the Sydney that has been found?A. I'm going to say yes. I have no reason to thinkotherwise, unless a gigantic hoax is being played on thepublic purse.

I tender that also, sir.

Now, in the case that we're talking about, at firstglance to the uninitiated, I feel that they might havea case. But if I had a Naval person talking to me aboutit, I'm certain that they could deny the allegations thatare being made. In short, unless I had more information,I couldn't make a dogmatic statement, but at the moment I'mtending to think, not again.

CMDR RUSH: Q. Dr McArthur, I'm going to go to a coupleof matters that are raised in your thesis, and I want tostart, if we can go to USQ.001 .0180. They are the numbersthat we're using. It will come up on the screen in frontof you. It is in fact page 165 of your paper, but that'sthe number that we are using.

Q. And is it something that you disagree with?A. I don't have the background, for a start, but I'vewritten sufficient history over a period of time to knowthat when you go public and say anything, the chances ofsomeone refuting you are extremely high, and they'll do iteither by attacking you personally or by attacking whatyou've written.

CMDR RUSH: Q. Some submissions have been put to theCommission of Inquiry that the wrecks of Sydney andKormoran, specifically Sydney, are in fact not Sydney atall .A. Yes. I have certainly been saturated, if you like,with a lot of information from that quarter.

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THE PRESIDENT: It is page 165 of the thesis.

THE WITNESS: Oh, yes.

CMDR RUSH: Q. Just so that everyone understands it, itis a part of the paper where you were dealing with thelocation of the wrecks.A. Yes.

Q. You stated this:

The reason for presenting in some detailthe field research of Whittaker and Knightlies in the fact that as of 26 Hay 2001they have revisited the areas covered intheir previous survey and confirmed theirfindings.

A. Yes.

Q. You go on:

Although the final proof of their work canonly be revealed by an underwaterexploration, nevertheless what they havefound using an even more sophisticatedversion of the KDLS together with improvedaccess to global positioning satellites maybe persuasively argued to be the twovessels.

Just stopping there - that was the theory that was put upby Whittaker and Knight as to a location of Sydney off theAbrolhos Islands?A. That's correct, yes.

Q. Relying on a KDLS system, which was proved to betotally incorrect.A. The KDLS system --

Q. I'm sorry, I should say just the location was provedto be totally incorrect.A. Oh, absolutely.

Q. You then go on to say this:

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1 This poses a huge question not only over2 the German stories (and the willingness of3 the RAN to stand by a version of the battle4 based without any semblance of analysis5 only on the survivors' stories) but also6 over the official history written by George7 Hermon Gi 77 .89 If I interpret that correctly, you are saying that on the

10 premise that Whittaker and Knight are correct that the11 location of the Sydney is nowhere near where the Germans12 say it is, then as far as the German stories, the RAN stand13 and George Gill's history are concerned, then there are14 huge questions about it?15 A. My thesis is directed really at analysing what George16 Hermon Gill had to say, and I believe that I proved that he17 was wrong in so many instances, that it just wouldn't stand18 up to close analysis. The statement, "willingness of the19 RAN to stand by a versi on ... wi thout any sembl ance of20 analysis" is, I think, a reasonable one, given that I have21 read an awful lot of material from Archives, in the Navy22 Historical Society and in Sydney and in Melbourne, and23 I can't find anywhere where there is the sort of analysis24 that I would expect to find at a level that I would expect.2526 I have written further that I can understand why this27 took place, because at that time Japan was almost ready to28 enter the War and Long, who was the Director of Naval29 Intelligence, also wrote that he could tell that something30 was going to happen very quickly, because the Japanese were31 recalling all their merchant vessels back to Japan.3233 So apparently he never shared this with anyone else at34 the time. He told Gill that in the letter he wrote to Gill35 in 1957 when he had examined the story that Gill was36 writing on the loss of Sydney, and particularly what he had37 to say about CAPT Burnett. That particular letter of38 Long's was a letter which threw me completely by what he39 had to say there, and that has caused me a lot of problems40 since.4142 Q. In the context of the position of the ships being in43 the location where the German survivors said they were, how44 does that cause you, if it does, to reassess what you've45 written there?46 A. Oh, I would reassess it, but I'd also challenge how47 many German survivors have said that that is the particular

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1 location? I've read the 300 interrogations - no,2 interviews; they weren't interrogations; they were3 interviews - carried on by the officers and interpreters4 here and in Victoria.56 What disturbs me most is that I couldn't come to any7 conclusion from the huge variety of information - I won't8 say "evi dence", I'll call it i nformati on - that was9 presented in those 200 to 300 pieces of - what would you

10 call it? - copies of their statements - I'll just get the11 right words for you - copies of their responses to the12 questions put to them.1314 Q. When the Navy wrote to Admiralty on 28 November 194115 and indicated that the German raider Captain had confirmed16 previous reports and added that the action took place17 1atitude 26 degrees 31 mi nutes, longitude 111 degrees, they18 were right on the mark, weren't they?19 A. Yes. While they were bleating what Detmers said,20 Detmers stuck to that, so they wanted to believe that21 Detmers was an honourable person, and I can give you22 a quote that will rock you completely, in that when23 Admiral Crace --2425 THE PRESIDENT: Q. The point that is being put to you,26 Dr McArthur, is that not only was CAPT Detmers right, but27 so was the Australian Navy in November 1941.28 A. Well, yes, the Australian Navy, but they had to say29 something.3031 Q. What they said turned out to be correct.32 A. That's exactly what they said. Well, put it this way:33 they didn't have anything else that measured up to it.34 Now, the late Reg Hardstaff sent me a copy of all of the35 places which had been nominated by the Germans and the36 pilots who flew over the area. He found 38 different37 positions all put out by people who said that they had an38 excellent idea of finding Sydney. There were 38 positions,39 but the Navy selected Detmers', because I think that, under40 the circumstances, they had no other choice than to go by41 what the Captain said.4243 CMDR RUSH: Q. Why do you criti ci se them for a fail ure44 of analysis?45 A. The Australian Navy? I don't call that analysis. You46 have to do a lot more than that before you can call it47 analysis.

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Q. It's not only what the Navy said. It's what Kirsnersaid and it's what Mearns said.A. Kirsner worked on the assumption, by plotting, withsophisticated computer analysis, a southern position to thesouth of Mearns' position, and both Mearns and he had quiteconsiderable disagreement over what was the position to besearched. But they worked on both of those. They were twogentlemen with whom I had an interesting continuingdialogue of disagreement.

Q. Fundamentally, both of them relied on the Germanaccounts in relation to working out the area where the shipwas.A. Both of them relied on Detmers' account. I'll stickwith that, because I think that that is the more importantone. I can't see how some of the crew could possibly haveknown the position.

Q. And the Navy relied on Detmers' account?A. They had to. They had selected Detmers' account.That's the point I want to make there.

THE PRESIDENT: Q. Selected it from what?A. They selected it from at least 38 other positionswhich were given by Australian navigators and also bya number of people who had got involved in hind casting ­that is, Whittaker and Co. --

Q. You have conflated about 40 years.A. Yes.

Q. We're talking about November 1941. You were critical,in the page that was initially put to you, of both theGerman account and the RAN stand in adopting it.A. That's right. I'll tell you --

Q. And what was put to you was that in November 1941, notonly has the German account now been proven to be right,but the Navy also adopted that position in 1941.A. All right. Can I reply back to you on that?

Q. Can you tell me what other positions were put to theNavy in November 1941?A. If one were to read the SWACH records which you have,the different positions that came in from interrogation ofthe officers, particularly by LCDR Rycroft, who came ashore

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1 in Carnarvon, Rycroft's strong letter said, "They are lying2 their heads off. You can't believe anyone."34 As time went by, 1941 and into 1942, the position5 which Detmers said became accepted as the position, with no6 further analysis, just because he said that, and, okay,7 Kirsner and Mearns have both said that, but we're looking8 at 40 years later - 40 years later - no, more, 50 years9 1ater.

1011 CMDR RUSH: Q. I will not labour the point, Dr McArthur,12 but in the passage that we have just gone to, you, relying13 on what I suggest is a discredited analysis by Knight and14 Whittaker, then put forward the proposition, in effect,15 that your accepting Knight and Whittaker, there are huge16 questions about the German story based on their accounts17 and the Captain's account of where the ship was.18 A. Now, hang on, you're jumping ahead to say the19 discredited KDLS system. Now, that system was not20 discredited until the last 10 years.2122 Q. Let me be specific. It was discredited as far as the23 finding of Sydney is concerned.24 A. At that time?2526 Q. At this time.27 A. Yes, but we're jumping ahead for that. I see your28 point but we're jumping ahead.2930 Q. Allowing for the adjectives, you said that the31 persuasive argument as to where Knight-Whittaker said the32 two vessels were poses huge questions over the German33 stories, over the RAN accepting the German stories and over34 Gill. With Detmers' accuracy in relation to the account35 that he gave his interrogators, what huge questions are36 taken away as a consequence of that?37 A. Well, we'll have to look at the battle itself to see38 the questions that, quite frankly, don't stand up to39 analysis in that. And, hang on, just let me get my thought40 on this one for you. You'll notice that I said "poses41 a huge question not only over the German stories", so I'm42 using the plural there.4344 There are many German stories, and as a matter of fact45 what made me suspicious at the time about the truthfulness46 of CAPT Detmers was that he gave different versions of the47 action to different people at different times, so it was

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1 very difficult to track down what was the real story that2 he was saying. Over a period of time, Naval Intelligence3 accepted that what he was saying, forgetting all of the4 earlier interviews, was the position you've said.56 Q. As a consequence of the finding of the wreck in the7 position of Detmers, did you make any reassessment of the8 huge question that you say in this sentence hung over the9 German stories, the RAN and Gill?

10 A. No, not reall y. I thi nk that the fi ndi ng was11 a magnificent effort. There is no doubt about that.12 Mearns is an extremely capable man. But that didn't change13 my attitude to the German stories. "The willingness of the14 RAN to stand up without any semblance of analysis" - you're15 using "analysis" as a one-way street there. I'm saying16 that analysis has to depend on a heck of a lot more than17 just, "Okay, he said it. We believe it."1819 THE PRESIDENT: Q. Dr McArthur, if you read what you20 wrote, it was that because Whittaker and Knight said that21 the ship is in position A, therefore the German stories are22 subject to grave doubt because they have given --23 A. Yes, yes.2425 Q. -- a wrong location, namely, position B, and you also26 said that the RAN's position is also subject to doubt for27 the same reason. We now know that position B was correct.28 Didn't that cause you to reflect upon whether or not the29 doubts you had about the German stories should be reviewed?30 A. I have reflected long and hard about that, and I have31 come to the conclusion that the one thing that is right is32 Detmers' position; I grant that, given the other33 restrictions I put on it a moment ago. But at the time of34 writing this work, KDLS was trumpeted in the news and35 elsewhere, particularly by LTCOL Whittaker and Lindsay36 Knight, as the answer to every underwater surveyor's wish37 in the world. This KDLS system was pointed out to me quite38 clearly to be superior to anything else that was around.3940 At that stage, I didn't have the background to be able41 to question it. I raised it with two engineers at the42 Uni versity of Southern Queensland, and they sai d, "Well, it43 could be done, but it would be darned hard to do it", and44 they wanted more information. I went back to Knight and45 sai d, "Hey, more i nformati on, pl ease", and he refused it;46 he refused anyone to look at his system.47

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1 About eight years ago, the system called the Travis2 system, which was supposed to be exactly the same as KDLS,3 was tried at the University of Southern Queensland and was4 tried on 20 samples of a certain chemical. Some were5 there; some weren't there. It proved that the answers it6 gave could be clearly by chance, so it was a system that,7 even in such close proximity to the chemicals, could not8 show any significant statistical difference.9

10 So I look at KDLS now and I look at Knight and11 I think, well, that was something that was really pulled12 over our eyes. At the time, we thought it was great, and13 so did a number of people I spoke to, because Whittaker was14 extremely persuasive. You've probably already met him.15 Lindsay Knight was, again, very persuasive and, for reasons16 I don't understand, was highly appreciated in the halls of17 politics.1819 Q. I'm sorry, I don't regard that as an answer to my20 question, but I'm not going to ask it again.21 A. All right.2223 CMDR RUSH: Q. Dr McArthur, I want to discuss some24 elements of merchant ship recognition procedure back in25 1941. Perhaps fi rst of all if we coul d look at26 NAA.011 .0351, which is a copy of the instruction from27 Admiralty of 25 December 1940 that sets out the merchant28 ship recognition procedure that was in existence as of29 19 November 1941.3031 If I go through the first paragraph with you, which is32 the relevant paragraph, it states:3334 In order that the identity of HH ships and35 British merchant vessels may be more36 readily established the one to other NCS37 [Naval Control Shipping] officers are38 instructed to explain to masters the39 following system of challenge and reply40 which is to be brought into force41 forthwith. (ii) warship identifying42 merchant vessels. Warship challenges -43 what are your signal letters.4445 Do you understand that signal to be NNJ? That is the46 challenge of the warship?47 A. Oh, that one? Yes, yes, okay, I see what you're

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Q. Just looking at this aspect, if we take the specific

sayi ng. "What are your si gnal 1etters?" "NNJ". Yes.

Q. If a merchant ship is answering by flag, itautomatically creates a problem for the warship, does itnot?A. It does.

Q. Stopping there, but leaving it on the screen, thefirst challenge for a warship identifying a merchant shipis the challenge, "What are your signal letters?"A. Yes.

You know it better than

the flags of a merchant shipto require that warship tomaximum, about 5 nautical

identifyis goingis, at a

Maybe. I can promise we will come back to anythingwant, but at the moment if we can take it in sequence.

Okay.

Q. It's a very important consideration, is it not, inrelation to assessing the action between Sydney andKormoran?A. Yes, but I'll come back to this. This is not quite assimple as it sounds. Go on.

Q. The signal letters that would be given in reply by themerchant ship are the signal letters that are to be foundin Lloyd's of London, in Talbot-Booth, in all the variouslogbooks that are known to ships around the world?A. Correct.

Q. At best, I want to put to you that the warship isgoing to have to approach within a position of 5 nauticalmiles to be able to read flags from a merchant ship indaylight?A. I'd have to accept that, because I don't know.

Q.youA.

Q. For a warship toin a normal situationcome to a range whichmil es?A. All right, I'll accept that.I do.

Q. And that problem is that the warship, to identifyflag, has to approach the merchant ship to see what thesignal letters of the merchant ship are?A. Correct, yes.

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Q. Another matter that would have to be taken intoaccount is the wind over the deck of Kormoran?A. Yes.

Q. Kormoran was steaming 260 degrees straight into thesun?A. Right.

Q. Other aspects on the evidence that the Commission hasbefore it include the heat haze that may be created asa consequence of the engines, from the funnels, and theeffect that that can have on visibility of flags?

conditions that were extant as far as we know them on19 November 1941, that problem of identification would havebeen made more difficult as a consequence of the coursethat Kormoran was taking?A. Yes.

If we accept Detmers' account of theand steamed off into the sun.was setting at that latitude, then

Q. For Sydney in this situation approaching Kormoran,that would have been an additional factor to be taken intoaccount as to the difficulty of reading the signal flags ofKormoran?A. Yes, particularly if they were being deliberatelymessed up.

Q. And the effect that the wind over the deck of Kormoranwould have had on the flight of the flags?A. Wouldn't that depend upon the flag hoist? What partof the ship was the flag actually hoisted on? Would it beon the port or the starboard side? I don't know.

Q. You accept that?battle, he did a turnA. Well, if the sunfine.

Q. That's one aspect, but also the prevailing wind couldbe an aspect. If we can work out and make an allowance forthe prevailing wind over the deck, the flags might not bestraight on; they might be blowing at an angle.A. The wind was coming from the south-east and the swellwas from the south-west, so it was coming from thesouth-east, so I think if we can argue that, yes, it couldbe seen, no, it couldn't be seen, particularly if the flagswere deliberately wound in such a way as to make themdifficult to see. Yes, that's the German story.

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Q. We'll come to that.A. Okay.

A. The heat haze is an interesting situation, becauseheat haze disappears.

Q. I'm talking about heat haze from the engines of theship, from the funnels, as a consequence of the generationof the --A. I'm not an expert. I can't comment on that.

Q. There could be many and varied situations, but by flagit often meant that the warship was going to have toapproach close to the merchant ship?A. It would have to approach, yes. Your use of the word"close" --

Within flag -reading distance?Q.THE PRESIDENT:

Q. Just prima facie looking at the Admiralty instruction,before a warship can do anything in relation to challengeprocedure, it has to be able to identify the merchant shipthat it is attempting to engage with?A. That's what it says, yes.

Q. What I'm suggesting to you is that, of necessity, thewarship is going to have to approach, depending on thecircumstances, often close to the merchant ship?A. Wouldn't it depend upon the angle, too, at which it iscoming in?

Q. What I want to put to you is that until the firstsignal that the warship gives, "What are your signal1etters?", is answered, the warshi pis, in effect, ina state of limbo before it can go on with any otheridentification process, on the 25 December 1940 Admiraltyinstruction. Is that a fair analysis?A. Okay. That's fine in one sense, but it's not fine inanother, because jump ahead just a few hours, and you'llfind that the German CAPT Detmers - and this is where yousay, "Wi 11 I bel i eve hi m or not?" - if you go to hi s di ary,which many people have used in an effort to understand whatwas happening at the time, immediately he got that callfrom Sydney, he says that he identified himselfimmediately, and he doesn't make any more comment aboutSydney saying, "We can't see your letters. Fly them moreclearly." None of that appears in this document.

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A. Is that 8 kilometres? What did you say?

CMDR RUSH: Q. I'll adopt the Commissioner's words. Themerchant ship is going to have to approach withinflag-reading distance?A. Okay. I don't know what that is, but whatever it is ­you used the word "close". His Honour has used the words"flag-reading", so let's find out exactly what that means.

Q. Is 5 nautical miles close?A. Oh, that's pretty good.

Q. What do you mean by "pretty good"?A. Well, what I mean is that 5 miles seems to bereasonable. You have the background. I haven't.

THE PRESIDENT: Q. So do I understand your position: doyou accept that the warship has to come, in accordance withthe Admiralty instruction, within flag-reading distance,whatever that distance may be?A. Yes, exactly.

Q. It was previously put to you that such a distance wasat least 5 miles, and you said that you were not qualifiedto answer it.A. That's correct. But I've been given information, so,fine, you've elucidated that.

CMDR RUSH: Q. It will depend on all the circumstances?A. Yes, that's right.

Q. Some of the evidence that the Commission has is to theeffect, having regard to the prevailing conditions on19 November, that it may have meant that the flags couldnot be read until 2.5 nautical miles. That's somethingthat you accept, depending on the necessity of readingfl ags?A. Yes, you'd have to give me more information than thatto get me to accept that without qualification.

Q. Whether it be 2.5 nautical miles or whether it be5 nautical miles, that is a distance that was well withinthe range of a raider's guns.A. Yes. They could get up to about 9 to 10 miles.

Q. Do you say that it was proper for a ship to comewithin 2.5 or 5 nautical miles to read a flag hoist for

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identification of a merchant ship?A. In view of the direction in which it was coming,I would say yes, because this particular type of approachwas also used by warships such as Perth in the West Indieswhen it saw the el Liberatore, which couldn't answer itssignals, because it was a Spanish ship, and the Perth cameup very, very close to her.

Q. But that was before 25 December 1940, wasn't it?A. It was still War, yes.

Q. But it was before this instruction in relation toships identification.A. Unless there was a preceding instruction.

Q. Perth was operating under a different procedure whenit encountered the Spanish ship off the West Indies, was itnot?A. I suppose so, under that circumstance, if it did notreceive any instruction like this.

Q. My question, Dr McArthur, is this: having regard toyour analysis of the engagement, do you have any view as toa warship approaching within 2.5 or 5 nautical miles forthe purposes of identification of a merchant ship?A. We'll have to elaborate on that one, but I accept whatyou're saying at the moment.

Q. From your analysis of all the material that youidentified, do you accept or criticise a warship that comesin 2.5 to 5 nautical miles for the purposes ofidentification of a merchant ship?A. No, I have no problem with that.

Q. Just to continue on, I'll start at the fourth linewith (i i ) :

Warship identifying merchant vessels.Warship challenges - what are your signalletters. Herchant vessel turns awayincreases to full speed and makes hersignal letters. Warship signals centre twoletters of (?) merchant vessel secret callsign. Herchant vessel replies with firstand last letters of her secret call sign.

A. Yes, secret call sign.

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Q. So that's the full procedure.A. Yes, yes.

Q. Would you see it as a breach of the Admiraltyinstruction if a Captain did not do it in accordanceprecisely with those steps?A. It would cause considerable concern on the warship.

Q. You've looked at the log of Sydney?A. As much as I can get of Sydney, yes, and spoken tosailors who were there at the time, but there's a problemthere, too.

Q. You've looked at the log of Sydney, have you not?A. I've looked at the proceedings of Sydney, which aremade available each time she comes back from a convoy. Isthat what you call the log? I haven't seen anything else.

ship's Captain to adoptstep by step?

They're quite different things.Q.

In that case, I have read two or three, that's

Tell me, would you expect aprocedure as it is set out,I see no reason why not.

Yes.Okay.

Q.A.all .

Q.thatA.

Q. The report of proceedings are monthly reports. Thelog is a daily entry of events which occur on the ship.A. All right, so I must put this one to your Honour: ifa ship is going on escort, like Sydney was, is her log thena series of entries of times and actions that have takenplace at various places on its return, such as stopping toput cutter down, an exercise for boarding an unknown ship,and then the pick up of the cutter at the time? Is thatwhat is called the log?

Q. Have you examined the logs of Sydney, of Perth and ofCanberra to see if Australian Captains were conductingthemselves in accordance with the Admiralty instruction of25 December 1940?A. I have to say to you on that one, no, I haven't lookedat the logs of the ships concerned.

THE PRESIDENT:A. Are they?

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Q. on Sydney's logs?A. Pardon?

Q. So you didn't do any original researchA. As far as looking at that, no.

Q. You did not do any original research on Sydney's logsyourself?A. No. That's the answer to that.

THE PRESIDENT: Q. How did you come to find that pieceof information? Did someone send it to you?A. Yes. Reg Hardstaff, sir.

Q. The logs are available for inspection in

archives?

Q. And you looked at only those portions of logs thatsomebody sent to you?A. That's correct - someone whose background is

Q. Two or three what?A. Logs. If that's what you call the log of Sydney, thenI have read two or three of them as sent to me byReg Hardstaff.

THE PRESIDENT: Q. The National Archives.A. I have not read that exactly myself. I didn't look atthe log, for a very good reason. When you're doingresearch, time is critical, so you have to try to get thedocuments you want when you want them, and you have to givethe War Memorial and anyone else at least 24 hours' notice.I couldn't read everything.

CMDR RUSH: Q. Dr McArthur, I suggest that for anhistorian who has been looking at Sydney, as I understandit with you for 30 years, the logs are a pretty essentialtool to understanding the workings of HHAS Sydney and theBridge and when the ship came to Action Stations and whenit didn't come to Action Stations.A. All right. I have, in that instance, looked at themost recent logs and recent to the action here of Sydney,particularly when it came upon a target which they found ontheir return, and I looked closely at that, because itshowed very clearly the caution that Burnett would take inapproaching something he didn't know what it was.

CMDR RUSH:Archives.A. Which

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unassailable, I would think.

THE PRESIDENT: He gave evidence about the time that hewas on Sydney, did he not?

Q. Doctor, just to complete the section that we've beenexamining in relation to the difficulty of looking atflags, I wonder if we could look at NAA.074.0065.

Q. In your thesis, in the material that you have providedto the Commission of Inquiry, you have spoken about Sydneyand its Captain and how careful that Captain was.A. Yes.

That's your opinion, Dr McArthur.

Is my memory at fault? We have heard from

Q.

Yes, sir.

Q. You used the example of the approach to the target.How do you know how careful he was or wasn't in relation tohis approach to recognition of other merchant ships?A. Well, I can't answer that one, can I? I don't know.

THE PRESIDENT:Mr Templeton?

CMDR RUSH:

Q. In making an assessment of Sydney's procedure on19 November, did you not think it a good idea to go backand examine the procedure of its Captain in relation tosimilar circumstances of ships identification?A. Well, as it's seen to be a hanging offence, no,I didn't go back and look at it at the time, because I washard pressed.

CMDR RUSH:A. Yes.

Q. This isn't a hanging offence. I'm looking atmethodology. Did you attempt to see if there was anymethodology of approach in the Captain of Sydney inrelation to ships recognition procedure?A. As far as that's concerned, I spoke as ably as I couldto ex-Sydney men here to get from them exactly whatSydney's actions would have been, in particular, someoneyou may have already seen - Templeton, in particular,Templeton - to find out more about Sydney's procedures.But for methodology, that part of it - no, I didn't usethat bit of methodology.

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Reference DSC' s paragraph 3 at "X", I donot agree. It is sometimes very difficultto read a flag hoist at as little as

THE PRESIDENT: Mr Templeton at the time was an ableseaman aged 19, I think. Is my recollection right that hewas on board Sydney for something less than one month?

CMDR RUSH: Q. Dr McArthur, thi sis a mi nute byCAPT Dechaineaux of 30 December 1941. Do you see that heis referencing an earlier letter, which I'll take you toimmediately we finish this:

Q. Did you appreciate that your thesis was in major partreliant upon what a 19-year-old person, who had somethingless than a month's experience on this ship, was saying toyou?A. No. You're taking too much out of that.

Yes, sir.

Q. I don't know that I am. I have to say, I'm absolutelystaggered that you didn't do any original research.A. Well, I have to question that, your Honour. I did asmuch original research as could possibly have been done,because you have a look at my lists at the back of thethesis of who I read, who I talked to and what I could doat the time. Then I say to you that I did as much as couldbe reasonably expected, and that doesn't make fora staggering concern.

CMDR RUSH:

THE PRESIDENT: Q. And that's the source of yourinformation - an able seaman aged 19, who was on Sydney forsomething less than one month?A. This is what I have read about what he had to say inthat instance. What caused me to read further into thatwas that he deserted his gun position. He was on thequadruple fires, not the 4-inch gun. He made this veryclear, that he thought the Captain was hazarding the ship.

CMDR RUSH: He gave evidence about the time that he was onSydney, with its recognition of the ship Islander, onI think Sydney going to the Sunda Strait in October. Tosummarise his evidence, he said that he was in a 4-inch gunposition, aft position, that the identification took placeat night, and, in his view, it took place in circumstancesthat were unsatisfactory because of the --

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a mile. The whole purpose of suggestinga daylight lamp is that warships canidentify ships from a range at which theyare not tactically in a disadvantageousposition, ie outside 5 miles at least.

2. With reference to DSC's paragraph 1 at"y", the majority of British merchant shipsare in convoy, and thus do not requireidentification, and hence do not requirea daylight flashing lamp.

That is distinguishing the convoys from merchant shipsaround Australia. You understand that that correspondencewas generated as a consequence of the concern that was had,upon interrogating the Germans, as to the use of flags andthe need for merchant ships to come in close for theidentification of flags, and Dechaineaux was recommendingthat merchant ships be equipped with lamps so that thatwouldn't occur?A. Yes, I've never seen this one before. Which lot didthat one come from?

Q. That's out of Archives.A. Yes, I know. Whereabouts in Archives? They are alllocated in different places.

Q. I'm sorry, I'm not aware of the file number, butcounsel assisting, with a little bit of assistance, havespent a very, very long time in Melbourne going through allthe relevant material.A. I'll bet they have. I know what it's like. What'sthe question after all that?

Q. I'm not being critical that you haven't seen that, butdo you accept the concern that Navy had about the necessityfor warships to come within 5 miles, even to a mile, asDechaineaux says, to actually identify signal flags?A. Yes, yes, that's what that's saying.

Q. Did your research at any stage alert you to howmerchant ships were going with this procedure, how theywere performing in complying with it?A. I would say not well.

Q. And is that based on research?A. That is on research.

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Q. Just to conclude on this matter, if we could have

Q. Well, that's correct, is it not?A. Yes, okay, I'll go along with that.

CMDR RUSH: Q. Fail i ng to compl y?A. Failed to comply with that. But they also - go on.

Q. That's in a failure to comply with merchant shipsrecognition procedure.A. Yes. They were to be stopped.

Q. Frequently?Often.

THE PRESIDENT:A. Frequently.

Q. But until you identify the flag, you don't havea failure to comply with merchant ships recognitionprocedure.A. Maybe, yes.

Q. The position, I suggest, Dr McArthur, is that merchantships on Australia Station in 1941 were routinely failingto comply with merchant ships recognition procedure.A. I would say "did not". I wouldn't use the word"routinely", because that gives a different impressionaltogether.

Q. What's the research?A. I believe there are a couple of other documents likethis one where they add very strong words about what shouldbe the procedure following this, following Atlantis,following the Pinguin's loss. They then put that togetherand said, "This is the procedure." But that didn't comeout until the beginning of 1942, and that's stronglyworded.

Q. And what was that?A. That was that they were to tell the ship to stop andthen to board the ship and inspect its papers. That's aCAFO instruction towards the end of 1941.

Q. And the position is that the Captains of Australianwarships during 1941 were faced with a great difficultybecause of that failure to comply.A. Yes, and they were told clearly what they were to do,too, in an instance 1i ke that.

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NAA.074.0074, which is a minute from Rear AdmiralCommanding His Majesty's Australian Squadron - Rear AdmiralCrace - of 16 December 1941 to the Secretary of the NavalBoard. I know it is difficult having regard to what youhave seen, but have you seen this before, Dr McArthur? Itdoesn't matter.A. Okay, go on.

Q. It reads:

With reference to Navy Office letter ... of28th November, 1941, be pleased to informthe Naval Board that a memorandum on theefficiency of Herchant Ships will be issuedto HHA Squadron: the contents of thismemorandum will be included in AustralianSquadron War Instructions in due course.

In this respect, however, the fo77owingremarks are considered to be of particularimportance:

(a) I regard the procedure of speaking tomerchant vessels at night to beparticularly hazardous, unless drasticaction is taken immediately against shipswhich show any inclination to disregardinstructions. War Instructions Order 20 7S

relevant and at night it is only prudent toregard all merchant ships sighted aspossible raiders.

(b) In the past, the standard of signallingby Herchant Vessels has left much to bedesired, and I feel it most important thatit should be impressed on Herchant shipsthat any failure on their part either insignalling or in complying immediately withorders given by HHA Ships may result invery unpleasant consequences.

A. Yes.

Q. Then:

(c) with regard to the challenge and replyprocedure ... the remarks in (b) above

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still apply but to a lesser extent, as itwill usually be possible to recognisefriendly ships by day. In cases where thiscannot be done with certainty, however, thechallenge and reply procedure wouldnormally be carried out at a range of about8-10 miles. This points to the necessityfor all merchant ships to carry daylightsignalling lamps ...

A. Right.

Q. Then it sets out the two criteria. Routinely, oroften, I suggest to you that it was clear that Captains ofAustralian warships were encountering merchant ships ona reasonably regular basis that were failing to comply withmerchant ships recognition procedure.A. That had occurred on Sydney's previous return, when itlooked like it came up against the Sal land and it didn'tgive the proper signal. All guns were pointing on Salland,and at the last moment it just gave the correct signal toSydney. So you had ships which were tardy in the way inwhich they gave responses, as opposed to ships which simplydidn't give a response.

Q. Just in relation to that instance, before Sal land wasrecognised, Sydney, in the words I think of her Captain,came close to Sal land?A. Yes, came close, because, don't forget, it had askedit who it was and then asked for its four signal letters,secret letters.

CMDR RUSH: Sir, I tender those two pieces ofcorrespondence: NAA.074.0074, which is the minute ofRear Admiral Commanding HM Australian Squadron of16 December 1941 to the Naval Board; and the minute ofCMDR Dechaineaux of 30 December 1941 to DCNS.

EXHIBIT #177 MINUTES OF REAR ADMIRAL COMMANDINGHM AUSTRALIAN SQUADRON OF 16 DECEMBER 1941 TO THE NAVALBOARD, BARCODED NAA.074.0074; AND LETTER FROMCMDR DECHAINEAUX OF 30 DECEMBER 1941 TO DCNS

CMDR RUSH: Q. The next thing in ships challengeprocedure after the NNJ was, as we have discussed, to getthe signal letters back from the merchant ship and then usethose signal letters to make an identification of the ship?

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THE PRESIDENT: CMDR Rush, is that a convenient time toadjourn or not?

A. Yes, go on. Sorry, I was tryi ng to thi nk - woul d yougo through the part again, please?

AT 4.30PM THE COMMISSION WAS ADJOURNEDTO WEDNESDAY, 4 FEBRUARY 2008 AT 9.30AM

CMDR RUSH: Yes, it is, sir. May I say, sir, thatMr Ean McDonald is a witness who is due to be called firstthing tomorrow morning. Because of issues relating to hishealth, he has desired that he be called in the morning.I have spoken to Dr McArthur. If it is convenient, sir, wewill put Dr McArthur over to 11 o'clock and callMr McDonald at 9.30.

Is that convenient?

All right, we'll adjourn until 9.30.

Q.

THE PRESIDENT:

THE PRESIDENT:A. Yes.

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#161 [1]-1703:31#162[1]-1712:6#163[1]-1727:44#164[1]-1731:40#165[1]-1731:45#166[1]-1733:37#167[1]-1733:43#168[1]-1747:25#169[1]-1752:14#170[1]-1753:26#171 [1]-1756:18#172[1]-1756:24#173[1]-1786:19#174[1]-1787:29#175[1]-1788:37#176[1]-1789:4#177[1]-1809:39

o

0021 [1] -1776:470021" [1] - 1776:4400215 [1] - 1776:290054 [1] -1714:170069 [1] -1717:23054[1]-1724:50730[1]-1770:110800 [1] -1769:380821 H [1] - 1777:45

1 [7]-1693:30, 1726:14,1755:38,1763:35,1785:2,1788:3,1806:7

10 [8] - 1704:33, 1744:10,1757:35,1758:39,1761:47,1779:7,1794:20, 1800:44

10/AJ6 [1] -1712:9100 [2] - 1739:24, 1745:20101 [1]-1771:361Opm [1] - 1708:4610lh[I]-1731:1211 [10] - 1694:46, 1695:2,

1704:33,1705:46,1719:30,1720:16,1758:17,1765:45,1766:2,1810:12

11 ,30am [1] - 1728:911,49am[I]-1734:1111 [4]-1785:25,

1785:41,1786:20,1792:17

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12 [4] - 1704:33, 1709:37,1730:26,1741:9

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1746:28,1746:29

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1923 [6] -1726:35,1726:43,1727:38,1727:39,1728:2,1728:3

1924 [10] - 1725:37,1725:40,1726:26,1726:27,1727:10,1727:20,1727:40,1728:4,1730:4

1927[1]-1744:261931 [1] -1731 :121931"[1]-1731:151932[5]-1729:21,

1731:10,1731:19,1731:35,1731:40

1934 [6] -1727:35,1727:46,1729:21,1731:10,1731:35,1731 :40

1935 [2] -1727:42,1728:51936 [6] -1725:29,

1725:35,1725:43,1727:18,1729:38,1761 :35

1937 [9] -1703:26,1703:31,1729:25,1730:21, 1730:25,1730:33,1731:1,1731:31,1732:17

1937-1941 [1] -1760:361940[17]-1706:11,

1706:15,1706:19,1706:23,1706:32,1706:35,1706:37,1706:40,1706:43,1706:46,1707:4,1766:4, 1766:6,1796:27,1799:13,1801 :9, 1802:17

1941 [82] - 1696:5,1697:21,1701:23,1703:26,1703:31,1705:26,1705:29,1706:18,1706:21,1706:22,1706:46,1707:4,1707:11,1707:12,1707:20,1707:21, 1707:24,1707:26,1707:29,1707:33,1707:34,1710:43,1712:3,1712:7,1712:9,1715:21,1724:27,1729:25,1729:38,1730:21, 1730:25,1730:33,1731:1,1731:31,1740:23,1745:25,1746:3,1746:21,1746:27,1746:36,1747:36,1760:28,1760:40,1760:41,1761:35,1763:35,1764:5,1766:11,1766:15,1766:30,1766:32,1772:34,1773:10,1779:1,1785:29,

1

1786:21,1787:31,1788:13,1788:38,1792:14,1792:27,1793:33,1793:38,1793:40,1793:44,1794:4, 1796:25,1796:29, 1798:2,1805:41,1807:12,1807:25,1807:33,1808:3,1808:12,1809:36, 1809:37,1809:40, 1809:42

1941"[1]-1787:231942 [10] - 1725:26,

1725:35,1725:43,1729:28,1730:15,1730:39,1731:45,1782:31,1794:4,1807:8

1943 [1] -1782:441945 [4] -1729:30,

1730:15,1730:39,1731 :45

1946 [2] -1725:26,1729:29

1948 [1] -1713:11950 [1] -1756:819505[1]-1712:141951 [2]-1756:8, 1763:441952 [2] -1733:17,

1733:181953 [1] -1758:331957 [1] -1791 :351963 [1] -1739:411964 [1] -1744:261970 [1] -1728:361972 [1] -1787:181983 [1] -1729:41988 [1] -1759:341991 [2] -1723:28,

1723:301992 [4] -1746:34,

1747:2,1747:20,1779:20

1993[2]-1703:13,1751:61994 [1] -1763:221997 [1] -1741 :321998 [1] -1761:81999 [1] -1741 :3219th [2] - 1717:36,

1723:321st [2] -1760:39,1766:38

2

2 [11] - 1705:45, 1706:15,1706:32,1735:10,1755:23,1755:38,1757:35,1769:28,1769:33,1788:12,1806:7

2" [1] - 1704:272,500 [1] - 1770:432,00pm [1] -1758:52,5 [5]-1800:35,1800:41,

1800:47,1801:24,1801 :31

TRAN.026.0119 R

2/12[1]-1770:22/12/1941 [1]-1769:1120 [10] - 1705:19, 1705:38,

1711:24,1726:21,1726:29, 1742:37,1764:35, 1766:5,1796:4, 1808:28

200[4]-1733:40,1768:44, 1792:9

200-odd[I]-1771:402001 [3] -1787:22,

1787:30,1790:152003 [2] -1759:37,1760:42004 [1] -1702:392005 [3] -1735:2,

1741:39,1742:92006 [1] -1735:162008 [5] -1749:4,

1760:17,1778:16,1782:27,1810:21

2009 [2] -1693:40,1734:24

21 [6]-1705:19, 1760:16,1777:11,1777:33,1782:27,1782:35

2140[2]-1717:43,1718:12150[3]-1717:43,1718:622 [3] - 1705:19, 1705:39,

1726:2922-10-41 [1] - 1766:35220 [1] - 1768:452240 [2] -1717:43,

1718:402255 [3] -1717:44,

1719:10,1719:2523[2]-1705:19,1736:20230 [1] - 1768:452310[3]-1721:31,

1722:8,1722:17235[1]-1726:724[5]-1705:19,1710:43,

1712:8,1770:6,1803:1524(1 [1] -1726:1824(2 [1] -1726:1924,50 [1] - 1723:452450 [2] -1718:29,

1718:432450" [1] - 1718:2324th [3] - 1769:29,

1769:40, 1769:4125[8]-1705:19,1766:14,

1769:28,1769:38,1796:27,1799:13,1801 :9, 1802:17

26 [9] - 1693:41, 1705:19,1712:9,1728:36,1777:46,1785:25,1785:41,1790:15,1792:17

260[1]-1798:727[2]-1698:17,1705:2027/11/1941" [1] -1777:4228 [7] - 1705:20, 1710:43,

1725:28,1778:1,1778:3, 1785:29,1792:14

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28/11/1936[1]-1732:928th[I]-1808:12

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3

3 [8] - 1693:40, 1717:32,1735:19,1737:23,1763:35,1782:34,1788:16,1805:45

3" [1] - 1704:283,30pm [1] -1787:1

3/12/1941 [1]-1770:1130 [14] - 1698:30, 1705:20,

1705:42,1707:29,1729:12,1777:15,1777:19,1777:33,1777:34, 1785:3,1803:20, 1805:41,1809:37,1809:42

30"[1]-1777:1730-10-1941 [1] - 1766:36300[2]-1792:1,1792:9

31 [3]-1705:21, 1731:15,1792:17

31st[3]-1731:12,1731:13,1766:30

32[2]-1705:21,1726:2533 [1] - 1705:21

34 [1] - 1705:2135 [3] - 1705:21, 1767:47,

1768:1136 [14] - 1704:21, 1705:21,

1705:31,1705:33,1707:44,1707:45,1708:1,1708:16,1767:47,1768:11,1768:17,1768:20,

1768:2136"[1]-1707:4037 [8] - 1705:21, 1705:28,

1705:31,1705:33,1706:22,1707:17,1707:34, 1707:45

38[9]-1705:21,1706:15,1706:17,1706:18,1706:22,1706:32,1792:36,1792:38,

1793:25384[1]-1728:1739[3]-1705:21,1706:17,

1706:353rd[4]-1731:16,1731:19,

1760:40,1766:11

4

4 [18] - 1709:6, 1712:3,1712:7,1715:23,

1715:31,1715:32,1716:43,1717:10,1717:16,1717:17,1717:21,1717:32,1737:23,1774:19,1774:20,1774:28,1782:34,1810:21

4" [1] - 1704:294,800 [1] - 1787:44

4-inch [2] - 1805:4,1805:21

4-year-old [4] - 1774:41,1774:42,1775:20,1775:24

4,30PM [1] -1810:2041712006 [2] -1753:27,

1753:3240 [13] - 1695:40, 1696:37,

1697:26,1698:16,1698:31,1706:36,1730:16,1734:12,1734:15,1738:12,1793:30, 1794:8

41 [1] - 1706:3942 [1] - 1706:4243 [3] - 1706:45, 1707:14,

1707:1944[2]-1707:10,1707:2045 [1] - 1707:20

46 [3] - 1707:24, 1742:33,1787:44

47 [1] - 1707:24

48 [1] - 1707:2949[3]-1704:18,1704:21,

1734:84th[3]-1714:27,1717:36,

1724:9

5

5 [23] - 1693:29, 1697:15,1717:17,1717:32,1719:30,1720:16,1727:5, 1763:42,1766:37,1784:11,1788:19,1788:23,1797:25,1797:42,1800:10,1800:14,1800:24,1800:42,1800:47,1801:24,1801 :31, 1806:5,1806:37

5" [1] - 1704:30

5,000[1]-1711:105,30pm [1] - 1766: 11

50 [20] - 1704:19, 1707:32,1707:34, 1707:37,1707:46,1708:1,1708:4,1708:15,1708:17,1729:36,1736:2,1740:15,1759:1,1768:16,1768:18,1768:20,1768:22,1770:45,1777:12,1794:8

50-page [1] - 1729:43500 [1] - 1759: 1

51 [1] - 1729:43531 [1]-1726:22

55[1]-1778:16

6

6[8]-1704:31,1714:17,1714:19,1717:15,1717:17,1717:32,1723:40,1724:4

60[6]-1711:28,1730:17,1743:40,1744:1,1744:28,1764:36

64 [1] - 1741:406530 [1] -1758:12Gam [1] -1766:356pm [1] - 1760:40

7

7 [8] - 1715:42, 1717:32,1734:24,1746:22,1763:42,1766:3,1770:10

7" [1]-1704:31

70 [2] - 1742:29, 1770:4574 [3] - 1737:41, 1746:22,

1766:37lam [1] -1766:30

8

8[5]-1694:36,1696:14,1698:25,1704:32,1800:1

8-10 [1] -1809:78.20am[1]-1766:5

8/3/1938 [1] -1732:3080 [2] - 1742:24, 1764:3480-plus [1] - 1746:1680s [2] - 1746:23, 1746:24

9

9 [6] -1704:33,1707:4,1731 :10,1732:17,1787:10,1800:44

9,30[2]-1810:13,

1810:189,30AM [1] - 1810:219,30pm [1] - 1696:299,33am [2] - 1693:40,

1694:39/3/1937 [1] -1732:2390 [1] - 1748:32

A

ABC[I]-1759:38

abiding [1] - 1744:47able [19] - 1712:45,

1720:10,1720:33,1733:15,1740:5,1741:7,1741:18,

2

TRAN.026.0120_R

1741 :18acquired [1] - 1736:19ACT [3] -1727:44,

1727:45,1727:46Act [15] - 1708:34,

1725:43,1725:45,1726:7,1726:10,1726:16,1726:33,1727:33,1727:34,1727:35, 1729:3,1729:4,1729:7,1733:4

Action [3] - 1788:19,1803:22, 1803:23

action [5] - 1792: 16,1794:47, 1797:31,1803:25, 1808:26

ACTION [1] - 1788:39actions [2] -1802:38,

1804:30active [1] -1758:30activity [2] - 1712:22,

1712:23actual [12]-1736:33,

1736:40,1737:9,1738:28,1739:15,1739:40,1742:23,1744:8,1750:13,1753:11,1759:4,1762:11

add[3]-1716:11,1762:9,

1807:4added [3] - 1722:24,

1722:27,1792:16addition [4] - 1711 :2,

1727:3,1787:34,

1788:27additional [2] -1704:6,

1798:17address [12] -1712:34,

1712:43,1728:14,1734:6,1734:7,1741:6,1744:1,1749:30,1751:16,1758:10,1758:11,1787:9

ADDRESSED [1]-1753:26

addressed [1] - 1753:30

adds [1] - 1764:21Adelaide [1] - 1750:27

adjectives [1] - 1794:30adjourn [3] - 1757:35,

1810:5,1810:18ADJOURNED [1]­

1810:20ADJOURNMENT[2] ­

1725:11,1757:37Admiral [4] - 1792:23,

1808:1,1808:2,1809:35ADMIRAL [1] -1809:39

Admiralty[7]-1792:14,1796:27,1799:13,1799:29,1800:19,1802:9,1802:16

admitted [1] - 1735:17adO[1]-1744:33adopt [2] -1800:3,1802:5adopted [1] - 1793:40

Transcript produced by Merrill Legal Solutions

Page 121: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

adopting [1] - 1793:35advancing [1] - 1782:20advertising [1] -1735:25advice [1] - 1781 :47advise [1] -1782:29advised [2] - 1742:3,

1776:13Aeradio[3]-1715:36,

1720:31,1722:30Aerial [1] -1769:37aerial [5] - 1736:30,

1736:37, 1782:31,1782:43,1782:46

aeroplane [3] -1777:13,1777:24,1777:31

aeroplane" [1] - 1777: 19aeroplanes [1] - 1777:21Affairs[1]-1761:10affected [2] - 1725:23,

1726:34affirmed [1] - 1728:9afloat[1]-1720:10AFO [1] - 1712:9afraid [1] -1764:32Africa[1]-1745:18African [2] - 1737:32,

1737:40African-Canadian [1]­

1737:32afl[2]-1714:7,1805:5afterwards [2] - 1737:42,

1737:46age [6] - 1698:25,

1729:12,1736:7,1740:29,1746:24,1758:17

aged [9] - 1694:36,1695:2,1696:12,1696:13,1696:14,1774:19,1774:20,1805:10,1805:16

Aged [1] -1694:46agency [2] - 1733:5,

1733:22ages [1] -1714:34ago [13] - 1700:25,

1702:12,1739:34,1740:34,1742:10,1745:5,1747:47,1748:3, 1749:23,1770:32,1775:33,1795:33,1796:1

agree [15] -1708:4,1709:34,1713:26,1716:11,1721:33,1732:20,1734:32,1740:4,1747:10,1753:13,1753:20,1762:27,1780:18,1782:5,1805:46

ahead[4]-1794:18,1794:27,1794:28,1799:16

Air[3]-1724:29,1741:10,1777:23

air [6] - 1708:43, 1710:20,1736:19,1740:45,

1741:11,1755:31aircraft[6]-1695:36,

1709:9,1710:7,1710:11,1710:20,1710:31

Airport [3] - 1737:33,1737:34,1741:5

ALAN [1] - 1728:9Alan[3]-1725:14,1728:7,

1728:15alert[1]-1806:41alive[3]-1735:21,

1735:27,1742:38allegations [2] - 1742:12,

1789:25allege [1]-1713:25alleged [5] - 1700:32,

1736:20,1740:41,1754:15,1770:8

Allegedly [1] - 1738:45allegedly [2] - 1700:30,

1724:39alleges[1]-1713:28allowance [1] -1798:34allowed [3] - 1744:46,

1748:15,1748:19Allowing [1] - 1794:30Alma[2]-1694:21,

1696:11almost[4]-1736:31,

1757:6,1759:13,1791 :27

Almost[1]-1744:15altogether[1]-1807:16amateur [1] - 1734:11amended[1]-1729:47amendment [1] -1730:29amendments [3] -

1725:37,1727:15,1730:25

amnesty [1] - 1735:23amount [1] - 1755:45AN [2]-1787:30,1788:39analysed [2] -1714:3,

1736:34analysing[1]-1791:15ANALYSIS [1] - 1787:31analysis [17] - 1791 :4,

1791:18,1791:20,1791 :23, 1792:44,1792:45,1792:47,1793:5, 1794:6,1794:13,1794:39,1795:14,1795:15,1795:16,1799:14,1801 :23, 1801 :29

Analysis [1] - 1787:22AND[II]-1712:7,

1727:47,1728:2,1728:3, 1728:5,1733:44,1747:25,1753:27,1756:25,1788:40,1809:41

anecdotal [2] - 1694:30,1783:36

angle [2] - 1798:36,1799:38

ANN [1]-1747:26Ann [2] - 1746:34, 1747:3annex [1] - 1712:2ANNEX [1] - 1712:6announcement [1]-

1713:40anomalies [5] -1765:23,

1765:46,1766:45,1767:21, 1767:24

anomaly [7] -1758:46,1759:1,1759:28,1765:41,1765:43,1766:15,1766:24

anonymous [1] - 1702:1answer[10]-1742:18,

1762:47,1779:38,1785:15,1795:36,1796:19,1800:25,1801 :5, 1803:43,1804:14

answered [3]-1695:45,1716:14,1799:11

answering[1]-1797:14answers [3] - 1702:17,

1735:27,1796:5anyway[2]-1724:19,

1743:29Anyway [1] -1781 :34AO [1] -1693:24apart [2] - 1699:34,

1700:30Apart[3]-1738:31,

1754:20,1780:43apparent [1] -1773:9APPARENT[I] - 1753:27appealed [1J - 1736:5appear[1]-1731:1appeared [2] -1694:33,

1739:45appliances [1] -1725:33appliances" [1] - 1705:8applicable [1] -1727:9applied [1] - 1701:8applies [1] - 1729:15apply[2]-1761:17,

1809:1appreciate [5] - 1700:23,

1717:1,1742:15,1777:39,1805:24

appreciated [1] - 1796:16approach [10] - 1797:20,

1797:25,1799:36,1799:43,1799:44,1800:4,1801:3,1804:11,1804:13,1804:26

approached [1] -1773:25approaching [3] ­

1798:16,1801:24,1803:29

approval [1] - 1733:22approx [2] - 1696:36,

1697:26April [8]-1706:11,

1706:15,1706:19,1706:23,1706:32,1707:21, 1707:24,

1761 :8archival [1]-1718:45ARCHIVES [1] - 1786:20archives [7] -1713:36,

1713:42,1713:46,1717:38,1721:6,1775:9, 1803:8

Archives [29] - 1703:28,1703:35,1712:29,1725:15,1728:16,1728:21,1728:30,1728:34,1728:35,1729:2, 1729:3, 1729:4,1729:7,1729:11,1729:16,1729:17,1732:44, 1733:4,1733:9,1733:19,1733:20,1761:28,1784:46,1785:30,1791 :21, 1803:7,1803:10,1806:24,1806:25

Arcus [1] - 1700:3AREA[I]-1733:37area [49] - 1702:7,

1702:20,1709:26,1723:11,1732:43,1734:12,1734:15,1735:9,1735:14,1736:1,1736:21,1736:28,1736:32,1736:33,1736:47,1737:26,1738:30,1739:21,1739:25,1739:27,1743:12,1744:24,1744:29,1744:47,1756:40,1756:43,1757:9,1757:25,1759:28,1764:9, 1764:44,1773:2, 1773:8, 1776:6,1776:10,1776:15,1776:26,1777:29,1778:37,1779:6,1780:35,1782:10,1782:32,1782:37,1783:37,1783:41,1792:36,1793:13

Area [1] - 1723:43areas [9] - 1720:32,

1726:21,1726:28,1736:35,1743:11,1755:12,1761:39,1785:42,1790:16

argue [1] -1798:39argued [1] - 1790:30arguing[2]-1745:17,

1755:25argument [5] - 1721 :43,

1767:46,1768:13,1768:24,1794:31

armaments [1] -1788:4ARMAMENTS[I]­

1788:38Army[12]-1711:19,

1735:44, 1739:3,1745:27,1747:7,

TRAN.026.0121 R

1747:35,1760:26,1778:46,1779:10,1779:29,1780:13,1780:26

army[1]-1708:44arose[1]-1739:7arrangements [1]-

1729:13arrival [2] - 1697:27,

1774:46arrive[2]-1711:10,

1715:20arrived[3]-1696:37,

1697:10,1708:46Arrived [1] - 1766:35arrives [1] -1766:6arriving [2] -1731 :26,

1766:31article [5] - 1760:7,

1775:33,1775:38,1775:46, 1783:20

artificer[1]-1771:38AS[3]-1718:42,1719:3,

1722:19ascertain[1]-1706:29ashore [18] - 1742:8,

1744:23, 1764:8,1770:28,1771:26,1771:39,1772:13,1772:14,1772:24,1772:25,1774:1,1774:2,1774:12,1774:14,1774:26,1774:36, 1784:4,1793:47

Ashton [1] - 1758: 12aside [3] - 1751 :38,

1761 :15, 1763:7ASIO [2] - 1712:30,

1712:31asleep[1]-1695:17aspect [4] -1773:43,

1797:47,1798:33,1798:34

aspects [1] - 1798:44asserted [1] - 1708:27assertion [4] -1736:4,

1776:5,1778:23,1780:45

assertions [1]-1778:12assessing[4]-1699:14,

1700:37,1736:22,1797:31

assessment [1] - 1804: 16assistance [2] -1695:24,

1806:29Assisting [1] - 1693:33assisting [2] - 1728:19,

1806:29associate[1]-1738:31associated [1] -1736:8Association [1] -1737:35assume [1] - 1698:33assumed [1] -1698:39assumption [2] -1737:1,

1793:4AT[2] -1810:20,1810:21

,3/2/09 (26) 3Transcript produced by Merrill Legal Solutions

Page 122: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

Atlantis [1] -1807:5attached [4] - 1735:44,

1783:10,1783:18,1784:29

attacking[2]-1789:19attain[1]-1729:12

attempt [1] - 1804:25attempting [2] - 1712:20,

1799:32attended [1] - 1761 :27attention [2] - 1694:39,

1740:47attitude[1]-1795:13attracted [3] - 1694:39,

1736:42, 1759:2Aubrey [1] - 1762:43August [2] - 1707:26,

1770:6aunt [1] - 1714:47Australia [20] - 1703:26,

1712:40,1713:2,1728:16,1750:39,1751:7,1758:12,1758:41,1759:38,1760:28,1771:41,1773:26,1773:39,1778:37,1779:1,1781:18,1785:31,1787:41,1806:14,1807:12

AUSTRALIA [2] - 1703:31,1786:20

Australian [24] -1696:2,1703:17,1710:12,1728:41,1743:21,1743:39,1743:46,1744:6,1753:47,1758:27,1759:14,1766:22, 1773:6,1787:42,1792:27,1792:28,1792:45,1793:26,1802:15,1807:24, 1808:2,1808:16,1809:15,1809:35

AUSTRALIAN [1]­

1809:40Australian-based [1]­

1773:6Australians [2] - 1742:39,

1772:11authenticity [1] - 1763:20authorised [2] - 1714:30,

1724:12authority [3] -1733:4,

1733:23, 1785:40Authority[2]-1728:41,

1728:46automatically [1]­

1797:15available [5] - 1711 :20,

1729:8,1729:11,1802:28, 1803:6

Avenue [1] -1693:30

average[1]-1766:45Average [1] - 1765:40

aviation [5] - 1709:9,

1710:6,1710:10,1710:15,1710:33

AWARD[I]-1787:29aware[12]-1712:11,

1712:19,1715:45,1728:33, 1738:27,1752:21,1757:13,1768:4, 1777:20,1783:17,1787:26,1806:28

awesome [1] -1736:32awful [2] - 1755:24,

1791 :21

B

background [5] -1695:6,1789:15,1795:40,1800:15,1803:47

backing [2] - 1704:45,

1730:27Baddham [1] - 1762:43Bailash[3]-1715:19,

1715:20,1715:26Bailash's [1] -1721 :10Bairstow[1] -1773:1Ballantine [1] - 1701 :39

Balline [1] - 1774:16bang[2]-1780:3,1784:5banging [1] - 1784:10

barcoded [2] - 1712:4,1733:34

BARCODED [5] -1712:9,1731:41,1731:46,1733:38, 1809:41

base [1] -1739:37

based[6]-1710:12,1773:6,1787:36,1791 :4, 1794:16,1806:46

bases [1] - 1710:22

basis [16] - 1702:5,1702:43,1735:33,1738:15,1738:25,1741:43,1742:11,1743:34,1754:17,1771 :47, 1772:5,1772:23,1773:34,1782:20,1782:22,1809:16

Batavia[2]-1739:41,1742:31

Bateman [2] - 1696:30,

1697:32bathed [1] -1736:45battle [9] - 1719:32,

1784:12,1784:16,1785:11,1785:21,1785:25,1791:3,1794:37,1798:12

Battye [1] -1775:4BAY[I]-1788:41Bay[18]-1740:14,

1758:38,1760:27,1763:47,1764:1,1764:9,1770:11,

1772:9,1772:18,1778:47,1779:8,1779:35,1780:46,1782:30,1782:32,1782:37,1788:28

bay[4]-1735:10,1735:12,1739:22,1755:24

bays [1] -1739:24

Beach [2] - 1764:7,1772:15

beach [17] - 1709:32,1709:35,1709:43,1710:37,1738:9,1740:42,1741:23,1741:31,1741:33,1741 :38,1742:14,1755:16,1756:11,1757:11,1780:15,1783:15,1784:11

beaches [3] - 1709:38,

1744:21bearing [3] - 1723:47,

1749:43,1754:2BEARING[I]-1753:27became[6]-1712:11,

1758:26,1759:33,1762:37,1762:39,1794:5

become [3] - 1726:5,1729:11,1740:40

becomes [1J -1783:34becoming [1] -1712:19bed [4] - 1735:5, 1735:32,

1750:23,1751:15beg[I]-1738:6begin [1] - 1758:30beginning [4] -1706:16,

1712:36,1767:46,1807:8

begins[1]-1706:11

behalf[2]-1712:31,1745:17

Behind [1] - 1705:14

belief [3] - 1709:47,1760:45,1767:2

Below[1] - 1735:1

below[2] - 1750:44,1760:22

Berwick [1] - 1728:17

best [1] - 1797:24bet[I]-1806:32better [2] - 1733:29,

1797:44between [28] -1698:18,

1707:3, 1708:33,1717:35,1724:29,1725:26,1727:28,1730:7,1739:8,1746:33,1749:45,1758:41,1760:39,1761:15,1761:35,1762:14,1763:35,1765:20,1766:41,1768:42,1770:20,1770:22,1772:15,1773:19,1778:15,

1779:19,1785:21,1797:31

Between [1] - 1768:37beyond [1] -1773:7big[I]-1737:17Birthday [1] - 1696:12

bit [15] - 1707:16, 1712:36,1722:25,1724:28,1748:22,1758:39,1761 :46, 1763:40,1767:38,1768:44,1778:36,1779:33,1781 :37, 1804:34,1806:29

bits [3] - 1745:22, 1764:3,1783:23

blab [1] -1698:37black [1] - 1746:46blackened [1] -1740:47blacking [1] - 1760:22blacking-out [1] - 1760:22blamed [1] -1735:27blank [11] - 1704: 18,

1704:20,1704:38,1705:6,1705:11,1705:14,1705:22,1706:47,1708:12,1730:27

bleating[1]-1792:19blowing [2] - 1764:32,

1798:36Blythe [6] - 1699:6,

1699:46, 1700:2,1700:11,1701:20,1701 :22

Blythe's [4] - 1694:42,1701:4,1701:12,1701 :23

Board [6] - 1776:20,1776:24, 1785:27,1808:4,1808:13,1809:36

board[14]-1695:21,1696:37,1698:34,1701 :22, 1702:28,1702:33,1721:23,1721 :25, 1765:5,1773:23,1773:35,1773:39,1805:11,1807:32

BOARD [1] -1809:41boarding [2] -1746:38,

1802:40BOAT[3]-1728:1,

1728:2, 1728:5boat [36] - 1696:36,

1696:39,1696:44,1697:11,1697:26,1697:29,1697:38,1705:3,1725:31,1726:7,1726:37,1727:3, 1730:45,1742:32,1742:38,1771:4,1771:17,1771:18,1771:20,1772:1,1772:8,1772:19,1772:36,

TRAN.026.0122 R

1773:10,1773:27,1774:1,1774:3,1774:12,1774:15,1774:36,1774:39,1774:47,1775:47,1783:43

Boat [6] - 1696:8,1726:35,1726:44,1727:37,1727:39,1727:41

boats[4]-1771:23,1771 :24, 1773:21,1773:23

Bob[I]-1737:33bodies [99] -1694:24,

1694:27,1695:15,1695:19,1697:4,1698:2, 1698:8,1698:14,1698:22,1698:31,1698:42,1700:4,1700:17,1701 :5, 1702:22,1702:27,1702:28,1702:33,1702:35,1708:25,1709:14,1709:15,1709:18,1709:27,1709:28,1709:32,1709:35,1709:36,1709:38,1709:43,1710:1,1710:37,1736:2,1736:3,1737:19,1738:9,1740:41,1741:30,1741:33,1741:38,1741:41,1741:44,1741:46,1742:1,1742:2,1742:5,1742:7,1742:14,1742:17,1743:3,1743:7,1743:35,1743:37,1743:39,1743:41,1743:44,1744:2, 1744:4, 1744:6,1744:7,1744:8,1744:16,1755:16,1755:29,1755:38,1757:24,1761:20,1762:24,1763:12,1763:18,1764:24,1764:26,1764:29,1765:5, 1766:22,1768:31,1770:2,1770:8,1770:19,1770:27,1770:33,1771:3,1771:5,1771:8,1771:10,1771:13,1773:29,1773:36,1773:40,1773:45,1776:7,1776:8,1779:8,1780:14,1780:45,1782:16,1783:39

body[4]-1741:42,1742:34,1743:30,1755:17

Bogue [1] - 1723:35bolt [1] -1759:30Bolton[1]-1787:10bone [4] - 1781 :24,

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,3/2/09 (26)

1781:25,1781:36,

1781 :37bOneS[7]-1781:9,

1781:11,1781:16,1781:25,1781:28,1781:41,1782:41

book [44] - 1694:11,1694:14,1698:11,1698:13,1698:41,1699:16,1699:40,1708:40,1711:38,1717:31,1727:19,1733:41,1734:37,1734:47,1735:16,1736:5, 1738:5,1738:10,1738:21,1738:34,1738:43,1739:15,1739:46,1741:4,1741:39,1742:12,1743:20,1750:7,1750:8,1750:16,1750:20,1750:44,1751:17,1751:19,1751:41,1751:44,1753:19,1765:41,1765:45,1765:46, 1779:31,1782:12,1782:21,1783:24

BOOK [4] - 1731 :40,1731 :45, 1733:38,

1733:43booklet[1]-1738:46books[3]-1741:27,

1741:28,1742:26boom [6] - 1745:20,

1746:45, 1780:3, 1784:5Booth[I]-1797:10

bOrn[1]-1771:44BOTH [1]-1703:32bottom [12] -1699:9,

1699:30,1700:35,1707:37,1722:41,1723:23,1735:35,1753:32,1755:33,1756:31,1766:29,1772:16

bought[I]-1741:12bounty[1]-1759:40

bowling [2] - 1759:25,1759:26

boy [3] - 1694:43,1775:20,1775:24

brain [1] - 1759:5brains [1] -1740:43BRASS [1] - 1756:24breach [1] - 1802:9break [2] - 1752:39,

1752:42breath [1] - 1756:41Bridge [1] -1803:22BRIEF [1] -1712:8

brief [1] - 1710:42briefly [3] - 1728:28,

1729:6,1759:31brilliant [2] - 1737:33,

1764:18

bring [10] -1710:15,1746:31,1760:10,1763:10,1766:44,1769:3, 1770:4,1772:29,1778:9,1783:4

bringing [2] - 1737:22,1755:39

Brisbane [2] - 1762:14,

1766:39British [2] -1796:35,

1806:8broadcast [2] - 1714:26,

1724:8broke[1]-1711:22Broome [2] - 1695:32,

1698:18brothers [1] - 1713:3brought[9]-1714:15,

1728:19,1728:29,1729:19,1734:28,1737:36,1754:36,1758:22,1796:40

Bruce [1]-1748:41builder [2] - 1734:11,

1744:29building [2] - 1756:8,

1758:22Building [2] -1693:29,

1728:30built [5] -1768:7,1774:7,

1774:10,1774:11bunks[1]-1695:17

burial [5] - 1735:24,1735:43,1741:30,1747:42,1761:20

burials [1] -1736:20buried [12] - 1737:23,

1738:9,1740:41,1741:33,1741:38,1742:3, 1742:8,1743:31,1760:26,1778:46,1780:14,

1780:45Burnett [4] - 1788:45,

1788:46,1791:37,1803:28

BURNETT[2] - 1789:5

burning [1] -1764:31burnt [1] -1774:24bury [6] - 1735:7, 1736:3,

1741:41,1741:42,1743:36, 1755:39

burying [2] -1746:40,

1755:16bus [2] - 1748:32, 1755:36bushed [1] - 1755:23

Bushfires [1] -1745:20business[2]-1728:14,

1779:9busy[1]-1715:34buying[1]-1741:16BY[5]-1694:8,1728:11,

1734:3,1758:7,1787:3

c

C-in-C [1] -1778:38

cabbage [2] - 1783:22,1783:42

cadaver[1]-1744:39

CAFO [1] - 1807:33Cairns [3] - 1762:15,

1766:35,1766:41camp[1]-1771:41Canadian [1] - 1737:32Canberra[1]-1802:15

cannot [2] - 1775:12,1809:4

canon[1]-1739:40

canvas [1] - 1774:22capable [1] -1795:12CAPE[3]-1703:32,

1731:40,1731:45Cape[110]-1694:11,

1694:12,1694:20,1694:22,1694:43,1695:32,1695:39,1696:6, 1696:8,1696:13,1696:18,1696:22,1696:34,1697:9, 1697:21,1697:22,1697:43,1698:5,1698:15,1698:18,1698:21,1699:1,1699:18,1700:8,1700:13,1700:16,1701:5,1701:6,1701:9,1701 :29, 1702:6,1702:42,1702:46,1703:3,1703:11,1703:27,1708:25,1708:27,1708:39,1708:41,1709:28,1709:33,1709:47,1725:19,1725:26,1725:35,1725:42,1725:46,1727:1,1727:19,1727:28,1728:25,1729:19,1732:21,1741:44,1742:1,1742:4,1742:5,1743:38,1760:36,1760:43,1761:17,1761 :26, 1761 :29,1761 :35,1762:7,1762:9,1762:12,1762:14,1762:23,1763:2,1763:12,1763:13,1763:33,1763:38,1764:4,1764:13,1764:22,1764:44,1765:20,1766:21, 1766:41,1768:4, 1768:6,1768:11,1768:31,1769:9, 1770:9,1770:19,1773:30,1773:35,1773:40,1773:46,1776:5,1776:8,1776:14,

5

1776:26,1776:33,1776:47,1778:17,1778:20,1778:28,1779:9, 1782:5, 1782:9,

1782:15capital [2] - 1719:7CAPT[9]-1762:43,

1767:47,1773:1,1785:40,1791:37,1792:26,1794:46,1799:17,1805:41

captain [6] -1699:24,1762:16,1764:32,1772:35,1772:45,1773:8

Captain [19] -1695:23,1696:30,1697:32,1763:17,1764:39,1772:46, 1773:5,1788:45,1788:46,1792:15,1792:41,1802:5,1802:10,1804:8,1804:18,1804:26,1805:22,1809:27

CAPTAIN [2] -1789:4,

1789:5Captain's [1]-1794:17Captains [3] - 1802:15,

1807:24,1809:14captured [1] -1719:20careful [2] - 1804:8,

1804:12carefully [3] - 1757:21,

1759:23,1765:13Carley [1] - 1771 :29Carnarvon [33] - 1696:19,

1696:29, 1696:41,1696:42,1697:10,1697:16,1697:24,1697:30, 1697:37,1708:46, 1709:6,1710:27,1710:28,1711:3,1711:25,1748:20,1749:17,1753:41,1753:45,1758:33,1758:41,1759:36,1763:34,1764:23, 1765:21,1766:5,1768:37,1768:43,1770:20,1770:22,1773:19,1774:42,1794:1

Carrarang[17]-1740:17,1740:23,1740:26,1740:30,1745:25,1745:35,1745:36,1746:36,1746:41,1747:7,1747:15,1747:35,1754:40,1760:27,1778:47,1779:10,1779:47

carried [5] - 1726:47,1755:16,1771:26,1792:3, 1809:6

carry[2]-1755:17,1809:8carrying [2] - 1702:23,

TRAN.026.0123_R

1730:16cart[1]-1710:14carting [1] - 1711:45

case [6] -1699:18,1729:15,1784:29,1789:22,1789:24,

1802:45cases [1] - 1809:3cast [1] -1752:2casting [1] -1793:27casual [2] - 1767:9,

1767:34catch [1] - 1755:3caught [1] -1748:9caused [5] -1714:28,

1718:13,1724:10,1791 :39, 1805:19

causes [1] - 1762:21caution [1] - 1803:28celebrated[1]-1696:12cent [4] - 1742:24,

1742:29, 1742:37,

1744:10centre [1] -1801:42certain [5] - 1736:31,

1760:38,1762:29,1789:25,1796:4

certainly [16] - 1697:6,1701:41,1702:13,1706:26,1709:46,1711:45,1714:4,1714:33,1718:18,1719:19,1720:3,1724:30,1734:34,1738:12,1785:47,1789:11

certainty [1] - 1809:4certificates [1] - 1758:24

challenge [9] - 1791 :46,1796:39,1796:46,1797:4, 1797:5,1799:30,1808:46,1809:5, 1809:44

challenges [2] -1796:42,1801 :39

chance [5] -1735:26,1742:24, 1743:31,1761 :29, 1796:6

chances [2] - 1771 :43,

1789:17change [7] -1702:13,

1703:47,1704:6,1726:30,1755:13,1765:26,1795:12

changed [3] - 1704:1,1728:46, 1755:22

Changes [1] - 1728:46

changes [6] - 1725:23,1726:46, 1727:8,1727:26,1762:17,

1787:47changing [1] -1787:40channel [2] - 1714:30,

1724:12Channel[1]-1764:14chap [2] - 1745:26,

1753:41

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chaps [1] - 1724:31chapter [1] - 1788:19

charge [1] - 1723:25Charles [3] - 1771 :33,

1771 :37chart [1] -1759:8chase [1] - 1767:8chasing[1]-1741:5chatter [2] - 1758:34,

1779:7check [5]-1718:18,

1737:3, 1741 :3, 1775:8,1782:22

checked [4] - 1740:8,1756:27,1763:20,1765:37

checking [1] - 1736:35chemical [1] - 1796:4

chemicals [1] - 1796:7Chief[l] -1785:19child[I]-1774:17children [5] - 1694:22,

1696:11,1698:40,1746:18,1746:38

China [1] - 1778:38Chinese [2] - 1723:36,

1779:36choice [1] -1792:40Christmas [4] -1743:9,

1766:14,1768:5,1771 :28

chronological [2]-

1716:6,1724:15chronologically [3]­

1717:8,1717:34,1768:21

circulating [1] - 1780:14

circumstance [1]-

1801 :19circumstances [9]­

1733:2,1733:11,1748:6,1773:27,1792:40, 1799:37,1800:29,1804:19,1805:6

citizens [1] - 1758:27

civilian[1]-1711:21claims [1] - 1712:25

clarify[1]-1783:14clear [4] - 1725:25,

1749:16,1805:22,1809:14

clearly [6] - 1755:32,1795:38, 1796:6,1799:24,1803:28,1807:27

clerk[1]-1723:10cliffs [7] - 1763:45,

1764:6,1772:13,1772:15,1773:15,1773:25

Cliffs[5]-1736:1,1749:40,1763:44,1764:4, 1764:5

clinker[4]-1774:6,1774:9,1774:10,1774:11

clinker-built[1]-1774:11close [16] - 1697:43,

1699:23,1699:34,1740:26,1743:1,1772:9,1791:18,1796:7,1799:37,1799:43,1799:45,1800:10,1801:7,1806:17,1809:28,1809:29

Close [1] -1758:12cIOSe"[1]-1800:7

closely [2] - 1740:9,1803:27

Closer [1] - 1788:20

CLOSER [1] -1788:39club [2] -1759:26,

1759:27clue [2] - 1739:21,

1765:38CM DR [53] - 1693:33,

1694:1,1694:8,1694:10,1695:1,1699:8, 1699:30,1703:20,1703:23,1708:38, 1710:3,1710:40,1712:1,1712:11,1713:13,1715:45,1716:47,1717:23,1717:29,1718:6,1718:40,1722:15,1723:5,1723:15,1723:19,1723:34, 1724:37,1725:4, 1733:34,1738:38,1750:18,1786:45,1787:3,1787:5,1787:26,1787:34,1788:7,1788:12,1788:34,1788:43,1789:2,1789:7,1789:42,1790:6, 1792:43,1794:11,1796:23,1800:3, 1800:29,1803:6,1803:18,1804:3, 1804:43,1805:1,1805:13,1805:40, 1807:21,1809:33, 1809:37,1809:42,1809:44,1810:4,1810:7

Co [1] - 1793:28Coast[2]-1696:47,

1697:44coast[16]-1697:15,

1697:41,1697:45,1710:12,1740:46,1758:40,1763:34,1763:37,1763:41,1763:42,1764:22,1766:22,1770:20,1770:22,1773:15,1784:19

coastal [1] -1748:29Coastal [1] -1745:37code [3] - 1695:25,

1696:32,1697:24COL005,0025 [1]­

1756:39COL005,0217 [1]­

1734:28COL005,0220 [4]­

1747:40,1749:11,1752:1,1752:15

COL005,0222 [2] ­

1752:46,1753:27COL005,0225 [2] ­

1756:20,1756:25COL005,0226 [3] ­

1754:36,1756:15,1756:18

coincided [1] - 1726:41Cole [1] - 1693:24collect [3] - 1709:10,

1709:26, 1711 :27college [1] - 1779:15COLLISION [2] -1728:2,

1728:4Collision [3] - 1726:44,

1727:38,1727:41collision [3] - 1705:4,

1725:31,1727:4column[5]-1731:11,

1731 :19,1732:8,1732:12,1732:30

columns [4] - 1704:4,1704:8, 1704:10, 1705:9

comb [1] - 1758:25Combatants [1] - 1788:12COMBATANTS [1]-

1788:38COMBINED[I]-1733:37coming [15] - 1695:24,

1700:47,1716:41,1718:34,1753:3,1754:39,1772:21,1772:31,1774:36,1780:13,1784:4,1798:37,1798:38,1799:39,1801:2

command [1] -1773:6Command [1] -1723:43

COMMANDING [1]-

1809:39Commanding [5]­

1710:41,1714:47,1715:4, 1808:2, 1809:35

commenced [3]­

1726:15,1726:22,1726:27

commencement [1]-

1748:2commences [5] - 1706:15,

1706:32,1707:20,1707:24,1769:37

commencing [1]­

1694:15comment [7] - 1709: 17,

1732:44,1733:15,1745:3, 1752:5, 1799:7,1799:22

commented [1] - 1751 :20comments [2]-1694:29,

1738:33COMMISSION [2]­

1693:17,1810:20Commission [27] ­

1713:15,1728:13,1728:28, 1729:6,1733:1,1734:5,1734:19,1734:33,1735:34, 1748:2,1749:8, 1755:6, 1758:9,1760:12,1760:21,1761 :47, 1762:31,1765:15,1778:13,1778:41,1779:3,1787:36,1788:44,1789:8,1798:44,1800:32, 1804:7

commissioned [1]­

1711:34Commissioner [3] ­

1699:4,1730:38,1787:6Commissioner's [1]­

1800:3committee [5]-1739:16,

1743:19,1750:45,1750:47,1751:3

Committee [1] -1761 :10committees [1] - 1751 :9common [1] - 1781 :38Commonsense [1]-

1725:27COMMONWEALTH [1]­

1703:31Commonwealth [3] ­

1693:29,1703:26,1733:20

communicate [1]-

1721 :24communication [1]-

1713:41community [1] - 1783:31compare[1]-1741:20

compared [1] - 1714:6compatriots [1] - 1758:27

compelling [2] - 1699:19,1700:40

complete [4] - 1705:5,1708:30,1716:35,1804:36

completed [2] - 1705:4,

1715:14completely [4] - 1741 :22,

1780:34,1791:38,1792:22

completing [1] - 1708:11

comply [7] - 1807: 13,1807:21,1807:22,1807:26,1807:35,1807:40,1809:16

complying [2] - 1806:43,

1808:38compromised [1]-1716:3computer[1]-1793:5concept[1]-1742:14concern [10] -1717:7,

1717:8,1717:9,1718:13,1720:36,

TRAN.026.0124_R

1762:22,1802:12,1805:38,1806:15,1806:36

concerned [10] - 1701 :44,1703:6,1721:3,1758:32,1762:40,1788:16,1791:13,1794:23,1802:19,1804:28

concerning [7] - 1694:11,1714:13,1714:21,1761 :20, 1762:29,1779:29, 1785:9

concerns [6] -1714:37,1715:12,1715:38,1717:4,1721:25,1721 :45

conclude[1]-1807:47conclusion [5] - 1706:30,

1766:23,1766:25,1792:7,1795:31

conclusions [1] - 1702:38

concrete [1] -1757:23condition [2] - 1761 :31,

1772:6conditions [8] - 1763:41,

1772:14,1772:33,1772:37,1773:9,1773:27,1798:1,1800:33

conduct [2] - 1726:39,

1727:4conducted [2] - 1726:8,

1746:34conducting [1] - 1802:15

confession[4]-1735:4,1735:31,1750:22,1751 :15

confessions [6] - 1737:8,1738:28,1738:29,1743:14,1743:17,1743:18

confidence [1] - 1698:36

confidences [1] - 1698:32confirm [6] - 1729:30,

1738:44,1775:7,1775:12,1775:14,1785:22

confirmatory [1] - 1773:37confirmed [5] - 1740:13,

1748:16,1774:21,1790:17,1792:15

confirms [1] -1740:29conflated [1] -1793:30confusing [1] - 1698:23confusion [5] - 1713:36,

1714:28,1724:10,1749:38, 1784:23

connection [1] - 1777:41consequence [8] ­

1713:24,1787:20,1794:36, 1795:6,1798:3, 1798:46,1799:5,1806:15

consequences [1]­

1808:40consider [1] - 1698:28

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considerable [7] ­

1696:40,1705:35,1710:32,1715:32,1720:10,1793:7,1802:12

consideration [1]­

1797:30considered [6] - 1717:11,

1720:38,1764:43,1769:8, 1783:9, 1808:20

consistent [2] - 1768:21,

1773:37conspiracy [1] - 1743:45constraints[1]-1786:32construction [1] - 1763:36consultation [1] - 1733:5consuming [1] - 1759:47

contact[4]-1734:18,1740:26,1746:47,

1755:4contacted [9] -1709:45,

1712:28,1712:31,1712:33,1713:39,1723:24, 1748:8,1759:13,1778:38

contained [2] -1704:3,

1727:20containing [1] - 1695:40contains [1] - 1730:6CONTAMINATED [1]-

1711:12contend[1]-1761:18content [1] - 1749:46contention [3] - 1745:14,

1775:40,1785:18contents [2] - 1753:10,

1808:15contest [1] - 1785:33context [1] - 1791:42continue [2] - 1768:17,

1801 :35continued [2] - 1696:41,

1697:30continues [1] -1708:16CONTINUING [1] -1694:8continuing [2] - 1708:17,

1793:9continuous [1] - 1717:32contractor [1] - 1744:30

contrary [1] -1725:1Control [1] - 1796:37

controlling [2] - 1733:5,1733:22

convenient [6] - 1703:20,1757:32,1788:8,1810:4,1810:11,

1810:15conveniently [1] -1703:41Conventions [1] -1727:35CONVENTIONS [1]-

1727:46convergence [1] -1784:9conversation [17] ­

1698:7,1739:7,1739:29,1739:33,1739:36,1739:38,1740:33,1745:4,

1749:34,1749:45,1750:3,1752:17,1778:15,1779:20,1779:23,1779:29,

1780:22convoy [15] - 1708:44,

1709:5,1709:6,1709:7,1709:19,1709:22,1709:26,1709:44,1710:28,1711:8,1711:24,1753:17,1753:19,1802:28,1806:9

convoys [7]-1710:14,1711:4,1711:6,1711:30,1711:32,1806:13

cook [1] - 1758:42cool [1] -1715:2

cools [1] - 1737:27Cooper[3]-1723:17,

1723:25, 1723:35copied [1] - 1751 :42copies [2] - 1792:10,

1792:11copper [1] - 1759:30COpy[16]-1714:33,

1718:45,1727:33,1727:35,1727:39,1727:40,1734:32,1746:32,1747:31,1748:15,1753:33,1753:42,1760:16,1792:34, 1796:26

COPY [5] - 1727:44,1727:46, 1728:3, 1728:4

copyright [4] - 1738:18,1748:12,1751:32,1751 :35

corner [3] - 1715:20,1735:35, 1756:32

CORR.002,0215_R [1]­

1760:10CORR.006,0053 [1]­

1769:3CORR.014,0141 [1]­

1788:7Correct [6] - 1706:11,

1729:22,1787:24,1788:25,1797:12,1797:22

correct[27]-1701:31,1701 :33, 1702:3,1724:24,1724:34,1729:3, 1729:20,1729:21,1729:26,1730:3,1730:10,1731:7,1731:27,1734:38,1734:39,1741 :35, 1755:42,1761 :18, 1776:27,1790:36,1791:10,1792:31,1795:27,1800:26,1803:47,1807:44, 1809:21

correctly [2] - 1766:29,

1791 :9

correspondence [2] ­

1806:14,1809:34corresponding [1]­

1705:13corrupt[1]-1713:44Counsel [2] - 1693:33,

1693:37counsel [2] - 1728:19,

1806:29countersigned [1]­

1747:3couple[7]-1694:10,

1713:21,1739:19,1742:47,1743:18,1789:42,1807:3

course [11] - 1706:17,1725:39,1733:12,1739:25,1740:9,1741 :20,1744:38,1756:10,1765:34,1798:3,1808:17

Court [1] - 1767:3courtesy [1] - 1715:35Courts[1]-1693:29cousin[2]-1714:43,

1741 :4cover[6]-1711:24,

1729:35,1730:39,1730:40,1730:47,1731:2

COVER [1] - 1733:44covered [1] -1790:16

covering [1] - 1730:15covers [2] - 1729:24,

1729:28CPL [5] - 1722:15,

1722:17,1722:22,1722:23,1722:29

Crace [2] - 1792:23,1808:3

CRAMER [IJ -1734:1Cramer[16]-1725:15,

1733:46,1734:7,1735:37,1737:39,1737:40,1738:4,1740:40,1753:3,1754:21, 1754:39,1757:20,1772:7,1779:18,1780:47,1782:45

Crayfish [1] -1764:1

crayfisherman [1]­

1758:46crayfishermen [1]-

1758:42creamy[1]- 1779:35created [1] - 1798:45

creates[1]-1797:15creation [1] - 1729:12

credence [1] - 1708:36credibility [3] - 1721:1,

1740:1,1782:12credible [5]-1762:37,

1762:39,1763:4,1763:11,1763:29

Credible [1] - 1763:31

CreW[30] -1694:29,

1694:31, 1698:21,1699:22,1699:33,1699:42, 1700:5,1700:8,1700:13,1700:16,1701:15,1701 :28, 1702:41,1702:42,1702:46,1703:3,1712:27,1712:33,1713:6,1718:12,1718:15,1729:36,1730:17,1736:3,1744:10,1760:25,1769:10,1771:36,1778:45,1793:17

criteria[4]-1701:4,1755:36,1756:5,

1809:13critical[5]-1694:41,

1743:45,1793:33,1803:13,1806:35

criticise [2] - 1792:43,1801 :30

Crowe [1] -1775:2

Culpability [1] - 1788:46CULPABILITY [1] - 1789:5

custody [3] - 1729: 11,1729:17,1748:18

cut[1]-1767:7

cutter [2] - 1802:40,1802:41

CWR [2] - 1714:25, 1724:7

D

Dad [2] - 1696:31,1696:34daily [2] - 1775:5, 1802:35damage [4] - 1714:2,

1714:3,1720:4,1720:13dangerous [1] - 1752:38Daniel [2] -1781 :18,

1781 :30dare [1] - 1784:35darned [1] - 1795:43Darwin [9] -1714:26,

1714:28,1718:8,1718:42,1721:20,1722:44,1723:47,1724:8,1724:10

DATE[2]-1753:27date[26]-1701:31,

1723:29,1723:30,1724:19,1724:24,1724:34,1725:28,1725:29,1728:33,1731:19,1731:22,1732:8, 1732:30,1753:31,1753:33,1762:12,1762:17,1765:46,1766:13,1767:9, 1769:44,1770:41,1782:34,1785:22

dated [2] - 1712:3,

1777:42DATED[I]-1712:7dates [2] - 1705:22,

TRAN.026.0125 R

,3/2/09 (26) 7Transcripl produced by Merrill Legal Solulions

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,3/2/09 (26)

1799:13,1801:9,1802:17,1805:41,1808:3, 1809:36,1809:37

December/January [1]­

1736:43DECHAINEAUX [1]­

1809:42Dechaineaux [4]­

1805:41,1806:18,1806:38, 1809:37

decided [2] - 1736:15,

1741 :3decipher [1] - 1720:33decision [1] - 1764:39deck [3] -1798:24,

1798:27,1798:35decomposed [1]­

1755:17deep [2] - 1770:43,

1770:45defence [1] - 1762:34Defence [2] - 1761 :8,

1761 :10definite[1]-1776:11

degrees [6] - 1777:11,1777:12,1785:41,1792:17,1798:7

deliberate [1] -1721:40deliberately [2] - 1798:20,

1798:41delighted [1] -1742:21delinquent [1] - 1743:47delivered [1] - 1711 :6

demand[1]-1757:6demonstrated [1]-

1716:35Denham [2] -1746:17deny[1]-1789:25

denying [2] -1786:1,1786:28

depart [1] - 1782:9Department [2] - 1781 :17,

1785:26department [1] -1739:15dependent[1]-1741:41Derek [1] - 1701 :39describe [1] - 1740:5described [3] -1762:44,

1773:16,1773:47description [1]-1735:12deserted [1] -1805:20desired[3]-1711:19,

1808:35,1810:10desolate [1] - 1737:26desperate[1]-1710:19

Desperate[1]-1710:24destination [1] - 1696:19

destroy [2] - 1732:46,1733:23

destroyed [5] -1733:3,1733:7,1733:8,1733:11,1775:7

destroys [1] - 1732:45destruction [3] -1733:12,

1733:15,1733:21detail[6]-1698:41,

1700:6,1753:7,1765:16,1783:45,1790:13

details[2]-1759:17,

1761 :41detect [1] - 1722:25detector[3]-1737:17,

1737:31,1756:34detectors [2] - 1737:22,

1781 :1determine [1] - 1733:6

determining [1] -1701:9Detmers [9] - 1785:40,

1792:19,1792:20,1792:21,1792:26,1794:5, 1794:46,1795:7,1799:17

Detmers' [7] - 1792:39,1793:15,1793:20,1793:21,1794:34,1795:32,1798:11

developed [1] - 1733:4DFAT[I] - 1762:31DH [1] -1693:37diagonal [1] - 1727:29

dialogue [1]-1793:10diary [5] -1703:16,

1724:41,1724:46,1725:1,1799:18

Dick[10]-1740:14,1740:33,1745:4,1745:39,1745:41,1745:45,1746:9,1746:15,1746:21,

1779:14dictates [1] - 1725:27die [1] - 1752:39died [3] -1742:25,

1764:30, 1764:36difference [2] - 1761 :15,

1796:8different [25] - 1695:16,

1700:41, 1702:21,1707:16,1716:26,1717:39,1717:45,1719:21,1726:21,1730:21,1741:23,1751 :9, 1765:31,1770:13,1774:38,1788:23,1792:36,1793:46,1794:46,1794:47,1801:16,1802:31,1806:26,

1807:15differs [1] - 1729:37difficult [13] - 1712:40,

1714:11,1720:32,1722:41,1737:11,1738:28, 1743:3,1784:25,1795:1,1798:3, 1798:42,1805:46, 1808:4

difficulties" [1]-1713:45difficulty [3] - 1798:18,

1804:37,1807:25dig[2]-1737:12,1744:46digging [2] - 1736:43,

1737:12diggings[1] -1736:31diminished [1] - 1710:33

dinner[1]-1746:44dire[1]-1714:8

direct [2] - 1695:23,1780:22

directed [7] - 1695:33,1695:39,1698:15,1776:6,1776:11,1776:20,1791:15

direction [1] - 1801 :2directions [1] - 1745:32Directly[1]-1735:10director [1] - 1787:13

Director[3]-1725:14,1728:15,1791:28

Dirk[1]-1758:46

disadvantageous [1]­

1806:4disagree [1] - 1789: 14

disagreement [2] ­

1793:7,1793:10disappeared [2] -

1745:40,1745:47disappears [1] - 1799:2Discharged [1] - 1766:39

discovered [2] -1709:16,1736:10

discoveries[1]-1788:1

discredited [4] - 1794:13,1794:19,1794:20,

1794:22discretion [1] - 1726:3discuss [1] -1796:23discussed [3] - 1761 :36,

1782:17,1809:45discussing [3] - 1708:41,

1716:9,1727:16discussion [2] - 1702:45,

1712:30discussions [3] - 1703:7,

1767:31,1778:17disheartened [1]­

1755:41dismiss [2] -1763:8,

1768:34dismissed [1] -1715:14displayed [1] - 1758:22

disposing [1] -1727:24disregard [1] - 1808:27disseminated [2]-

1785:42,1786:26distance [8] - 1711 :25,

1768:42,1799:47,1800:5,1800:19,1800:20,1800:23,

1800:42distinguishing [1]­

1806:13distress [7] - 1713:44,

1718:8,1718:13,1719:19,1722:1,1722:44,1724:32

distressed [1]-1744:21District [3] - 1776:16,

1776:17,1776:20

8

disturbing [1] - 1744:38disturbs [1] - 1792:6

dive [1] - 1744:28diving [3] -1744:24,

1744:29,1744:30DNO [2] -1776:20,

1778:38docked [2] -1696:42,

1697:37Doctor[1]-1804:36doctor's [1] -1780:30

doctorate [1] - 1787:20DOCTORATE [1]-

1787:29doctrinal [1]-1787:27document [27] - 1712:1,

1716:21,1716:22,1716:25,1717:3,1730:39,1734:32,1735:34,1735:47,1747:23,1748:34,1749:11,1749:20,1749:31,1752:2,1752:45,1752:46,1753:24,1753:29,1755:2,1755:6,1769:46,1770:14,1776:12,1780:8,1780:17,1799:24

DOCUMENT[I] - 1752:14documents [22]-1717:42,

1720:37,1720:38,1724:23, 1732:41,1733:33,1734:20,1734:24, 1734:27,1747:39,1750:25,1751:47,1754:31,1754:32,1785:2,1785:30,1785:44,1785:45,1786:8,1803:14,1807:3

dogmatic [1] -1789:27dogs [2]-1744:39DOm[3]-1749:36,

1752:24,1756:34Dominic [1] - 1737:32done [15] - 1742:39,

1744:13,1757:5,1761 :40, 1762:4,1767:41,1776:15,1776:16,1776:17,1779:32,1782:23,1786:33,1795:43,1805:33, 1809:4

doomed [1] - 1762:33

dot [3] -1699:9,1699:14,1700:38

double [2] -1708:32,

1711:9doubt [9] - 1744:22,

1750:47,1771:27,1772:4,1772:12,1773:7,1795:11,1795:22, 1795:26

doubtful [1] -1762:30

doubts [1] - 1795:29down[49]-1695:11,

TRAN.026.0126_R

1703:14,1703:16,1705:31,1706:46,1707:25,1707:33,1710:44,1710:45,1711:22,1712:40,1714:16,1715:41,1721:2,1721:16,1722:28,1723:22,1724:33,1731:18,1732:29,1732:35,1737:28,1740:11,1742:7,1745:15,1745:16,1745:19,1746:22,1752:39,1752:42,1758:22,1759:21,1761:37,1761 :45, 1763:34,1763:37,1764:7,1764:13,1764:14,1764:16,1764:22,1766:3, 1766:9,1766:27,1767:35,1772:15,1773:15,1795:1,1802:40

downed [1] - 1695:36DR [1] -1788:37Dr[31]-1702:14,1703:16,

1713:34,1714:21,1717:2,1759:14,1760:2, 1762:41,1762:44, 1763:3,1786:45,1787:5,1787:15,1787:27,1787:34,1788:12,1788:43,1789:42,1792:26,1794:11,1795:19,1796:23,1801:22,1803:18,1804:3, 1805:40,1807:11,1808:5,1810:11,1810:12

drastic [1] - 1808:25

draw [4] -1706:25,1716:15,1766:23,

1766:25drawing[1]-1759:19drawn [1] - 1704:35dreadful [1] - 1735:39

drift [1] - 1755:28Drills [5] -1726:35,

1726:44, 1727:37,1727:39,1727:41

drills [12] -1703:27,1705:4, 1725:32,1726:8,1726:37,1726:47,1727:3,1727:4, 1727:5,1727:22, 1730:45

DRILLS [4] - 1703:32,1728:1,1728:3,1728:5

drop [1] - 1759:2drop-offs [1] - 1759:2drowned [4] - 1735:7,

1744:23,1772:25,1773:28

drums[2]-1711:13,

1746:41

Transcripl produced by Merrill Legal Solulions

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DSC's [2] -1805:45,1806:7

DSTO[I]-1713:15

dUe[3]-1706:17,1808:17,1810:8

Dulverton [11] - 1760:27,1763:47,1764:9,1772:9,1772:18,1778:47,1779:8,1780:46,1782:30,1782:32,1782:37

duly [1] - 1726:4during [7] - 1711 :33,

1711:43,1711:45,1725:42,1748:24,1760:41,1807:25

duty [2] -1715:24,1724:44

dyslexic [1] - 1762: 17

E

Ean[2]-1746:33,1810:8EAN[I]-1747:26

early[7]-1703:47,1712:14,1737:13,1739:13,1741:5,1755:12,1760:4

Early[1]-1749:1Earth [1] -1741 :21

easily[1]-1744:10east [6] -1777:12,

1777:19,1777:33,1777:34, 1798:37,

1798:39East[5]-1712:42,1713:2,

1713:4,1728:17,

1728:30Eckersley[1]-1753:46edifice [1] -1708:25educated [1] - 1752:5effect [12] -1713:16,

1726:28,1727:11,1727:15,1754:14,1765:6, 1772:34,1794:14,1798:27,1798:47,1799:11,1800:33

efficiency [1] - 1808:14efficiently [1] - 1786:33effort [3] -1755:46,

1795:11,1799:19efforts [1] - 1743:47oight[6]-1705:42,

1736:15,1737:30,1737:45,1743:25,

1796:1EILEEN [1] - 1694:3either [8] - 1739:24,

1744:37,1745:16,1770:16,1772:9,1778:38,1789:19,

1808:3701[1]-1801:5elaborate [1] - 1801 :26elder [3] - 1698:29,

1698:40, 1702:34Electricity [1] - 1712:15element [2] - 1765:24,

1783:9elements [9] -1762:1,

1762:8,1762:18,1762:28,1762:29,1763:10,1765:15,1773:41,1796:24

elsewhere [1] - 1795:35elucidated [1] -1800:27email [1] - 1751 :31emailed [1] -1759:41emails [1] - 1751 :33emerged[2]-1741:38,

1741 :39employees [1] -1740:31empt [1] - 1785:8encounter [2] - 1773:10,

1788:16ENCOUNTER [1]­

1788:39encountered [1] - 1801 :17encountering [1]­

1809:15end [10] - 1704:18,

1706:16,1706:46,1708:15,1747:46,1755:20,1755:34,1755:40,1781:37,1807:33

endeavouring [2] ­

1711:26,1774:3Eneabba [4] - 1748:23,

1748:24,1748:28,

1748:36ENEABBA[I] -1748:36engage [1] -1799:32engaged [1] - 1777:21engagement [3] -

1696:24,1787:17,

1801 :23engine[3]-1764:31,

1764:39,1771:38engineers [2] -1735:44,

1795:41engines [2] - 1798:46,

1799:4England [1] - 1759:41English [1] - 1713:1Enid [2] - 1750:24,

1750:27ensuing [1] - 1698:30

ensure[1]-1711:13enter[1]-1791:28entered [7] - 1705:33,

1706:10,1714:22,1717:16,1717:33,1726:20,1766:13

entire [1] -1752:29entirety [1] - 1716:8entitled [5] - 1703:25,

1704:25,1787:22,1788:23,1788:45

ENTITLED [2] - 1787:30,

1789:4Entrance [13] - 1736:29,

1740:10,1741:13,1744:11,1744:15,1744:23,1754:41,1763:47,1764:9,1770:28,1772:10,1779:11,1779:12

entrances [1] - 1764:8entries [14] - 1705:38,

1707:25, 1714:20,1714:34,1716:6,1716:22,1717:7,1717:27,1717:32,1717:33,1724:2,1762:10,1762:11,1802:38

entry [30] - 1705:29,1705:30,1705:31,1705:33,1705:38,1706:2, 1706:3,1706:15,1707:3,1708:3, 1714:32,1714:37,1717:14,1717:34,1723:39,1723:41,1724:4,1725:28,1731:11,1731 :28,1732:9,1732:13,1732:17,1766:1,1766:4,1766:10,1766:37,1768:21, 1802:35

Epineux [1] - 1764:1

episode [1] - 1698:7equipment [1] - 1782:36equipped[1]-1806:19eradicated [1]-1740:46error[8]-1704:17,

1708:3,1766:19,1766:20,1766:27,1766:28,1768:12

errors [4] - 1762:15,1766:47,1767:9,

1767:34escape[1]-1746:42escaped [1] - 1744:4

escort [1] -1802:37

Esplanade [2] - 1720:30,

1723:34essential [1 J- 1803:20

establish [1J - 1712:20

established [3] - 1701 :21,1701 :30, 1796:36

establishes [1] - 1725:1

Evagoras[5]-1776:14,1776:25,1776:33,1776:47,1777:27

evaporates [1] -1742:15

evening [2] - 1746:43,

1786:38event[6]-1697:3,1716:8,

1735:28,1747:19,1784:3,1784:5

events [4] - 1760:38,

1761 :7, 1769:8, 1802:35evidence [69] - 1698:45,

1698:47,1699:3,1703:2,1709:18,1709:34,1713:15,

1713:16,1717:2,1724:46,1725:18,1725:20,1738:25,1738:41,1742:16,1744:3,1744:4,1747:14,1747:34,1750:47,1754:10,1761:7,1761:16,1761:18,1761:21,1761 :33, 1761 :34,1762:38,1762:39,1765:1,1768:32,1770:31,1770:40,1772:1,1772:32,1772:34,1772:35,1773:4, 1773:8,1773:47,1774:2,1774:14,1774:15,1774:26,1774:31,1775:4,1775:18,1775:21,1778:27,1778:29, 1779:3,1779:5, 1779:8,1779:18,1780:44,1782:4,1782:8,1782:11,1783:6,1783:36,1783:42,1784:9,1784:18,1792:8, 1798:44,1800:32,1804:45,1805:1,1805:4

evolved[1]-1759:36

ox[5]-1694:31,1699:22,1699:33,1699:42,1804:29

ex-crew[4]-1694:31,

1699:22,1699:33,1699:42

ex-Sydney [1] - 1804:29

exactly [9] - 1741 :23,

1744:15,1759:29,1792:32, 1796:2,1800:8, 1800:21,1803:11,1804:29

Exactly [2] - 1724:28,

1725:2EXAMINATION [5]­

1694:8,1728:11,1734:3,1758:7,1787:3

examination [3] - 1705:7,1708:7, 1725:32

examine [2] - 1761 :29,

1804:18examined [11] -1703:12,

1703:39,1703:44,1737:19,1742:10,1742:22,1761:30,1781:19,1781:41,1791 :35, 1802:14

examining [1] -1804:37

example [2] - 1752:19,

1804:11excellent [2] - 1787:45,

1792:38exciting [2] - 1740:23,

1756:5Excuse [1] - 1766:9

TRAN.026.0127 R

exempt [1] - 1750:13

exercise [1] - 1802:40

exhibit [7] - 1731 :38,1747:23,1753:24,1756:16,1756:22,1786:17,1786:25

EXHIBIT[17] -1703:31,1712:6,1727:44,1731:40,1731:45,1733:37,1733:43,1747:25,1752:14,1753:26,1756:18,1756:24,1786:19,1787:29,1788:37,1789:4,1809:39

exhibits [2] - 1733:28,

1785:2exhumed [1] - 1743:7

existed [1] -1787:45

existence [1] - 1796:28

exists [2] - 1769:9, 1770: 1

expect [4] - 1779:41,

1791 :24, 1802:5expected [3] - 1765:17,

1781 :21, 1805:37expedition [1] -1752:35

expeditions [1] - 1744:27

expended[2]-1783:10,

1783:17experience [5] - 1737:17,

1744:24,1744:29,1758:40,1805:26

experienced [2] - 1773:5,

1773:8experiences [1] -1746:36

expert [2] -1772:43,

1799:7experts [1] - 1770:32

explain [1] -1796:38

explained [2] - 1765:14,

1767:44explaining [1] - 1767:45

explanation [4] - 1708:21,

1762:19,1769:16,1769:24

explanatory [2] - 1714:35,

1724:18exploration [3] - 1736:28,

1782:30,1790:26exploratory [1] - 1781:1

explosions [1] - 1746:45

expressed [1] - 1738:21

expression [1] - 1708:28

extant[1]-1798:1

extended [1] - 1784:28

extensive [1] -1738:27

extent [2] - 1762:29,

1809:1extinguishing [2] ­

1705:8, 1725:33extract [6] - 1727:34,

1727:38,1732:41,1734:37,1770:5

EXTRACT[3]-1727:45,

1728:2extracts [1] - 1727:33

EXTRACTS [1] - 1727:44

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extraordinary [1]­

1719:17extreme [2] - 1713:45,

1770:33extremely[8]-1714:11,

1736:44,1738:30,1740:15,1744:24,1789:18,1795:12,1796:14

eye [2] - 1742:42, 1766:46eyes[1]-1796:12

F

face [3] -1766:18,1767:25,1771:46

faced [3] - 1756:36,1772:12,1807:25

facet [1] - 1781 :37facie [1] -1799:29fact[35]-1695:14,

1698:13,1698:31,1701 :22, 1703:47,1705:13,1705:28,1706:21,1708:26,1724:30,1736:33,1736:40,1737:9,1746:37,1748:22,1750:15,1751:22,1753:11,1754:17,1762:14,1762:33,1764:3, 1764:21,1766:46,1767:33,1779:7,1780:8,1780:17,1783:35,1783:40,1785:9,1789:9,1789:46,1790:15,1794:44

factor[1]-1798:17facts[5]-1718:18,

1735:39,1742:43,1742:44,1742:46

FACTS[I]-1786:20factual[1]-1769:7Failed [1] - 1807:22failing [2] - 1807:12,

1809:16Failing[1]-1807:21failure [5] -1792:43,

1807:26,1807:35,1807:40, 1808:37

fair [8] - 1698:32, 1710:38,1724:28,1751:32,1758:39,1767:34,1787:35,1799:14

fairly [5] -1703:15,1724:33,1741:10,1743:25,1755:19

faith[I]-1716:12falls [2] -1742:7,1766:40False [13] - 1736:29,

1740:10,1741:12,1744:11,1744:15,1744:23,1754:41,1763:46, 1764:9,1770:28,1772:10,1779:11

false [1] -1743:23familiar[2]-1741:10,

1768:5family [10] - 1694:32,

1696:7,1697:22,1699:45, 1700:8,1700:10,1700:13,1700:17,1701:19,1701 :28

far [15] - 1701 :33,1701 :44, 1703:6,1725:18,1744:17,1757:13,1762:39,1764:7,1767:13,1767:46,1791:12,1794:22,1798:1,1803:36, 1804:28

father [14] - 1695:24,1698:35,1698:40,1740:29,1751:15,1751:20,1774:32,1774:42,1775:21,1775:22,1775:28,1775:43,1775:45,1775:47

father's[1]-1775:29fault [1] - 1804:40fax [2] - 1751 :39, 1751 :40faxed [3] - 1712:44,

1751:31,1751:41faxing [1] - 1752: 18fears[2]-1746:36,

1779:24February [1] -1693:40FEBRUARY [1] -1810:21feedback [3] -1775:38,

1775:39,1775:46feet [1] -1737:23felt[I]-1695:14few[7] -1729:22,

1736:14,1737:3,1741 :29, 1743:2,1759:11,1799:16

field [6] - 1736:34, 1763:2,1774:2,1783:12,1783:14,1790:14

fiflh [2] - 1766:29, 1766:30figures [1] - 1746:27file[4]-1715:5,1715:13,

1787:43,1806:28filed [1] -1787:43files [5] -1700:26,1703:6,

1775:5,1775:10,1787:44

filled [3] - 1704:30,1726:4, 1752:37

film[1]-1740:47final [3] - 1732:43, 1776:4,

1790:24finally[4]-1715:11,

1742:24, 1744:38,1782:25

findings[2]-1778:12,1790:18

fine[7]-1716:19,1746:19,1758:25,1798:14,1799:15,

1800:27fine-tooth [1] - 1758:25finish [2] - 1694:10,

1805:43FIRE[2]-1728:2,1728:5Fire [3] -1726:44,

1727:39,1727:41fire [5] -1705:4,1705:8,

1725:32,1727:4fire-extinguishing [1]­

1705:8fires [1]-1805:21first[71]-1695:12,

1699:24,1701:14,1701 :26,1702:19,1704:25,1704:27,1704:42,1705:2,1705:13,1708:7,1711:6,1711:8,1711:9,1712:25,1712:28,1714:36,1715:1,1715:16,1717:23,1724:30,1724:33,1725:28,1726:15,1728:33,1728:35,1729:32,1731:9,1732:9,1735:31,1736:27,1736:30,1736:36,1738:13,1738:31,1738:37,1738:41,1740:36,1740:38,1741:9,1741:37,1741:40,1742:25,1744:12,1744:34,1744:42,1748:10,1750:21,1750:22,1752:35,1756:5,1760:16,1760:21,1761:24,1761 :31, 1762:38,1765:30, 1767:1,1768:30,1773:19,1776:7,1780:47,1782:26,1789:22,1796:25,1796:31,1797:4, 1799:9,1801:44,1810:8

First [3] - 1698:4, 1763:18,1785:20

first-hand [2] - 1695:12,1701 :26

firstly [2] - 1736:24,1761 :4

Firstly [1] - 1782:41fisherman [5] - 1748:8,

1749:17,1749:34,1749:39,1749:46

fishermen [2] - 1746:18fit[3]-1717:44,1756:5,

1766:24fits [2] - 1735:13, 1783:36five [7] - 1704:3, 1719:31,

1736:21,1747:47,1748:3,1769:15,1773:21

flag [12] - 1797:14,1797:20,1798:29,

1798:30, 1799:41,1799:47,1800:5,1800:8,1800:19,1800:47,1805:47,1807:39

flag-reading [3] -1800:5,1800:8,1800:19

flags [13] - 1797:26,1797:40,1798:18,1798:28,1798:35,1798:40,1798:47,1800:34, 1800:37,1804:38,1806:16,1806:18,1806:38

flare [5]-1783:10,1783:17,1783:35,1783:36,1784:29

flashes [2] -1745:16,1745:28

flashing [2] - 1784:10,1806:11

f1eW[1] - 1792:36FLGOFF [1] -1723:35flight [1] - 1798:28float [2] - 1764:27,

1771 :29floating [1] - 1698:8floats [1] - 1755:33floor [3] - 1770:34,

1770:37,1770:43flows [1] - 1709:32FLTLT[I]- 1723:17Fly [1] - 1799:23fly[I]-1710:24Flying [1] -1709:6flying [1] -1710:31follow [4] -1742:46,

1743:27,1744:33,1775:1

followed [3] -1726:37,1736:7,1738:16

following[13]-1696:17,1696:23, 1724:2,1724:5,1724:14,1726:39,1759:35,1769:7,1796:39,1807:5, 1807:6, 1808:19

follows[5]-1704:21,1707:14,1708:3,1710:47,1714:23

foot [2] - 1759:1football [1] - 1736:34FOR[2]-1712:6,1787:29Force [2] -1724:29,

1777:23force [1] -1796:40Foreign[1]-1761:10forensic[1]-1781:47Forensic [1] - 1781 :17forget[1]-1809:29forgetting [1] - 1795:3forgot [1] - 1753:47Form[4]-1726:12,

1726:30, 1727:8,1727:12

form [10] -1725:36,1725:47,1726:11,

TRAN.026.0128_R

1726:19,1726:21,1726:41,1727:12,1727:26,1730:32,1744:38

formally [1] - 1750:33format [2] - 1726:30,

1727:11formed [5] - 1759:42,

1763:24,1763:26,1763:28, 1763:29

former [2] - 1694:3,1694:5

Forrester[1]-1775:18forthwith [1] - 1796:41fortnights[1]-1740:11forum [1] - 1723:28forward [11] - 1700:44,

1700:47,1701:40,1702:2, 1709:22,1709:39,1724:46,1738:45,1748:13,1750:46,1794:14

forwarded [3] -1738:17,1747:41,1748:11

four [22] - 1694:21,1696:11,1700:25,1700:38, 1700:41,1701 :14, 1702:5,1702:12,1707:7,1708:33,1720:32,1735:40,1740:34,1742:37,1744:14,1745:5,1752:37,1771:23,1771:24,1773:22,1775:33,1809:30

Four [1] - 1722:35fourth[6]-1694:14,

1701:36,1701:44,1708:40,1773:29,1801 :35

frame [4] -1717:38,1717:39,1717:45,1741 :12

Frame [1] -1741 :28Francis [1] - 1742:32Franklin[2]-1781:18,

1781 :30frankly [4] -1750:8,

1751:18,1779:46,1794:38

Fremantle [14] - 1708:45,1709:11,1723:28,1728:37,1731:24,1731 :26, 1732:21,1732:35,1735:44,1762:35, 1766:6,1766:11,1766:13,1787:10

Frequency [5] - 1719:12,1719:38,1720:19,1721 :30, 1722:7

frequency [1] - 1720:22Frequently[2]-1807:18,

1807:19friend[3]-1712:43,

1737:31,1775:8

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TRAN.026.0129 R

friendly [1] - 1809:3 1736:11,1737:34, GlenyS[4]-1733:41, Guardian [1] - 1759: 12 1700:45,1709:45,friends [1] - 1736:14 1737:35, 1740:27, 1782:12,1782:18, guess [2] - 1748:22, 1712:25,1723:44,

friendship [1] - 1759:43 1741 :5, 1743:8, 1784:6 1760:4 1725:18,1725:21,

FROM [6]-1727:45, 1743:31,1748:8, GLENYS [2] - 1694:3, gun [3] -1805:4,1805:20, 1738:11,1738:12,

1728:2, 1733:43, 1748:28,1755:44, 1733:43 1805:21 1742:26,1745:14,

1786:19,1809:41 1758:41,1759:12, Glenys's [1] - 1783:24 guns [2] - 1800:43, 1745:16,1745:18,

front [11] - 1700:26, 1764:23, 1765:21, global [1] - 1790:29 1809:20 1745:42,1746:44,

1717:37,1729:25, 1768:37,1768:43, gloves [1] - 1703:28 guy [1] - 1737:33 1750:31,1754:18,

1729:35,1730:40, 1769:37,1770:20, glued [1] - 1730:26 guys[1]-1743:12 1756:3,1761:33,

1730:47,1731:2, 1770:22,1773:19, Google [1] - 1741 :20 1763:1,1768:31,

1734:28,1760:15, 1775:5 Gordon [4] - 1714:38, H 1768:32, 1770:31,

1765:38, 1789:45 Geraldton" [1]-1723:19 1714:41,1714:43, 1772:6,1779:18,

fuel [10] - 1709:9, 1710:6, Gerhardt [3] -1712:26, 1723:29 1779:19,1779:25,

1710:15,1710:19, 1712:35,1712:41 governed [1] - 1729:3 half[3]-1711:9,1734:41, 1782:15,1783:21,

1710:24,1710:33, German [32] - 1696:45, Government [10]-1739:38 1804:40

1710:36,1711:2, 1697:39,1709:10, 1716:17,1720:43, halfwaY[I]-1710:46 hearing [3] - 1724:32,

1711:32,1711:45 1710:7,1712:33, 1720:45,1743:46, Hall [2] - 1724:40, 1758:23 1724:42, 1780:3

full [10] -1708:40, 1712:37,1712:44, 1751 :10,1767:41, halls [1] -1796:16 heat [5] - 1709:36,

1728:14,1734:6, 1719:31,1742:36, 1785:10,1785:19, hammered [1] - 1736:12 1798:45,1799:1,

1746:35,1758:10, 1742:41,1744:2, 1785:37,1785:43 hand [18] - 1695:12, 1799:2, 1799:4

1758:11,1764:17, 1744:6,1791:2, Governments [1]- 1701 :26, 1703:37, heavily [3] - 1724:33,

1787:5,1801:41,1802:2 1791:12,1791:43, 1716:12 1705:5,1731:11, 1736:12,1755:23

fully [3] - 1738:27, 1791:47,1792:15, Governor [1] - 1785:27 1731:19,1731:27, heavy [2] - 1708:26,

1746:19,1765:26 1793:12,1793:35, Governor-General [1]-1732:8,1732:12, 1746:46

Fundamentally [1]- 1793:39,1794:16, 1785:27 1732:17,1732:29, Heazlewood [18] - 1699:5,

1793:12 1794:32,1794:33, GP[I]-1781:15 1734:41,1735:35, 1699:34,1699:43,

funnels [2] - 1798:46, 1794:41,1794:44, GPS [1] - 1759:3 1756:32,1766:12, 1701:11,1701:15,

1799:5 1795:9,1795:13, grabbed [1] - 1754:23 1781:27,1785:45 1702:44,1702:47,

furphy [1] -1716:36 1795:21,1795:29, grand [2] - 1736:27, handed [2] - 1730:38, 1703:3,1703:7,

furthermore [1] -1697:4 1798:42,1799:171737:39

1751 :34 1761 :21, 1762:30,Germans [9] - 1697:11, grand-daughter [2]-

handing [1] - 1703:25 1762:37,1763:4,

G 1698:16,1709:4, 1736:27,1737:39 handling [1] - 1703:29 1763:16,1763:25,1743:40,1758:26, grant[1]-1795:32 hands[1]-1716:1 1763:27,1773:381759:35,1791:11,

granted[1]-1787:39 hang[2]-1794:18, Heazlewood's [1]-

gallons[1]-1711:10 1792:35,1806:16grave [2] - 1736:31, 1794:39 1762:30

Garden [1] -1739:38 Germany [4] - 1712:42,1795:22

hanging [2] - 1804:20, heck [1] -1795:16General [1] -1785:27 1713:2,1713:4,1714:45

graves [5] - 1709:38, 1804:24 Heinz [2] - 1712:26,general [1] - 1736:11 gigantic [1] - 1789:39

1736:33,1737:18, happy [4] - 1708:20, 1712:35generated [2] - 1759:45, Gill[7]-1791:7,1791:16,

1749:39,1757:91716:14,1716:44, held[4]-1711:2,1716:1,

1806:15 1791:34,1791:35,great [5] - 1708:35, 1716:47 1729:10,1767:1

generation [1] - 1799:5 1794:34, 1795:91735:26,1785:39, hard [5] - 1722:25, Held [1] - 1693:29

gentleman [9] - 1700:15, Gill's[I]-1791:13 1796:12,1807:25 1752:26,1795:30, help [1] -1703:51712:12,1740:13, girl [3] -1695:6,1738:47, greater [1] - 1759:45 1795:43, 1804:22 helped [1] - 1735:71746:19,1752:6, 1743:19 Gregory [3] - 1700:42,

Hardstaff[3]-1792:34, helpful [1] -1725:71759:25,1759:26, girls [13] - 1694:23, 1784:15,1784:19 1803:4, 1803:33 hence [1] - 1806:101771 :32, 1774:20 1694:36,1695:14, greW[1] -1745:22 Hartog[I]-1758:46 Heritage [1] - 1737:35

gentleman's [1] -1698:39 1695:15,1695:18,grey [2] -1739:4,1751 :22

hat[I]-1787:39 Hermon [2] - 1791 :7,gentlemen [1] - 1793:9 1695:37,1695:38,

Groesmann [7] - 1712: 13,hazarding [1] -1805:22 1791 :16

genuine [1] - 1767:2 1695:42,1695:47,1712:21,1712:26,

hazardous [1] - 1808:25 HettY[I]-1724:40George [9] -1734:8, 1698:13,1698:20,

1712:35,1712:41, haze[4]-1798:45, Hetty's [1]-1724:411738:16,1748:11, 1698:25, 1698:42

1754:161799:1,1799:2,1799:4 Hidden [1] - 1755:10

1748:16,1749:9, given [30] -1695:10,Grossmann's [1]-

head [1] - 1696:33 hide [1] -1716:121758:11,1791:6, 1696:36,1697:26,

1712:45 Head [1] -1758:47 high [3] -1720:47,1791:13,1791:15 1697:27,1703:8,

Grossmers [2] - 1712:35, headed [1] -1753:29 1744:11,1789:18GEORGE [2] - 1758:5, 1712:12,1712:13,

1712:39 heading [1] - 1710:45 highly[4]-1715:34,1786:19 1713:15,1714:8,

ground [6] - 1737:14, headlands [4] -1735:10, 1744:5,1754:1,1796:16George's [1] - 1748: 10 1714:38,1715:5,

1743:10,1744:37, 1739:22,1739:46, Highway[I]-1745:37Geraldton [41] - 1696:9, 1721 :4, 1725:20,

1755:19,1756:36, 1740:6 himself[2] -1762:43,1696:20,1697:23, 1736:3, 1736:5,

1782:29 HEADQUARTERS [1]- 1799:211710:25,1710:27, 1737:38,1739:19, 1733:37 hind [1] -1793:271711:25,1711:33, 1746:27,1754:21, Group[1]-1751:6

group [6] - 1736:25, heads [1] - 1794:2 historian[4]-1734:12,1715:20,1715:22, 1761 :8, 1761 :33, health[I]-1810:10 1736:10,1736:12,1752:23,1752:29,1715:36,1716:40, 1772:32, 1784:9, hear [7] - 1694:24, 1803:191754:20,1788:8,1720:30,1722:30, 1791 :20, 1793:26, 1725:13,1725:19, Historical [2] - 1783:20,1788:351723:17,1723:44, 1795:22,1795:32, 1751:24,1754:10, 1791 :221734:8,1734:12, 1797:8, 1800:26, grown[1]-1775:24

grudges [1] - 1758:28 1767:18,1783:33 histories [2] - 1700:38,1734:15,1736:6, 1808:39

guarantee[1]-1703:16 heard [30] - 1700:33, 1713:24glance [1] -1789:23

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1742:37,1743:1,1770:11,1799:16

hours'[1]-1803:15house[2]-1696:6,1696:7huge [9] - 1736:32,

1791:1,1791:14,1792:7,1794:15,1794:32,1794:35,1794:41,1795:8

human [5] -1781 :23,1781 :27, 1781 :34,1781:35,1781:38

hundreds[1]-1735:13hung [1] - 1795:8hunter [1] - 1759:40husband [4] -1739:1,

1740:30,1746:40,

1746:43Hult [2] - 1774:23,

1783:46Hydro[I]-1712:15

Hydro-Electricity [1]­

1712:15hypothesis [1] -1695:19

idea[9]-1715:21,1718:30,1736:41,1736:46,1743:23,1756:35,1773:4,1792:38,1804:17

ideal [2] -1755:13,1755:21

Ideal [1] -1755:15

ideas[1]-1743:13identification [12]-

1753:31,1798:2,1799:13,1801:1,1801:13,1801:25,1801:32,1804:19,1805:5,1806:10,1806:18,1809:47

identified [10] -1699:23,1699:34,1716:41,1733:8, 1735:23,1763:17,1782:31,1783:24, 1799:21,1801 :30

identifies [1] - 1762:42identify [9] -1776:8,

1781:22,1781:24,1797:19,1797:40,1799:31,1806:3,1806:38, 1807:39

identifying[3]-1796:41,1797:4,1801:38

identity [2] -1712:20,

1796:34ignorance [1] - 1698:2211[4]-1693:17,1760:26,

1769:11,1778:46ii [2] - 1796:41, 1801 :36illogical [1] -1764:24illuminated [1] - 1765:25

imagination [1] - 1745:22

history[7]-1694:17,1698:23, 1785:37,1787:40,1789:16,1791:6,1791:13

hit [2] - 1766:46, 1771 :39HM [3] -1796:34,1809:35,

1809:40HMA [2] - 1808:15,

1808:39HMAS[35]-1693:17,

1696:23,1696:43,1712:3,1712:7,1712:24,1713:44,1714:2,1715:5,1723:46, 1735:8,1741:27,1758:15,1760:21,1760:25,1761:11,1762:22,1766:20,1767:14,1767:19,1769:10,1771 :36, 1777:22,1778:45,1783:11,1783:18,1784:30,1785:38, 1786:21,1787:16,1787:23,1787:31,1788:24,1788:40,1803:21

HMAS" [1] - 1718:46hoax [1] - 1789:39hoist [3] - 1798:29,

1800:47,1805:47hoisted [1] - 1798:30hold [2] -1733:18,

1758:27Holt [2] - 1740: 14,

1740:33home [3] - 1712:34,

1714:33,1736:34Hon [1] - 1693:24honest [3] -1760:45,

1772:38, 1779:44honestly [1] - 1737:7Honour [3] - 1800:7,

1802:36, 1805:32honourable [3] - 1740:16,

1740:24, 1792:21honoured [1] - 1698:36hope [1]-1788:19hoping [1] -1714:35Horn [1] - 1737:32Horrocks[1]-1784:15

Hostel [1] - 1720:30hostel [1] - 1723:24

hot [2] -1736:44,1737:26Hotel [1] -1723:35hotel [3]-1724:31,

1763:16,1773:38Hoult [8] -1745:4,

1745:39,1745:41,1745:45,1746:9,1746:15,1746:21,

1779:14Hoults [1] - 1780:29hours[11]-1711:24,

1711:27,1711:28,1714:9,1717:44,1719:31,1737:3,

imagine [5] - 1715:22,1715:29,1715:35,1742:38,1755:18

immediately [9] - 1703:35,1704:21,1759:14,1777:11,1799:20,1799:22,1805:43,1808:26,1808:38

immensely [1] -1745:1impact [1] - 1766:36impeccable [1] - 1771 :34

importance [2] - 1716:42,1808:21

important[7]-1711:15,1717:12,1735:8,1739:42,1793:16,1797:30,1808:35

impossible [9] - 1713:27,1771:5,1771:8,1771:10,1771:31,1772:13,1777:34,1784:12,1784:17

imposter[1] -1713:7

impressed [2]-1750:8,1808:36

impressing [1] - 1711 :21---------- impression[1]-1807:15

improbable [2] - 1744:5,

1770:33improved [1] - 1790:28IN [3] -1747:26,1787:30,

1788:41inaccuracies [1] -1765:23inaccurate [1]-1700:15inadequate [1] - 1711 :3incapable [1] - 1713:17incident [4] - 1697:3,

1774:38,1780:9inclination [1] -1808:27include [1] - 1798:45

included [7] - 1698:46,1699:40,1708:20,1715:6,1734:27,1741 :12,1808:16

including [2] - 1712:23,1737:38

inclusion [1] - 1708:18

inclusive [1]-1733:40inconsistent [1] - 1753:13incorrect [3]- 1713:29,

1790:39,1790:43incorrectly [1] - 1754:7increased [1] -1726:28increases [1] - 1801:41indeed [2] - 1704:8,

1714:36indicate [2] - 1719:47,

1765:36indicated [2] - 1698:47,

1792:15indicates [1J - 1732:20indicating [1] - 1782:14indication [1] -1703:8indicator [1] - 1725:29

Indies [2] - 1801:4,1801 :17

industry [1] - 1756:8

inferred [1] -1723:3influence[1]-1751:10

inform[1]-1808:12information [43]-

1694:31,1694:34,1694:38, 1695:9,1695:10,1695:12,1699:19,1700:5,1700:40,1700:45,1701 :41, 1704:4,1704:7,1709:23,1709:37,1709:40,1712:29,1714:25,1714:29,1724:11,1725:41,1726:13,1726:38,1726:40,1727:22,1730:7,1730:28,1744:47,1750:37,1764:37,1774:23,1785:42,1787:44,1789:12,1789:26,1792:7,1792:8, 1795:44,1795:45,1800:26,1800:38,1803:32,

1805:16Information [1] - 1724:7informed [3] -1694:37,

1703:17,1785:27initial [1] - 1778:40initiated [1] - 1700:42inked[1]-1741:14inquired[1]-1741:16

INQUIRY[I]-1693:17inquiry [1] - 1724:5

Inquiry [32] - 1699:37,1699:41,1702:11,1702:36,1714:18,1714:36,1721:40,1729:6,1734:19,1735:34,1741:32,1742:10,1748:2,1749:8,1755:7,1758:10,1760:12,1760:21,1761:11,1761:19,1762:31,1762:38, 1767:3,1767:45,1770:41,1778:13,1778:41,1779:3,1787:37,1788:45,1789:8,1804:7

insert [1] -1704:45

inserted [8] - 1704:39,1705:12,1706:12,1708:32, 1727:27,1730:7,1731:5,1765:35

insertion [4] - 1704:42,1705:15,1730:26,

1767:40inside [1] - 1764:14inspect [1] -1807:32inspecting [1] -1729:34inspection [1] -1803:6inspired [1] - 1714:43

instance [7] - 1762:29,1765:30,1778:36,1803:24,1805:19,

TRAN.026.0130 R

1807:28, 1809:26instances [1] - 1791 :17instantaneously [1]­

1742:25instructed [1] - 1796:38instruction [10] -1796:26,

1799:14,1799:29,1800:19,1801:12,1801:14,1801:20,1802:10,1802:16,

1807:33Instructions [2] -1808:17,

1808:28instructions [2] -1752:19,

1808:28instruments [1] - 1744:35integrity[3]-1715:46,

1716:2,1720:9Intelligence [5] - 1714:46,

1715:5,1715:13,1791 :29, 1795:2

intelligence [1] - 1713:43

intend [3] - 1737:12,1742:46,1743:10

intended [2] - 1730:16,

1761 :16intention [2] - 1750:38,

1781 :40interaction [2] - 1760:2,

1779:19interest [12] - 1738:4,

1738:8,1758:15,1758:31,1758:45,1759:2,1759:45,1759:47,1770:9,1782:32,1782:39,

1787:15interested [5] - 1740:41,

1752:23,1758:19,1758:26,1759:34

interesting [7] - 1696:21,1697:8,1741:21,1743:24,1747:21,1793:9,1799:1

interests [1] -1758:37

interfered [5] - 1716:10,1744:45, 1760:37,1761 :26, 1761 :39

interference [2] - 1767:2,

1767:4interpret [1] - 1791:9interpreters [1] - 1792:3interrogating [1]-

1806:16interrogation [1]­

1793:46interrogations [2] ­

1792:1,1792:2interrogators [1]-

1794:35interrupt [1] - 1741 :26

intervals [1] -1746:41interview[2] - 1740:14,

1746:33INTERVlEW[I]-1747:25interviewed [4] - 1694:19,

1712:34,1723:29,

,3/2/09 (26) 12Transcript produced by Merrill Legal Solutions

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TRAN.026.0131 R

1751:1 1701:11,1702:44, 1757:3,1757:13 kick[1]-1741:2 Laffer[4]-1714:41,interviews [4] -1723:32, 1702:47,1703:7, KATTER [1] - 1784:41 kick-started [1] - 1741:2 1714:42,1714:43,

1792:2, 1792:3, 1795:4 1761 :21 KaUer [1] - 1693:37 kicked [1] - 1743:9 1723:29interweave [1] -1762:28 January [2] - 1734:24, KDLS [8] - 1790:28, kid [1] - 1758:20 Laffer'S[1]-1714:38INTO[I]-1693:17 1746:34 1790:38,1790:40, killed [1] -1758:27 laid [1] - 1768:4intrigues [1] - 1778:35 Japan[2]-1791:27, 1794:19,1795:34, kilometres [3] - 1755:23, Lamera [5] - 1737:32,invaded[2]-1746:37, 1791 :31 1795:37,1796:2, 1755:38,1800:1 1749:37,1750:6,

1746:42 Japanese[5]-1712:27, 1796:10 Kim [1] - 1737:39 1752:24,1756:34invasion [1] - 1779:24 1746:37,1779:24, keen[3]-1748:16, kind [2] -1725:42, lamp [2] - 1806:2, 1806:11

investigate[1]-1761:47 1784:19,1791:30 1748:21, 1758:20 1748:12 lamps [2] - 1806:19,

investigation [2] - Jeffery [11] - 1738:38, keep [8] -1694:33, king [1] -1746:16 1809:91724:17,1724:35 1738:44, 1739:5, 1698:35,1725:46, King[5]-1694:13, land[3]-1744:11,

investigations [3] - 1739:8, 1739:29, 1733:28,1737:11, 1694:18,1694:25, 1773:26,1777:231739:13,1749:1, 1739:37,1750:15, 1743:10,1748:19, 1694:38,1696:1 lane [1] -1758:471778:13 1750:18,1750:42, 1769:44 Kirsner [3] - 1793:2, language [5] - 1713:30,

involved [5] - 1701 :6, 1751:13,1751:25 Keeper[1]- 1696:6 1793:4, 1794:7 1715:8,1715:17,1712:28,1735:24, Jeffery's [2] - 1738:32, keeper [5] - 1694:13, kitchen [1] -1784:21 1720:40,1721:161744:9, 1793:27 1750:15 1694:21, 1699:45, knee [1] -1752:7 Lanikai [2] - 1762:34

involvement [1] - 1696:22 Jenny [1] - 1712:45 1700:10,1701:20 Knight[11]-1790:14, large [2] - 1742:22,

involves [2] -1766:30, JF [1] - 1775:2 keepers [1] - 1694:33 1790:34,1791:10, 1780:121766:38 Jim [4] -1699:6,1699:46, Kempston [3] - 1694:19, 1794:13,1794:15, last[18]-1695:31,

involving [1] - 1742:31 1701:4,1701:12 1696:11,1700:9 1794:31,1795:20, 1698:15,1708:3,

irrelevant [1] - 1717:34 job[2]-1697:33,1741:9 kept[11]-1698:5, 1795:36,1795:44, 1714:9,1717:44,

Island [7] - 1739:38, Joe [2] -1746:43,1780:41 1698:22,1698:32, 1796:10,1796:15 1747:46,1749:2,

1743:9,1758:47, JOHN [1] - 1787:1 1698:33,1726:3, Knight-Whittaker [1]- 1754:22,1754:23,

1766:31,1766:35, John [6] - 1734:37, 1726:19,1729:47, 1794:31 1754:24,1760:22,

1766:42,1771:28 1734:47,1738:44, 1730:28,1733:12, knocked [1] - 1702:11 1768:21,1778:10,

island [1] - 1739:40 1743:19,1748:8,1787:7 1735:39,1743:44 knowing [2] -1720:37, 1783:4,1783:40,

Islander [1] - 1805:2 join [1] - 1776:26 Kerr [10] - 1693:34, 1721 :2 1794:20,1801:45,

Islands [1] -1790:35 joined [1] - 1782:46 1703:23,1750:21, knowledge [1]-1721:15 1809:21

isolation [2] - 1762:25, Joint [1] - 1761 :9 1765:25,1767:31, known [12] - 1697:6, late [3] -1725:37,1746:3,

1762:26 Joseph [1] -1788:45 1767:36, 1768:1, 1713:21,1728:45, 1792:34

issue [11] - 1695:8, JOSEPH [1] - 1789:4 1784:45,1785:46, 1733:20,1740:15, lately [1] -1723:32

1710:10,1710:11, journalist [2] -1759:39, 1786:13 1746:12,1773:25, latest [1] - 1774:23

1713:29,1713:46, 1779:32 KERR [69] - 1703:25, 1780:15,1785:12, latitude [2] - 1792:17,

1714:13,1714:44, journey [2] - 1735:14, 1703:37,1725:13, 1785:26,1793:18, 1798:13

1715:19,1719:20, 1742:33 1728:7,1728:11, 1797:11 law[2]-1740:18,1745:9

1740:1,1782:3 journeys [1] - 1732:5 1728:13,1729:2, knows [3] -1723:2, LaW[1] - 1693:29

issued [2] - 1727:19, JOy[2]-1696:11,1696:14 1729:34,1729:42, 1739:27,1751:14 lay [1] -1763:47

1808:14 JP[I]-1748:41 1730:3,1730:10, Koblenz [1] - 1712:43 laying [1] -1759:1

issues [10] -1706:12, JT [1] - 1693:33 1730:14,1730:21, Koolinda[1]-1758:22 layout [1] - 1727:8

1714:19,1715:16, judge [1]-1752:12 1730:32,1730:37, Kopanga [1] - 1779:36 LCDR [82] - 1693:34,1717:2,1720:29, Judgement [1] - 1787:22 1731:7,1731:35, Kormoran [29] - 1696:23, 1693:37,1703:25,1724:15,1735:30, JUDGEMENT[I]- 1731:43,1732:1, 1696:46,1697:40, 1703:37,1715:26,1787:16,1810:9 1787:30

1732:37,1732:43, 1712:3,1712:22, 1725:13,1728:7,item [3] - 1735:8, 1756:41, July[2]-1743:28,

1733:25,1733:33, 1712:27,1713:6, 1728:11,1728:13,

1783:27 1778:161733:40,1733:46, 1754:17,1758:21, 1729:2, 1729:34,

items [1] - 1739:39 jump[1]-1799:161734:3, 1734:5, 1759:9,1759:10, 1729:42, 1730:3,

itself [4] - 1695:30, jumped [1] - 1771 :381738:36,1741:35, 1759:11,1764:30, 1730:10,1730:14,

1756:11,1771:4, jumping [3] - 1794:18,1745:3, 1746:9, 1764:35,1771:9, 1730:21,1730:32,

1794:37 1794:27,1794:281747:31,1749:14, 1771:11,1784:16, 1730:37,1731:7,

IVY[I]-1747:25 June[1]-1743:281749:28,1749:34, 1785:22,1785:26, 1731:35,1731:43,

IVY[18]-1740:21, jury[I]-1714:81750:33,1751:3, 1787:17,1788:28, 1732:1,1732:37,

1740:24,1740:30, 1751 :27,1752:17, 1789:9,1797:32, 1732:43,1733:25,

1745:12,1745:13, K1753:1,1753:36, 1798:4,1798:7, 1733:33,1733:40,

1745:46,1746:9, 1754:6,1754:20, 1798:16,1798:19, 1733:46, 1734:3,

1746:33,1746:35,1754:31, 1754:36, 1798:24, 1798:27 1734:5, 1738:36,

1779:5, 1779:20, Kalbarri [3] - 1764:7, 1756:31, 1757:1, KORMORAN [2] -1712:7, 1741 :35, 1745:3,

1779:34,1779:46, 1764:11,1772:16 1757:16,1757:32, 1788:40 1746:9,1747:31,

1780:15,1780:19, Karlov[18]-1738:17, 1758:3,1758:7,1758:9, Krakatoa[1]-1745:18 1749:14,1749:28,

1780:22,1780:33, 1747:41,1747:45, 1766:1,1768:10, 1749:34, 1750:21,

1780:40 1749:9,1749:19, 1768:20,1769:3,L 1750:33,1751:3,

1749:20,1749:26, 1769:44,1772:29, 1751:27,1752:17,

J 1750:5,1751:29, 1776:4,1776:41, 1753:1,1753:36,1752:3,1752:4, 1777:17,1778:3, labour[1]-1794:11 1754:6,1754:20,1752:18,1752:19, 1778:9,1778:40, lady[2]-1746:6,1751:14 1754:31,1754:36,

Jack [7] -1699:5, 1753:38,1753:45, 1781 :40,1782:25, lady's [1] - 1750:24 1756:31,1757:1,1783:2,1784:38,1785:6

,3/2/09 (26) 13Transcripl produced by Merrill Legal Solulions

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1757:16,1757:32,1758:3,1758:7,1758:9,1765:25,1766:1,1767:31,1767:36,1768:1,1768:10,1768:20, 1769:3,1769:44,1772:29,1776:4,1776:41,1777:17,1778:3,1778:9,1778:40,1781:40,1782:25,1783:2,1784:38,1784:41,1784:45,1785:6,1785:46,1786:13,1793:47

Leader[1]-1723:19

leaking [1] -1773:27least [6] -1719:31,

1782:35,1793:25,1800:24,1803:15,

1806:5leave [9] - 1702:7,

1702:20,1702:24,1702:26,1707:42,1735:18,1776:6,1776:10,1778:18

leaves [2] - 1766:5,

1766:11leaving [3] - 1696:15,

1709:5, 1797:3led [3] - 1702:5, 1713:38,

1724:45Left [1] -1766:35left [25] -1697:16,

1704:18,1705:5,1705:11,1708:12,1708:45,1709:19,1711:23,1713:1,1713:4,1715:22,1721:23,1731:11,1731:19,1731:23,1732:8,1732:17,1732:29, 1734:41,1735:35,1741:9,1741:14,1748:27,1766:31,1808:34

left-hand [8] - 1705:5,1731:11,1731:19,1732:8,1732:17,1732:29, 1734:41,1735:35

legal [2] -1733:3,1733:23legible [1] - 1765:39

legislation [1] - 1726:3legislative [2] -1725:23,

1725:37Leichhardt [6] - 1714:21,

1718:9,1718:11,1718:15,1723:6,

1723:23Leichhardt" [1] - 1718:36leSS[3]-1805:11,

1805:17,1805:26lessee [1] - 1740:29lesser [1] - 1809:1letter [28] - 1695:9,

1699:5, 1700:20,

1701:4,1701:12,1701 :38, 1702:1,1738:41,1748:18,1748:40,1749:7,1753:17,1753:18,1753:33,1754:2,1754:6,1754:8,1761 :38, 1762:41,1763:22, 1781 :21,1791 :34, 1791 :37,1791 :38, 1794:1,1805:42,1808:11

LETTER[I]-1809:41letters [25] - 1738:37,

1747:41,1749:12,1749:47,1750:5,1751 :29, 1752:29,1753:4,1754:21,1796:43,1797:1,1797:5, 1797:8, 1797:9,1797:21,1799:11,1799:23,1801:40,1801:42,1801:43,1801 :45, 1809:30,1809:31,1809:46,

1809:47LEUT[I] - 1703:23level [4] - 1693:29,

1755:19,1762:39,

1791 :24Leveque[4]-1694:12,

1694:20, 1696:6,1697:23

Liberatore [1] - 1801:5

Liberty [1] - 1737:39Library[1]-1775:4

lies[1]-1790:15lieutenant [1] -1772:33Iife[13]-1696:36,

1696:39,1696:44,1697:11,1697:26,1697:29,1697:38,1705:8,1734:16,1745:17,1746:13,1746:17,1756:7

life-boat [7] - 1696:36,1696:39,1696:44,1697:11,1697:26,1697:29, 1697:38

life-saving [1] - 1705:8Iifeboat[8]-1695:31,

1695:40,1698:16,1698:24,1742:32,1744:18,1758:21,

1784:4IifeboatS[4]-1712:2,

1742:41,1744:13,1744:18

L1FEBOATS[I]-1712:6

lifesaving [1] - 1725:32light [2] -1697:47,1752:2Light [2] - 1696:6, 1696:7Light-house [2] -1696:6,

1696:7lighthouse [8] - 1694:12,

1694:20,1694:32,1699:45,1700:10,

1701 :19,1759:4,

1760:42lighthouses [1] - 1768:8lights [3] - 1697:34,

1697:44,1784:10likelihood [1] - 1698:28likely [1] - 1755:29Iimbo[1]-1799:12Lindsay [2] - 1795:35,

1796:15line [18] - 1704:35,

1715:18,1716:15,1716:44,1727:29,1732:12,1732:16,1760:22,1766:3,1766:9, 1766:29,1766:30,1766:33,1766:37,1778:14,

1801 :35link [2] - 1699:23, 1699:34linked [3] -1709:14,

1709:18,1709:46Iist[3]-1712:44,1712:46,

1769:15listed [6] - 1698:41,

1699:14,1709:6,1717:38,1726:19,1727:5

listened [3] - 1757:21,1759:23,1759:38

listening [1] - 1701 :42Iisting[1]-1701:3

lists [1] -1805:34live [2] -1758:33,1783:31lived [5] - 1712:43,

1734:14,1758:39,1779:6, 1780:35

lives [3] - 1740:27,1743:40,1764:35

L10yd'S[I]-1797:10local[2]-1736:11,

1781 :15locals [1] - 1700:43locate [6] - 1694:26,

1696:38,1697:28,1698:14,1732:8,1756:29

located [2] - 1702:22,

1806:26location [16] - 1695:11,

1769:16,1769:23,1769:25, 1771 :6,1774:3,1785:11,1785:21,1785:41,1790:8, 1790:34,1790:42,1791:11,1791 :43, 1792:1,1795:25

Lockard [1] - 1718:36

locked [2] - 1764:31,1764:39

lodged [1] - 1756:11

Log [4] -1703:44,1725:20,1725:25,

1726:41LOG [3] - 1731 :40,

1731 :45,1733:37

log [101] - 1700:1,1703:11,1703:12,1703:20,1703:25,1703:29,1703:39,1703:41, 1704:9,1704:16,1706:10,1708:11,1708:18,1708:27,1708:36,1709:7,1714:14,1714:20,1714:32,1714:33,1715:46,1716:1,1716:7,1717:6,1717:14,1717:46,1719:21,1723:39,1724:2,1724:14,1724:22, 1725:21,1725:23, 1726:2,1726:13,1726:20,1726:22,1726:29,1726:38,1726:41,1729:20,1729:25,1729:28,1729:34,1729:35, 1729:37,1729:43, 1730:4,1730:8,1730:14,1730:15,1730:22,1730:25,1730:33,1730:38, 1730:41,1731:1,1731:2,1731:10,1731:31,1731:35,1731:43,1732:1,1732:22,1732:24,1732:33,1732:37,1733:34,1761 :35, 1761 :39,1761 :45, 1762:7,1762:9,1762:18,1762:21,1762:23,1763:13,1763:33,1766:2, 1766:28,1766:37,1766:43,1766:45,1766:47,1767:1,1767:21,1767:29,1767:40,1768:17,1802:21,1802:26,1802:29,1802:35, 1802:37,1802:42, 1803:2,1803:12

logbook [21] - 1725:30,1727:19,1727:28,1729:24,1729:45,1730:28,1761:25,1764:47,1765:1,1765:2, 1765:4, 1765:6,1765:12,1765:13,1765:15,1765:17,1765:22,1765:24,1765:28,1765:32,1765:36

Logbook [13] -1703:26,1704:2, 1704:26,1725:35,1725:40,1725:41,1725:47,1726:4,1726:11,1726:18,1726:35,1727:6, 1760:35

LOGBOOK [1] -1703:32

TRAN.026.0132 R

Logbooks [2] - 1727:25,1728:24

logbooks [1] -1797:11

logic [2] - 1720:45,1772:36

logical [9] - 1767:42,1768:10,1769:8,1770:1,1770:15,1771 :23, 1780:3, 1780:4

logically [15] - 1763:6,1763:11,1763:32,1764:21,1764:25,1767:39,1770:16,1770:18,1770:21,1770:24,1770:25,1772:23,1773:35,

1774:11Logically [1] - 1763:15Logs [1]-1803:2logs [16] - 1704:3,

1708:20,1728:29,1728:43,1729:19,1731 :33, 1732:38,1761:29,1802:14,1802:19,1803:6,1803:20,1803:25,1803:38, 1803:41,

1803:45London[1]-1797:10Long's [1] - 1791 :38longitude[1]-1792:17

Look [1] - 1788:20look [42] - 1695:39,

1696:31,1702:15,1703:41,1704:43,1705:30,1706:28,1708:18,1714:37,1716:7,1716:8,1717:41,1718:6,1730:47,1731:10,1736:16,1737:12,1741:15,1750:45,1756:39,1760:15,1761 :45, 1762:25,1762:26,1762:28,1763:5,1765:15,1766:23, 1767:3,1769:32,1781:23,1784:8,1785:47,1794:37,1795:46,1796:10,1796:25,1803:11,1804:21,1804:38, 1805:34

LOOK [1] - 1788:39looked [20] -1703:14,

1736:30,1736:47,1742:36,1743:32,1750:7,1759:8,1761 :31, 1762:31,1765:24,1765:30,1767:1,1802:18,1802:21,1802:26,1802:27,1803:24,1803:27,1803:45,1809:19

looking [26] - 1702:37,1713:46,1716:21,

,3/2/09 (26) 14Transcripl produced by Merrill Legal Solulions

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1720:5, 1720:36,1736:46,1737:11,1743:10,1752:24,1753:21,1754:4,1755:11,1763:12,1771:46,1775:44,1777:30,1777:31,1780:2,1794:7,1797:47,1799:29,1803:19,1803:36,1804:24, 1804:37

looks [2] - 1716:3, 1766:4lose [1] -1743:29losing [1] - 1742:34lOSS[2]-1693:17,

1787:31loss [16] - 1696:43,

1697:9, 1712:23,1715:3,1720:16,1724:26,1741:28,1741:40,1758:15,1766:20,1767:19,1767:24,1785:38,1787:16,1791:36,1807:6

Loss [1] - 1787:231051[9]-1715:1,1718:37,

1735:11,1743:40,1744:2,1751:3,1764:34,1764:36,

1764:38lower [1] - 1773:10lowered [1] -1772:1lowering [1] - 1772:36l TCOl [1] - 1795:35lucky [1] -1744:35

lUNCHEON [1] - 1757:37Lutheran [3] -1743:21,

1748:14,1754:1lying [1] - 1794: 1

M

M&S-16[5]-1726:12,1726:19,1726:30,1727:8,1727:12

mad [1] - 1758:20magnetometers [2]-

1737:14,1744:36magnificent [1] -1795:11main [1] - 1739:21maintain [2] - 1702:10,

1743:46maintaining [1] - 1697:34maintenance [1]­

1711:26Majesty's [1] - 1808:2major [3] - 1755:40,

1765:32, 1805:24majority [2] - 1764:38,

1806:8Malakka[2]-1718:20,

1723:2Malay[I]-1779:36MAllARD [1] - 1747:25Mallard[25]-1740:21,

1740:24,1740:30,1745:12,1745:13,1745:42,1745:46,1746:7,1746:9,1746:32,1746:33,1747:19,1747:29,1779:20,1779:24,1779:34,1779:46,1780:15,1780:19,1780:23,1780:30,1780:33,1780:37,1780:40,1780:41

Mallard's[2]-1746:35,1779:5

Mallards [1] - 1779:11man [16] - 1695:9,

1712:41,1737:40,1739:1,1740:16,1744:34,1744:35,1751 :21, 1752:7,1752:12,1753:15,1754:22,1763:25,1771:28,1771:43,

1795:12Manager[1]-1737:33mandated [1] -1727:14Manjimup [1] - 1780:35map [1] - 1759:8MAP[I]-1756:18

March [10] -1707:4,1707:12,1707:15,1707:19,1707:20,1725:26,1726:14,1732:17,1732:34,1747:2

Marine[1]-1728:36Maritime [7] - 1696:2,

1727:35,1728:41,1728:46,1737:35,1759:15,1787:42

MARIllME [1] - 1727:46mark [5] - 1753:24,

1756:15,1756:21,1786:16,1792:18

marked [1] - 1784:30

Market[1]-1778:16marking [2] - 1783:11,

1783:18married[2]-1712:47,

1779:34marsupial [4] -1781 :23,

1781:36,1781:38,1781 :45

MASTER [2] - 1727:47,

1728:3Master[8]-1726:14,

1726:15,1726:26,1727:10,1727:36,1727:40,1730:28,1768:11

master[1]-1726:22master's[1]-1761:25

Master's [2] - 1726:3,1760:35

masters[1]-1796:38

match[1]-1756:28Mate [2] -1763:18,

1766:38mate [1] - 1699:24material [11] - 1698:10,

1698:12,1751:42,1757:22,1767:28,1782:38,1786:24,1791:21,1801:29,1804:6,1806:31

materialised [1]-1715:11matter [12] - 1698:30,

1716:47,1724:37,1778:10,1782:25,1783:3,1783:40,1786:32,1794:44,1798:23,1807:47,1808:6

matters [13] - 1694:11,1694:42,1702:5,1714:22,1717:15,1725:4, 1726:20,1727:5,1727:13,1758:32,1767:13,1787:16,1789:43

Max[2]-1725:15,

1733:46maximum [1] -1797:42Maxwell [1] - 1734:7MAXWEll [1] - 1734:1

Mayland [1] -1775:9McArthur[22]-1786:45,

1787:1,1787:5,1787:7,1787:15,1787:27,1787:34,1788:12,1788:43,1789:42,1792:26, 1794:11,1795:19,1796:23,1801 :22,1803:18,1804:3, 1805:40,1807:11, 1808:5,1810:11,1810:12

McARTHUR'S [1]­

1788:37McCarthY[11]-1702:14,

1703:16,1713:34,1714:21,1759:14,1760:2, 1762:41,1762:44,1762:47,1763:3

McCarthy's [1] -1717:2McDonald [26] - 1694: 1,

1694:3,1695:1,1700:29,1703:21,1705:28,1710:47,1711:37,1714:18,1715:45,1723:41,1724:39,1725:4,1725:6, 1725:20,1741 :29,1746:33,1747:2,1747:8,1747:26,1754:11,1782:18,1782:21,1784:6,1810:8,1810:13

McDonald's [4] - 1733:41,1733:43,1747:4,

1782:12mean [6] - 1738:42,

1744:15,1783:14,

1789:30,1800:13,

1800:14meaning [1] - 1720:39means [5] - 1694:26,

1719:30,1742:14,1764:43, 1800:8

meant[8]-1719:25,1722:10,1729:36,1739:2,1748:31,1753:32,1799:42,1800:34

Mearns [6] - 1759:37,1759:40,1793:3,1793:6,1794:7,1795:12

Mearns' [1] - 1793:6measure [1] - 1768:44

measured [1] - 1792:33media [1] - 1786:35

meet [3] - 1708:33,1739:39,1752:11

meeting [4] - 1738:45,1739:11,1750:14,1757:7

meets [1] - 1735:12Melbourne [2] - 1791 :22,

1806:30Member [1] - 1785:20member [11] - 1699:42,

1700:8,1700:13,1700:16,1701:28,1712:26,1713:6,1718:12,1753:47,1762:33,1771:35

members [13] - 1694:30,1694:32, 1698:21,1699:22,1699:33,1701:15,1702:46,1712:33,1737:34,1747:42,1753:46,1754:20,1769:10

memorandum [2] -

1808:13,1808:16Memorial [1]-1803:15memorials [1]-1755:45

memories [1] - 1784:20memorised [1] -1753:11memory [7] - 1695:23,

1703:5,1712:47,1718:16,1746:25,1749:7,1804:40

men[16]-1711:15,1721 :24, 1736:2,1764:29,1764:30,1764:38,1771:26,1771:27,1771:40,1771:43,1771:47,1772:5,1772:10,1772:23,1772:24,1804:29

mention [5] - 1697:4,1698:3, 1698:8, 1735:9,

1736:45mentioned[12]-1701:14,

1713:3,1737:30,1739:14,1739:45,1742:26,1748:26,1750:16,1750:44,

TRAN.026.0133_R

1751:17,1751:19,

1752:30mentioning [1] - 1698:30Mercantile [1] - 1728:36Merchant[5]-1801:40,

1801:44,1808:14,1808:34, 1808:36

merchant[37]-1791:31,1796:24, 1796:27,1796:35,1796:42,1797:4, 1797:9,1797:14,1797:20,1797:21,1797:26,1797:40, 1799:31,1799:37,1799:43,1800:4,1801:1,1801:25,1801:32,1801:38,1801:43,1804:13,1806:8,1806:13,1806:17,1806:19,1806:42,1807:11,1807:13,1807:35,1807:40,1808:24,1808:30,1809:8,1809:15,1809:17,1809:46

message [20] - 1695:25,1695:28,1695:35,1696:32,1697:13,1697:16,1697:25,1713:45,1717:9,1718:28,1719:17,1719:32,1719:36,1720:13,1720:17,1721 :28, 1722:29,1723:21,1723:43,1776:36

Message[5]-1719:12,1719:34,1720:19,1721 :30, 1722:7

messages[9]-1714:4,1714:10,1716:40,1718:25,1719:28,1720:23,1724:16,1724:21, 1724:22

messed [1] - 1798:21met [10] - 1714:47,

1738:14,1739:37,1748:39,1749:17,1749:38, 1752:4,1752:7,1780:29,

1796:14metacarpal [2]-1781:16,

1781 :25metal[5]-1737:17,

1737:21,1737:31,1756:34,1781:1

metalwork [1] -1737:20methodology [7] ­

1700:37,1700:42,1701 :8, 1804:25,1804:26,1804:33,1804:34

metres [3]-1723:45,1770:43, 1770:45

Michael [4]-1696:14,1696:15,1702:14,

,3/2/09 (26) 15Transcripl produced by Merrill Legal Solulions

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N

mOVed[2]-1743:8,1743:30

movements [2] - 1710:13,

1715:31moving [1] - 1751 :21MRS[I]-1733:43

MS[I]-1722:18Mt[I]-1758:12

Murchison [2] - 1764:10,1772:17

MURRAY[IJ-1728:9Murray[1]-1728:15Museum [4] - 1696:2,

1703:17,1759:15,1787:42

must [6] - 1713:39,1720:40,1725:27,1726:4,1780:12,

1802:36musters [2] -1705:3,

1726:37MY[I]-1776:29

n/miles [1] - 1770:10NAA,0016,0001 [2]­

1733:35,1733:38NAA,011 ,0351 [1]­

1796:26NAA,016,0069 [1]­

1723:41NAA,016,0070 [1]­

1714:15NAA,018,0182 [3]­

1710:40,1712:4,1712:9NAA,023,0142 [1]-1721:9NAA,023,0143 [1]­

1717:41NAA,026,0155 [1]­

1776:39NAA,026,0159 [1] - 1777:5NAA,028,0001 [2]­

1731:36,1731:41NAA,028,0068 [1] - 1766:2NAA,028,0140 [2]­

1731:43,1731:46NAA,074,0065 [1]­

1804:38NAA,074.0074 [3]­

1808:1,1809:34,1809:41

name[33]-1699:6,1701 :45, 1709:41,1715:19,1716:30,1718:16,1721:10,1728:14,1728:15,1728:39,1728:45,1730:41, 1734:6,1734:7,1735:18,1737:42,1739:15,1740:13,1741:29,1748:41,1749:31,1750:15,1750:24,1750:31, 1750:46,1752:37,1754:23,

1759:14Mid [1] - 1749:4middle[4]-1704:11,

1736:43,1748:30,

1749:1might [23] -1698:25,

1698:34,1702:44,1709:47,1711:44,1714:17,1717:9,1738:8,1742:17,1744:36,1748:33,1753:21,1755:25,1757:24,1759:18,1767:34,1770:42,1773:35,1773:45,1774:10,1789:23,1798:35, 1798:36

milo [2] -1806:1,1806:37miles [20] - 1735:13,

1739:24,1745:15,1745:21,1784:11,1797:26,1797:43,1800:10,1800:14,1800:24,1800:35,1800:41,1800:42,1800:44,1800:47,1801 :24, 1801 :31,1806:5,1806:37,1809:7

Miles [1] -1768:47military [1] -1762:32militia[1]-1735:44million [1] - 1756: 1amind [10] - 1715:41,

1720:45,1755:13,1755:22,1769:45,1771:27,1773:13,1780:12,1786:35,

1786:37minds[1]-1718:4mine [1] - 1775:8mines [1] - 1764:32Mining[1]-1788:28MINING [1] -1788:40

Minister [7] - 1743:22,1748:14,1754:1,1785:9,1785:18,

1785:28Minister's [1] -1713:40Ministry [1] -1728:46minOr[1]-1784:4

minute [7] -1713:42,1741 :26, 1754:23,1805:40,1808:1,1809:34, 1809:36

minutes [2] - 1719:30,1792:17

MINUTES [1] - 1809:39

missed [1] -1707:5missing [7] - 1703:15,

1703:18,1703:40,1708:8,1708:31,1775:10,1777:32

mission [1] - 1735:6mistake [1] - 1782:43mixed[2]-1711:11,

1738:15mixture [1] - 1779:35

mobile [1] - 1752:41moment [9] -1700:1,

1703:13,1730:37,1731 :30, 1789:27,1795:33, 1797:37,1801 :27, 1809:21

Monday [2] - 1760:39,

1769:41money [4] - 1743:24,

1743:26,1751:5,

1758:23Montagu [1] - 1741 :29month[2]-1805:11,

1805:17month's [1] - 1805:26monthly [1] - 1802:34months [14] - 1707:7,

1707:25,1707:35,1732:26,1732:33,1736:20,1740:34,1741:9,1742:47,1745:5,1746:17,1747:47,1748:3,1749:23

moon [1] - 1764:17more" [1] - 1700:23

morning [16] - 1725:21,1728:29,1754:10,1761:27,1761:33,1761 :43, 1765:25,1767:31, 1767:37,1772:7,1779:18,1782:45,1784:45,1810:9,1810:10

Morse[1]-1696:32morse [24] - 1695:25,

1697:24,1713:30,1715:8,1715:17,1718:22,1718:24,1718:26,1718:28,1719:13,1719:39,1720:25, 1720:27,1720:38,1720:39,1720:41,1721:16,1721:17,1721:31,1722:8,1722:11,1722:12,1722:38

morse" [1]-1721:13Morse-code [1] -1696:32

morse-code [1] - 1697:24Most [1] - 1737:34

most [6] - 1697:44,1743:3, 1752:36,1792:6, 1803:25,

1808:35mother[4]-1738:47,

1740:18,1745:9,1751 :20

mother-in-law[2] -1740:18,1745:9

motor[1]-1772:8Mountains [1] -1712:14

mounted [1] - 1777:23mouth [2] -1764:10,

1772:17move[2]-1754:32,

1783:3

1758:10,1758:11,1771:33,1781:30,1784:36,1787:6

named[1]-1763:44

namely [4] - 1700:41,1702:32,1754:15,1795:25

names [2] -1728:47,

1739:19National [20] - 1703:28,

1712:29,1725:15,1728:16,1728:20,1728:30,1728:34,1728:35, 1729:2,1729:3,1729:11,1729:16,1729:17,1732:44, 1733:9,1733:19,1761:28,1784:46,1785:30,1803:10

NATIONAL [1] -1786:20nature [5] - 1726:40,

1726:46,1757:23,1782:6,1787:40

__________ nautical[12]-1763:42,

1768:45,1784:11,1797:25,1797:42,1800:10,1800:35,1800:41,1800:42,1800:47,1801:24,

1801 :31NAVAL [1] -1809:40Naval [13] - 1773:5,

1776:16,1776:20,1776:24, 1785:27,1789:24,1791:28,1795:2,1796:37,1808:3,1808:13,1809:36

Navigation [20] - 1708:34,1725:43,1725:45,1726:7,1726:10,1726:14,1726:16,1726:26,1726:33,1726:35,1726:44,1727:10,1727:33,1727:34,1727:35,1727:36, 1727:37,1727:38,1727:40,

1727:41NAV1GATION [8]­

1727:44,1727:45,1727:46,1727:47,1728:1,1728:2,1728:3,

1728:4navigators [1] - 1793:26Navy[23]-1716:17,

1724:29, 1739:41,1778:25,1785:10,1785:19,1785:20,1785:26,1785:28,1791:21,1792:14,1792:27,1792:28,1792:39,1792:45,1793:2, 1793:20,1793:40,1793:44,1806:36,1808:11

NeS [1] - 1796:36

TRAN.026.0134 R

near [11] - 1709:23,1749:17,1758:23,1759:27,1760:26,1770:29,1774:12,1778:46, 1779:8,1782:15,1791:11

nearby [1] -1754:41nearly [1] - 1755:23

necessarily [5] -1694:26,1695:20, 1709:8,1709:32,1738:11

necessary[1]-1711:5necessity [4] - 1799:35,

1800:36,1806:36,

1809:7noo[2]-1696:26,1697:18need[12]-1694:41,

1709:41,1742:16,1744:8,1752:37,1755:19,1756:45,1763:40,1779:32,1779:37,1780:10,

1806:17needed[2]-1699:1,

1744:28negotiating[1]-1737:13

neutral[1]-1743:13Never[2]-1720:45,

1773:13never [31] - 1698:3,

1700:44,1701:6,1702:34,1708:36,1709:38,1711:39,1712:39,1713:1,1713:4,1716:12,1738:13,1739:1,1742:42,1745:28,1748:15,1748:29,1750:39,1756:13,1757:6,1759:28,1763:28,1767:15,1772:39,1782:16,1784:15,1784:17,1791 :33, 1806:21

nevertheless [1] - 1790:26

neW[15]-1704:10,1704:38, 1705:2,1705:9, 1708:34,1726:29,1726:43,1727:10,1727:11,1727:12,1727:14,1727:19,1727:25,1730:27,1748:28

news[2]-1713:38,

1795:34News [1] - 1775:34newspaper [3] - 1701 :39,

1702:1,1782:14next [23] - 1704:9,

1704:26,1704:28,1704:29,1704:30,1704:31,1704:32,1705:6,1705:11,1705:13,1706:22,1707:25, 1708:3,1708:46,1715:43,1725:13,1756:41,

,3/2/09 (26) 16Transcripl produced by Merrill Legal Solulions

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1760:32,1761:4,1765:9, 1766:9, 1809:44

nicknames [1] -1763:46night [8] - 1719:30,

1720:16,1748:30,1764:16,1784:10,1805:6, 1808:24,

1808:29night-time [1]-1784:10nights [1] - 1764:17nine [2] -1746:17,

1773:21NM [1] -1697:15NNJ [2] -1796:45,

1809:45NNJ"[I]-1797:1NO[I]-1753:27

no-one [1] - 1778:32No-one [1] -1742:30nobody[6]-1695:17,

1709:22,1709:44,1709:45,1741:45,

1752:26Nobody[I]-1741:31noise [1] - 1784:5noises [2] - 1745:16,

1746:45nominate [1] -1784:35nominated [1] - 1792:35none [1] - 1778:32None [2] -1741 :30,

1799:24nonsense[5]-1719:41,

1721:35,1721:36,

1721 :38normal [2] - 1765:20,

1797:41normally [3] - 1697:43,

1779:41,1809:6North [2] - 1698:18,

1745:37north [10] - 1710:31,

1710:33,1735:46,1736:1,1755:30,1764:1,1774:16,1778:37,1780:2,

1784:19north-west [1] - 1780:2North-West [1] - 1745:37Northampton [12] -

1774:32,1774:44,1774:46,1775:3,1775:5,1775:22,1775:34,1775:37,1780:30,1783:7,1783:20,1784:15

not" [1]-1807:14notation [1] - 1767:9note [3] - 1697:8, 1708:15,

1754:6notebook [1] -1703:14noted [1] - 1706:13notes[1]-1715:12nothing [30] - 1696:21,

1705:45, 1706:6,1706:9, 1709:43,1709:46, 1716:9,

1716:17,1716:24,1724:26,1737:5,1741:17,1742:4,1743:28,1746:47,1747:6,1747:11,1749:36, 1756:9,1757:16,1765:4,1765:6,1765:17,1765:21,1765:36,1767:14,1767:18,1777:39, 1779:28

Nothing [4] -1705:42,1705:45,1706:7,

1739:31notice [3] - 1750: 16,

1794:40,1803:15noticed [1] - 1740:10NOVEMBER [5] -1712:8,

1712:9, 1786:21,1787:31,1788:38

November [39] - 1696:5,1697:21,1698:17,1701 :22, 1705:29,1705:45,1705:46,1706:3, 1707:4,1708:45,1710:43,1715:21,1715:32,1717:11,1723:27,1724:27,1725:26,1725:28,1747:36,1766:32,1769:38,1772:14,1772:34,1773:9, 1785:29,1787:23,1788:13,1792:14,1792:27,1793:33,1793:38,1793:44,1796:29,1798:2, 1800:34,1804:17,1808:12

November" [1] -1769:28nowhere [1] - 1791 :11number [42] -1702:15,

1704:19,1704:26,1704:27,1704:28,1704:29, 1704:31,1704:32,1704:33,1705:35,1706:22,1706:47,1709:41,1710:14,1715:6,1715:32,1716:2,1726:46,1734:24,1738:1,1748:11,1749:36, 1750:6,1760:11,1760:25,1765:31,1769:28,1777:21,1778:11,1778:45,1783:19,1783:21,1785:39,1787:35,1787:47,1789:47,1793:27,1796:13,1806:28

numbered [3] - 1704:22,1729:43, 1769:33

numbers [2] -1704:23,

1789:44

o

o'clock [1] - 1810:12

OAM [1] - 1734:7oath [4] - 1694:3, 1694:5,

1718:17,1784:35

objective [1J -1702:16observation [3] - 1729:35,

1729:42,1730:14observe [1] -1707:3observed [1] - 1725:31obtained [5] - 1762:40,

1763:21, 1775:2,1784:46,1787:20

obvious [7] - 1694:29,1708:11,1765:31,1765:34,1766:18,1768:15,1784:3

obviously [6] - 1702:11,1708:2, 1712:44,1722:29,1764:40,

1765:27occasion [2J - 1704:17,

1759:31occasions [1] -1778:11occupation [6] - 1728:14,

1734:6,1734:10,1758:10,1758:13,1787:12

occur [2] - 1802:35,

1806:20occurred [11] - 1706:10,

1716:42,1746:11,1760:38,1764:25,1765:40,1768:36,1784:3,1784:5,1784:13,1809:18

occurrence [1] -1775:5ocean [6] - 1770:34,

1770:37,1770:43,1771 :39,1779:25,1780:7

OCTOBER [1]-1788:38

October [1 OJ - 1705:36,1705:38,1705:39,1705:42,1707:33,1726:43,1731:15,1766:30,1788:13,1805:3

OF[28]-1693:17,1703:31, 1712:6,1727:44,1727:45,1727:46,1728:3,1728:4,1747:25,1747:26,1756:24,1786:19,1786:20,1786:21, 1787:29,1787:30,1787:31,1787:32,1788:40,1789:5,1809:39,1809:40,1809:42

offence [2] - 1804:20,

1804:24offhand [1] - 1699:35OffiCe[4]-1733:18,

1733:20,1759:21,

TRAN.026.0135 R

1720:2,1720:15,1721:8,1721:10,1721:33,1722:19,1722:23,1722:41,1723:39, 1724:37,1729:24,1732:32,1732:37,1732:38,1735:27,1735:31,1737:3, 1738:24,1738:31,1738:37,1740:9,1742:1,1742:30,1742:34,1743:2, 1743:8,1743:20, 1743:21,1743:43,1744:13,1748:14,1749:11,1750:22,1752:32,1753:40,1755:12,1755:20,1755:39,1756:10,1759:31,1761:24,1762:13,1764:9,1767:47,1771:23,1771:24,1771:28,1771:40,1773:23,1773:41,1776:1,1777:6,1777:9,1778:32,1779:13,1779:45, 1782:3,1782:35,1782:44,1783:3,1783:34,1783:35,1784:3,1791 :20, 1793:17,1793:45,1794:40,1795:15,1795:31,1796:36,1796:47,1798:33,1799:15,1801:26,1802:18,1802:36,1804:14,1805:11,1805:17,1806:21,1806:22,

1807:4One[17]-1697:12,

1701 :36, 1708:23,1717:1,1720:29,1733:34, 1735:8,1738:46,1743:36,1752:39,1753:17,1753:46,1754:41,1762:11,1777:22,1777:45, 1783:9

one" [2] - 1738:37,

1738:41one-day [1] -1737:3

one-waY[1]-1795:15open [2] - 1730:39,

1733:18operated [1] -1763:38operating [2] - 1711 :42,

1801 :16operations [2] - 1710:43,

1711:4OPERAllONS[I]-1712:8operator[2]-1718:17,

1721 :22operator" [1] - 1721 :20opinion [1] - 1804:3opinions[1]-1738:15opportunity [1] -1786:28

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TRAN.026.0136 R

1754:6,1754:15,1754:27

PASTOR [1] - 1753:26palch[I]-1744:12pattern [1] - 1755:28pay [2] - 1695:43, 1752:26Peace [1] -1723:46Pedersen [1] - 1766:39

Pelseart [1] -1742:32pen[1]-1722:27PENNEY[I]-1747:26Penney [1] -1746:34Penny's[1]-1747:3

pensioner [1] - 1758:13people [77] -1696:37,

1697:27,1697:35,1698:32,1698:36,1700:47,1702:15,1702:17,1702:23,1702:28, 1702:31,1702:45,1713:39,1714:37,1716:11,1716:26,1717:4,1718:13,1719:20,1719:27,1720:30,1720:36,1721:1,1721 :3, 1721 :25,1722:23, 1723:2,1724:31,1736:42,1737:13,1737:16,1737:30,1739:19,1740:10,1740:24,1741:44,1742:22,1742:25,1742:30,1742:33,1742:38,1743:9,1743:18,1743:25,1743:30,1746:47,1751:8,1752:30, 1752:31,1752:38,1754:15,1755:37,1755:45,1757:8,1759:11,1764:4,1771:31,1773:38,1775:37,1778:33,1779:33,1779:35,1779:36,1780:20,1780:29,1783:7,1783:31,1783:45,1784:2,1784:23,1792:37,1793:27,1794:47,1796:13,1799:19

People [1] -1784:15people's [1] - 1718:4People's [1] -1784:20

per [4] - 1742:24, 1742:29,1742:37,1744:10

perception [1] - 1702: 13

perfectly [1] - 1765:34performing [1] - 1806:43perhaps [5] - 1703:42,

1712:1,1719:5,1750:38,1767:12

Perhaps [6] - 1696:2,1699:8,1731:18,1732:32, 1788:3,1796:25

1783:6,1796:31,1796:32,1805:45,1806:7

Pardon [2] - 1769:30,

1803:39parents [2] - 1698:29,

1702:34Park [3] - 1700:24,

1728:17,1728:31Parliamentary [5] ­

1699:37,1699:41,1714:36,1741:32,1761 :19

part[14]-1719:27,1729:46,1735:43,1736:14,1765:32,1777:27,1784:19,1788:27,1790:7,1798:29,1804:33,1805:24, 1808:37,1810:2

participate [1] - 1758:36

particular [18] - 1716:8,1716:14,1720:2,1729:19,1738:34,1739:25,1762:12,1763:41,1764:44,1782:46,1783:44,1785:42,1791:37,1791:47,1801:3,1804:30, 1804:31,1808:20

particularly [11] - 1714:38,1740:24,1779:40,1787:47,1791:36,1793:47,1795:35,1798:20,1798:40,1803:26, 1808:25

partner [1] - 1738:16parts [2] - 1727:16,

1760:11party[12]-1735:18,

1735:24,1735:43,1735:45,1747:42,1760:26,1778:46,1779:10,1779:29,1780:27,1782:35,1782:47

Pasisto [3] - 1771 :33,1771 :34, 1771 :37

pass [1] -1731 :30passage [2] - 1760:42,

1794:12passed [5] -1696:15,

1708:2,1708:12,1716:43,1773:30

passengers [2] - 1698:34,

1702:23passing [2] - 1748:20,

1748:39past [2] - 1764:16,

1808:33Pastor[12]-1712:12,

1712:21,1712:25,1712:30,1712:37,1713:3,1713:6,1748:18,1753:30,

1708:4, 1708:8,1708:15,1708:16,1708:17,1708:19,1708:39, 1710:44,1710:46,1715:43,1717:23,1723:6,1723:8, 1724:3,1725:30,1726:22,1727:29,1729:43,1730:26,1731:10,1732:4, 1734:36,1734:41,1735:33,1735:37, 1761 :46,1762:3, 1765:45,1766:2, 1766:5,1766:12,1766:27,1766:29,1766:37,1767:44, 1768:1,1768:11,1768:16,1768:17,1768:18,1768:20,1768:21,1768:22,1768:25,1769:5, 1769:24,1769:45,1770:5,1783:4,1789:46,1790:2, 1793:34

pageS[42]-1704:10,1704:11,1704:17,1704:20,1704:22,1704:38,1704:46,1705:12,1705:14,1705:20,1706:12,1706:47,1707:42,1708:2,1708:12,1708:31, 1708:32,1708:33,1727:21,1727:25,1727:27,1727:28,1729:36,1729:45,1730:7,1730:8,1730:16,1730:27,1731:5,1733:40,1734:47,1751:38,1751:39,1751:40,1751:41,1765:31, 1765:32,1767:47,1768:12,1768:24,1787:44

PAGES [1] - 1733:43Pages [2] - 1705:33,

1707:45painting [1] - 1711 :12paper [8] - 1696:1,

1700:44,1759:13,1788:12,1788:23,1788:44,1789:46,1790:7

Paper [2] - 1788:3,

1788:16PAPER[2]-1788:41,

1789:4papers [3] - 1787:43,

1788:35,1807:32PAPERS [1] -1788:37paragraph [14] -1694:14,

1694:15,1708:40,1760:22,1760:32,1761:4,1761:16,1762:39,1783:4,

18

p

1769:9, 1770:9,1770:19,1773:15,1773:30,1773:35,1773:40,1773:46,1776:5, 1776:8,1776:14,1776:26,1776:33,1776:47,1778:17,1778:20,1778:28, 1779:9,1782:5,1782:9,1782:15

OlWAY[3]-1703:32,1731:40,1731:45

Olway"[I]-1701:29Olway's [5] - 1696:22,

1725:19,1725:35,1727:28,1761:35

ourselves [1] - 1733:6

outlines [1] - 1735:6outside [1] - 1806:5outstanding [1] -1715:38

overboard [2] - 1744:2,1764:36

Overdue[1]-1788:24

OVERDUE [1] - 1788:39overheard [2] -1714:26,

1724:8overlaps[1]-1741:11overnight [2] -1739:4,

1751 :22overseas [1] - 1714:5overtaxed[1]-1711:15owing[1]-1711:11own [1] - 1752:40owner [1] - 1740:26

packing [1] - 1784:29Page [12] - 1699:28,

1706:15,1706:32,1706:36,1706:39,1706:42,1706:45,1707:24,1707:29,1725:35, 1768:20

page [105] - 1694:13,1699:8, 1699:9,1699:13,1699:30,1700:36,1703:10,1703:15,1703:18,1703:40, 1704:3,1704:16,1704:18,1704:21,1704:25,1704:26, 1704:27,1704:38,1704:39,1704:42, 1705:2,1705:5,1705:7,1705:11,1705:13,1705:16,1705:28,1705:30, 1705:31,1706:18,1706:21,1706:22,1706:35,1707:10,1707:14,1707:17,1707:19,1707:20,1707:32,1707:34, 1707:37,1707:40,1707:44,1707:46,1708:1,

.3/2/09 (26)

opposed [1] - 1809:23option[1]-1755:11

oral [4] -1694:17,1698:23,1700:38,1713:24

Orchards [1] -1700:24

Order [1] - 1808:28order[4]-1724:15,

1755:17,1770:45,1796:34

ordered [4] -1702:7,1702:19,1702:24,1702:26

orders [3]-1736:3,1767:41,1808:39

organisation [2] ­

1728:39, 1729:2original [9] - 1727:8,

1728:20,1736:41,1761 :44, 1767:41,1803:35, 1803:41,1805:31,1805:33

originally [2] - 1716:41,1726:21

originated [1] - 1776:19

Otherwise [1] - 1721:4otherwise [2] - 1755:19,

1789:39Otway[104]-1694:11,

1694:22,1694:43,1695:32,1695:35,1695:39, 1696:8,1696:13,1696:18,1696:35, 1697:9,1697:22,1697:43,1698:5,1698:15,1698:18,1698:21,1699:1,1699:18,1700:8,1700:13,1700:16,1701:5,1701 :6, 1701 :9, 1702:6,1702:42,1702:46,1703:3,1703:11,1703:27,1704:9,1708:25, 1708:27,1708:39, 1708:41,1709:28,1709:33,1709:47,1725:26,1725:42,1725:46,1727:1,1727:19,1728:25,1729:19,1732:21,1741:44,1742:1,1742:4,1742:5,1743:38, 1744:8,1760:36,1760:43,1761:17,1761:26,1761 :29, 1762:7,1762:9,1762:12,1762:14,1762:23,1763:2,1763:12,1763:13,1763:33,1763:38, 1764:4,1764:13,1764:22,1764:44,1765:20,1766:21, 1766:41,1768:4, 1768:6,1768:11,1768:31,

Transcript produced by Merrill Legal Solutions

Page 137: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

period[19]-1707:7,1707:10,1715:33,1725:42, 1729:21,1729:24,1729:28,1729:37,1730:15,1730:26,1732:26,1733:6,1742:37,1759:37,1766:40,1768:5,1775:6,1789:16,1795:2

periods [1] - 1710:32

permit [1] - 1727:13

permits [1] - 1726:2

person [42] - 1698:34,1699:40, 1700:2,1700:30,1700:32,1701:16,1701:21,1701 :25, 1701 :38,1701:47,1708:11,1712:13,1712:21,1719:2,1719:6,1723:22,1723:24,1735:21, 1736:6,1738:17,1744:42,1748:39,1756:31,1756:33,1762:43,1762:45, 1763:21,1771 :34, 1772:38,1772:39,1772:42,1774:9,1774:16,1774:19,1774:27,1776:1,1779:14,1782:13,1783:22,1789:24, 1792:21,1805:25

person's [2] - 1752:37,

1784:35personally [6] -1739:5,

1752:4,1755:43,1757:8,1779:6,1789:19

personnel [1] - 1729:36

persons [6] - 1713:25,1735:24,1754:14,1773:22,1773:35,1785:40

perspective [1] - 1711 :30

persuasive[3]-1794:31,1796:14,1796:15

persuasively [1] - 1790:30

pertaining [1] - 1787:16

Perth [18] - 1693:30,

1709:4, 1710:8,1710:25,1715:24,1728:16,1733:18,1733:19,1748:27,1758:23,1759:39,1771:36,1771:40,1775:4,1801:4,1801:6,1801:16,1802:14

petrol[3]-1711:5,

1711:12,1746:40PHILIP [2] - 1758:5,

1786:19Philip [3] - 1725:16,

1758:3,1758:11PHILOSOPHY [1]­

1787:30

phone [7] - 1723:10,1723:26,1738:14,1739:37,1748:10,1750:6,1752:12

phoned [1] - 1723:43

phones [1] - 1752:42

photo[7]-1736:19,1736:30, 1736:37,1741 :20, 1755:8,1782:43,1782:46

photocopies [1] - 1731 :33

photograph [7] - 1736:41,1739:43,1741:4,1756:15,1756:20,1762:45,1782:31

PHOTOGRAPH [1]­

1756:24photographs [3]­

1740:46,1741:5,1755:31

photography [1] - 1741 :11

Photos [1]-1741:6

photos[4]-1741:7,1741:16,1741:17,1741 :18

phrase [1] - 1726:5

pick [9] - 1696:35,

1696:44,1697:12,1697:25,1697:39,1698:24,1710:36,1753:15,1802:41

pick-up [1] - 1698:24

picked [7] - 1695:31,1696:46,1697:41,1698:17,1720:31,1759:10,1768:12

picture [2] - 1756:32,

1781 :25pictures [1] - 1781 :26

piece [11] - 1713:9,

1756:4,1756:21,1757:1,1759:27,1759:30,1763:37,1783:10,1783:18,1784:29,1803:31

PIECE [1] - 1756:24pieces [3] - 1783:23,

1792:9, 1809:33pilots [1] - 1792:36

Pinguin's [1] -1807:6

Place[1]-1787:10

place [22] - 1724:17,

1728:34,1733:16,1745:47,1748:23,1748:26,1748:33,1750:14,1752:39,1755:39,1757:8,1757:23,1760:3,1772:20,1778:16,1784:12,1791:27,1792:16,1802:39,1805:5, 1805:6

placed [2] - 1727:30,

1757:22places [8] - 1722:30,

1764:8,1770:27,1783:19,1783:45,

1792:35,1802:39,1806:26

plain [5] - 1713:30,

1715:7,1715:17,1720:40,1721:16

played [2] - 1718:3,1789:39

pleasantly [1] - 1741 :13

pleased [3] -1697:32,1752:11,1808:12

plenty [1] - 1763:37plotting [1] - 1793:4

plural [1] -1794:42

PMG [5] -1714:27,1714:28,1718:33,1724:9,1724:10

Point [10] - 1764:6,

1764:15,1764:16,1769:28,1770:29,1772:15,1774:1,1774:12,1774:17,1784:11

point [29] - 1698:32,

1702:41,1708:24,1710:30,1711:44,1722:12,1729:9,1730:3,1737:1,1740:22,1758:25,1759:23,1759:33,1759:43, 1761 :38,1766:44,1767:33,1768:30,1769:32,1770:9, 1776:4,1779:16,1784:9,1784:11,1785:25,1792:25,1793:22,1794:11,1794:28

pointed [4] - 1762:10,

1767:13,1784:8,1795:37

pointing [1] - 1809:20

pointless [1] - 1697:46

points [10] - 1699:9,

1699:14,1700:38,1702:12,1702:37,1762:12,1769:15,1769:16,1769:23,1809:7

Poland [1] - 1779:34

police[13]- 1774:33,

1774:35,1774:46,1775:2,1775:3,1775:5,1775:9,1775:13,1775:17,1775:32,1775:43,1775:44,1775:47

policeman [1] -1775:8

politics[1]-1796:17

port [5] - 1731 :23,1772:36,1773:11,1798:31

Port [3] - 1700:42,1784:15,1784:19

portable [1] - 1756:37

portion [1] - 1697:26

portions [1] -1803:45

poses [3] - 1791:1,

1794:32, 1794:40position [39] - 1696:36,

1696:38,1697:28,1698:20,1698:26,1728:14,1736:4,1741 :24, 1743:4,1762:6, 1762:8,1762:13,1763:43,1768:33,1777:11,1785:24,1791:42,1793:5,1793:6,1793:7,1793:18,1793:40,1794:4, 1794:5, 1795:4,1795:7,1795:21,1795:25,1795:26,1795:27,1795:32,1797:25,1800:17,1805:5, 1805:20,1806:5,1807:11,1807:24

positioning [1] - 1790:29

positions [5] -1792:37,1792:38,1793:25,1793:43, 1793:46

possibilities [3] - 1742:42,

1755:25,1778:12possibility [8] - 1742:43,

1744:32, 1769:9,1770:1,1770:15,1771:23,1781:16,1783:34

possible [25] - 1694:35,

1713:4,1713:47,1735:21, 1763:6,1763:11,1763:15,1763:32,1764:22,1764:25,1764:44,1767:39,1770:16,1770:19,1770:21,1770:24,1770:25,1772:7,1772:23,1773:20,1773:35,1774:11,1808:31,1809:2

possibly [1 0] - 1714:35,1720:1,1720:14,1723:45,1762:13,1763:17,1783:33,1786:34,1793:17,1805:33

post [1] - 1715:37

potential [1] - 1770:27

potentially [2] - 1698:21,

1760:38power [1] - 1742:39

practical [1] - 1753: 15

pre [2] -1756:10,1785:8pre-empt [1] - 1785:8

pre-wartime [1] - 1756:10

precautions [1] -1754:40

preceding [2] - 1752:18,

1801 :14precise [1] - 1785:21

precisely [2] - 1725:25,

1802:11precludes [1] -1724:41

prefer[1]-1744:44

TRAN.026.0137 R

preliminary [1] - 1782:29

premise[1]-1791:10

prepared [2] - 1699:36,

1743:32prescribed [3]-1725:47,

1726:11,1727:12PRESENCE [1] - 1747:26presence [2] - 1746:34,

1779:29present [6] - 1695:15,

1700:33, 1714:3,1779:3, 1779:5, 1780:44

presented [3] - 1762:43,

1765:40, 1792:9presenting [1] - 1790: 13

presently[3]-1701:16,

1717:35,1742:3PRESIDENT [116]­

1694:5, 1694:46,1698:28,1699:28,1700:35,1703:20,1703:34,1703:39,1703:46,1708:23,1709:31,1710:30,1713:9,1715:41,1716:28,1717:20,1717:26,1717:31,1718:22,1719:24,1722:17,1723:8,1723:17,1723:21,1724:21,1724:44,1725:6, 1728:43,1729:32,1729:40,1729:45, 1730:6,1730:12,1730:19,1730:24,1730:35,1731:5,1731:33,1731 :38, 1732:32,1732:41,1733:27,1738:4, 1740:40,1741:26,1741:37,1742:29, 1746:6,1747:23,1747:28,1749:11,1749:16,1749:26,1749:30,1750:10,1750:20,1750:35,1750:42,1751:13,1751:24,1751 :47, 1752:45,1753:24,1753:29,1753:38,1754:10,1754:34,1755:15,1756:15,1756:20,1756:45,1757:18,1757:28,1757:35,1762:6,1767:7,1768:15,1768:42,1769:28,1770:24,1772:27,1773:13,1776:38,1776:44,1777:19,1778:5,1778:27,1781:30,1781:44,1783:30,1784:27,1784:43,1785:2,1785:36,1786:16,1786:23,1786:41,1788:10,1789:30,1790:2,

,3/2/09 (26) 19Transcript produced by Merrill Legal Solutions

Page 138: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

TRAN.026.0138 R

1792:25,1793:24, procedure [21] - 1733:21, pulled [2] - 1759:27, 1709:17,1709:44, 1740:47,1778:12,1795:19,1799:47, 1796:24,1796:28, 1796:11 1709:46 1789:43,1795:411800:17,1802:31, 1799:31,1801:16, purported [1] -1702:45 questioned [2] - 1715:46, raising [2] -1695:19,1803:10,1803:31, 1802:2, 1802:6, purports [1] - 1723:21 1739:18 1719:221804:40,1804:45, 1804:16,1804:18, purpose [2] - 1768:7, questioning [1] - 1699:36 RALPH [1] -1728:91805:9,1805:15, 1804:27,1806:42, 1806:1 questions [21] - 1712:44, Ralph [11] - 1703:28,1807:18,1810:4, 1807:5,1807:7, purpose-built [1] - 1768:7 1712:46,1716:13, 1725:14,1725:22,1810:15,1810:18 1807:13,1807:36, purposes [2] - 1801 :25, 1718:3,1733:25, 1728:7,1728:15,

president [2] - 1759:25, 1807:41,1808:23, 1801 :31 1738:20, 1759:11, 1731 :9, 1732:43,1759:26 1808:47,1809:5, purse [1] -1789:40 1761:37,1761:47, 1733:27,1761:28,

press[1]-1742:22 1809:17,1809:45 pursuant [3]-1726:10, 1762:42,1767:20, 1761 :34pressed [1] - 1804:22 procedures [4] -1726:36, 1726:16,1726:33 1779:38, 1783:2, RAN [9] - 1762:33,pressure [2] - 1723:31, 1726:39,1733:16, pushed [1] - 1750:37 1784:39,1784:41, 1782:38,1791:3,

1771 :46 1804:32 put[64]-1694:41,1695:5, 1791:14,1792:12, 1791:12,1791:19,Presumably [2] - 1706:9, Proceed[1]-1777:11 1699:16,1700:23, 1794:16,1794:32, 1793:35,1794:33,

1754:45 proceedings [2] - 1700:44, 1710:30, 1794:35, 1794:38 1795:9,1795:14

presumably [1] - 1723:22 1802:27,1802:34 1711:37,1712:45, quickly [1] - 1791 :30 ran [1] -1707:34pretty[5]-1768:7,1784:3, process[5]-1741:11, 1714:19,1715:46, quiet [2] - 1698:33, RAN's [1] - 1795:26

1800:11,1800:13, 1765:9, 1772:25, 1719:13,1719:38, 1746:46 range [6] - 1725:44,

1803:20 1785:38,1799:13 1720:14,1720:25, quietly[1]-1784:21 1726:13,1797:42,prevailing [4] - 1755:30, produCe[1]-1734:19 1720:27,1721:31, Quite [3] -1727:28, 1800:43, 1806:3, 1809:6

1798:33,1798:35, produced [1] - 1778:32 1722:8, 1724:33, 1730:6, 1750:7 ranger [1] - 1754:42

1800:33 producing [1] - 1734:23 1724:46,1738:20, quite [29] -1695:8, rank [2]-1709:41,1773:5previous [9] - 1704:9, Professor [1] - 1741 :28 1741:31,1743:1, 1698:23,1699:19, RANR[3]-1693:33,

1706:18,1706:21, progress [3] - 1737:5, 1744:16,1748:29, 1700:40,1705:35, 1693:34, 1693:371723:5, 1777:6, 1782:3, 1783:39,1786:31 1749:18,1749:26, 1708:20, 1711 :3, rather [5] - 1727:24,1790:17,1792:16, progressed [1] -1737:25 1749:41,1750:21, 1716:14,1716:44, 1736:12,1743:34,1809:18 progressing [2] - 1737:4, 1755:37,1755:43, 1751:18,1752:5, 1747:18,1762:30

previously [5] - 1703:39, 1741 :3 1755:46,1759:7, 1752:11,1759:23, rating[4]-1720:47,1728:45,1783:25, project [1] - 1743:24 1761:19,1761:34, 1764:18,1767:42, 1721:2,1721:51785:46,1800:23 prominent [1] - 1743:25 1761 :37,1763:7, 1768:5,1772:7, Reactions [1] - 1788:24

prima [1] - 1799:29 promise [1] -1797:36 1765:27,1768:1, 1772:38,1777:41, REACTIONS [1] - 1788:40primary[2]-1760:47, proof [3] -1709:18, 1768:23,1775:37, 1779:39,1779:44, read [42] - 1714:22,

1761 :23 1709:19,1790:24 1775:39,1776:39, 1779:46, 1786:3, 1722:41,1734:36,Prime [4] - 1713:40, proper [3] - 1724:35, 1777:5,1780:17, 1787:47,1793:6, 1736:5, 1738:20,

1785:9,1785:18, 1800:46, 1809:20 1781 :20,1784:22, 1794:38, 1795:37, 1742:27,1743:25,1785:28 properly [2] - 1716:22, 1789:7,1790:33, 1797:33,1802:31 1746:35,1747:12,

printed [29] -1704:3, 1727:29 1792:12,1792:25, Quoin [1] - 1758:47 1748:13,1748:19,1704:10,1704:23, proposition [2] - 1775:37, 1792:32,1792:37, quote [2] -1729:9, 1748:39,1750:25,1704:27,1704:28, 1794:14 1793:34,1793:38, 1792:22 1753:3,1753:41,1704:29,1704:30, protects[1]-1730:40 1793:43,1794:14, 1761:16,1762:25,1704:31,1704:32, prove [1] - 1715:21 1795:33,1797:24, R 1764:38,1772:32,1704:33,1704:34, proved[6]-1700:14, 1799:9, 1800:23, 1772:37,1775:36,1705:15,1705:20, 1713:5,1790:38, 1802:36,1802:40, 1776:44,1777:15,1725:27,1725:28, 1807:6,1810:12 R/T[4]-1713:31,1718:8,

1778:3,1779:31,1790:42,1791:16, 1721:13,1721:141725:30,1725:40, 1796:5 putting [2] - 1745:45, 1786:23,1786:26,1727:20,1727:25, 1752:25 RAAF [3] - 1714:47, 1791:21,1792:1,proven [2] - 1785:29, 1715:3,1715:131730:4,1730:24,1735:1 1793:39 Putting[2]-1751:38, 1793:45,1795:19,

prisoner [1] - 1771 :41 provide[1]-1702:16 1761 :15 racking [1] - 1740:43 1797:26,1800:35,prisoner-of-war [1]- PW[I]-1693:34 radar[4]-1737:14, 1800:47,1802:45,provided[9]-1695:11, 1743:10,1744:37,

1771 :41 1696:2,1726:18, 1803:3,1803:11,

prisoners [5]-1709:10, Q 1756:37 1803:16,1805:18,1747:39,1749:8,1709:11,1709:20, 1751 :39, 1787:35,

radio[4]-1721:17, 1805:19,1805:35,

1710:7,1710:16 1778:28,1778:37, 1805:471788:44,1804:6private [1] - 1716:1

QC [2] - 1693:24, 1693:33 1782:13 reader[1]-1735:16proximity [1] - 1796:7 quadruple [1]-1805:21 radioed [4] - 1778:20,privy [1] - 1782:45 prudent [1] -1808:29 qualification [1] -1800:39 1778:21,1778:24,readily [1] - 1796:36

probes [1] - 1781:2 PTE.004.0180 [1] - 1770:4 qualified [1] - 1800:24 1778:38reading [10] - 1699:26,

problem [11] - 1709:31, PTE.004.0182 [1] - 1783:4 1721:17,1735:37,

1712:36,1727:9,quarter[1]-1789:12 radios [1] -1752:41 1767:28,1798:18,public [2] - 1789:17, quarters [2] - 1696:30, raft [2] - 1700:47, 1778:36

1752:7,1755:40, 1789:40 1799:47,1800:5,

1787:38,1797:15, 1710:45 raider[1]-1792:15 1800:8,1800:19,publication [1] - 1713:43 Queensland [5] - 1735:1, raider's[1]-1800:431797:19,1798:2, publicity [1] -1744:44 1800:361744:39,1787:21, raiders [1] - 1808:31 readings [3] - 1737:21,1801 :33, 1802:23 publicly [2] - 1729:8, 1795:42,1796:3 raise [2] - 1751 :5, 1758:23 1759:3,1759:4problematic [1] -1714:38 1729:11

problems [5] - 1708:23, QUEENSLAND [1]- raised[11]-1695:16, reads[3]-1776:45,published [1] - 1759:131736:8, 1743:36, 1787:32 1715:4,1716:33, 1777:9, 1808:9publisher [2] - 1735:17, queried [1] - 1767:44 1718:19,1724:15, ready [1] - 1791 :271756:36,1791:39 1743:20 query [4] - 1709:11, 1724:30,1735:30,

.3/2/09 (26) 20Transcripl produced by Merrill Legal Solulions

Page 139: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

real[3]-1709:31,1758:45,1795:1

realise[2]-1714:10,

1721 :14realised[3]-1704:19,

1742:40,1748:33realistic [1] - 1739:26really[24]-1698:14,

1714:37,1715:30,1737:22,1737:25,1739:20,1741:15,1743:35,1746:16,1752:4,1755:18,1756:13,1757:26,1763:40,1767:17,1767:35,1779:32,1781:22,1781:24,1782:17,1786:32,1791:15,1795:10,

1796:11rear[1] - 1704:27Rear [3] - 1808:1, 1808:2,

1809:35REAR[I]-1809:39reason [9] - 1743:44,

1755:32,1759:9,1765:22,1789:38,1790:13,1795:27,1802:7,1803:12

reasonable [3] - 1716:4,1791 :20, 1800:15

reasonably [2] - 1805:37,

1809:16reasoning [1] - 1765:9reasons[1]-1796:15reassess[2]-1791:44,

1791 :46reassessment [1]­

1795:7recalling[1]-1791:31recanted [2] -1738:24,

1750:11receive[1]-1801:20received [31] - 1696:32,

1697:14,1697:24,1700:31,1713:16,1713:25,1713:41,1714:5,1714:25,1717:10,1717:11,1717:35,1718:2,1719:12,1719:34,1719:36,1720:19,1721 :30, 1722:7,1723:44,1724:7,1724:16,1724:39,1738:42,1750:7,1751:15,1752:45,1753:44,1777:42,1778:6, 1782:9

receiving [1] - 1719:6recent[3]-1788:1,

1803:25recently [2] - 1745:41,

1750:25reckons[1]-1745:14recognise [3] -1740:7,

1765:43, 1809:2

recognised [2] - 1762:35,1809:27

recognition [9] - 1796:24,1796:28,1804:13,1804:27,1805:2,1807:13,1807:36,1807:40,1809:17

recollection [6] - 1695:38,1695:42,1701:26,1774:27,1774:41,1805:10

recollections [1]­

1695:37recommending [1]­

1806:18RECONNAISSANCE [1]­

1712:8reconnaissance [1]­

1710:42reconstituted [1]­

1783:22record [14] -1705:3,

1705:7,1716:4,1725:31,1727:21,1729:17,1733:12,1744:41,1759:20,1761 :34, 1762:32,1779:19,1779:23,1779:28

recorded [16] - 1695:10,1704:1,1704:4,1704:7,1719:2,1725:41,1726:13,1726:29,1726:34,1726:38,1726:40, 1727:6,1729:25,1745:16,1747:19,1769:7

recording [1] - 1727:13

Records [1] - 1733:8records [20] -1728:20,

1728:24, 1729:8,1729:10,1729:13,1729:15,1729:46,1732:4, 1732:45,1732:46, 1733:3,1733:5,1733:7,1733:11,1733:19,1733:23,1775:44,1778:32, 1793:45

recounted [1] - 1735:39

ref[1]-1761:11refer[4]-1694:11,

1724:39,1735:33,1766:28

Reference[1]-1805:45reference [6] - 1741 :30,

1760:37,1763:5,1780:8,1806:7,1808:11

referencing [1] -1805:42referred [25] - 1698: 12,

1698:13,1700:29,1723:6, 1724:21,1724:22,1726:12,1730:1,1730:30,1733:34,1738:36,1739:46,1754:39,1760:2,1760:7,1761:7,

1762:38,1767:40,1776:24,1777:6,1778:41,1779:24,1782:42,1782:45,

1786:24referring [10] - 1705:28,

1712:37,1738:37,1762:3,1766:1,1766:15,1772:42,1776:19,1776:38,

1776:41refers[3]-1717:15,

1753:17,1753:18refill [1]-1711:28

reflect [2] -1732:24,1795:28

reflected [3] -1727:26,1732:39,1795:30

reflects [2] - 1729:20,

1732:22refuelling [1] -1710:10Refuelling [1] - 1710:45refused [4] - 1751 :35,

1753:42,1795:45,1795:46

refuting[1]-1789:18

Reg [3] - 1792:34, 1803:4,1803:33

regard [9] - 1695:44,1756:7,1796:19,1800:33,1801:22,1808:4, 1808:23,1808:30,1808:46

regarding [8] - 1696:18,1697:2, 1762:22,1775:2,1775:38,1784:10,1784:18,1784:47

region [1] -1783:46

regret[1]-1764:40regular [3] - 1714:29,

1724:11,1809:16regulated [2] - 1725:43,

1726:7regulation [2] - 1704:6,

1726:25Regulation [3] - 1726:18,

1726:19,1727:5REGULATIONS [5]­

1727:47, 1728:1,1728:3, 1728:4, 1728:5

regulations [14] -1725:44,1725:47,1726:23,1726:25,1726:33,1726:36,1726:43,1726:45,1727:10,1727:14,1729:7,1729:47,1730:29

Regulations [12]­1726:10,1726:15,1726:16,1726:26,1726:35,1726:44,1727:11,1727:36,1727:37,1727:39,1727:40,1727:42

reject[1]-1698:46rejected [1] - 1698:45

relate[1]-1761:7related [5] - 1714:42,

1745:8,1745:19,1780:40,1780:41

relates [1] - 1761 :21relating [2] - 1780:27,

1810:9relation [18] - 1699:9,

1701 :8, 1712:20,1713:24,1738:24,1743:47,1750:23,1788:31,1793:13,1794:34, 1797:31,1799:30,1801:12,1804:12,1804:18,1804:27,1804:37,

1809:26RELATION [1] - 1788:41relationship [2] - 1749:45,

1759:42relatively[1]-1714:6relatives [1] -1779:6relayed [5] - 1700:5,

1717:10,1722:23,1722:29, 1723:26

relaying [1] - 1701 :26

release [2] -1733:27,1742:22

relevance [1] - 1762:22

relevant [7] -1725:42,1727:15,1727:26,1766:33,1796:32,1806:31,1808:29

Relevantly [1] - 1726:27reliance [2] - 1708:26,

1708:35reliant [1] -1805:25relied [7] - 1694:42,

1700:2,1701:22,1702:37,1793:12,1793:15,1793:20

relook [1] -1739:42rely [4] - 1763:25,

1763:26,1763:28,1769:15

relying [2] - 1724:34,

1794:12Relying [1] - 1790:38remains [4] - 1760:24,

1769:10,1778:44,

1782:38remarks [2] -1808:20,

1808:47remedy [1] -1727:9remember [12] - 1699:35,

1700:32,1703:13,1717:2,1720:4,1723:29,1723:30,1739:36,1740:28,1740:44,1748:47,1760:3

remembered [1]-1752:32

reminder[1]-1714:15remote [1] - 1738:30

remove [2] -1756:2,1760:37

removed[4]-1703:10,

TRAN.026.0139_R

1756:40,1756:42,

1780:35renewed [1] -1710:34repatriated [1] -1712:42repealed [2] - 1726:25,

1726:45repeat [1] -1785:16repeated [1] -1774:27replenish [3] -1710:36,

1711:5,1711:44replenishment [1]­

1711:18replies[1]-1801:44reply [5] -1793:41,

1796:39, 1797:8,1808:46, 1809:5

report[14]-1710:41,1710:42,1711:19,1712:2,1724:16,1754:42,1756:13,1757:6,1775:1,1775:2,1775:12,1775:16,1775:43, 1802:34

REPORT[2] -1712:6,

1712:8Reported[1]-1774:35reported[9]-1710:47,

1711:8,1712:21,1774:32,1774:36,1775:22,1775:31,1775:47,1784:6

reporting [1] - 1774:46

reports [2] - 1792:16,1802:34

represent [1] - 1716:22

represented [1]-1767:4Representing [1]-

1693:37request [6] - 1697:33,

1714:29,1724:11,1728:19,1733:21,1776:12

requested [6] - 1696:35,1696:44,1697:12,1697:39,1703:28,

1723:46requesting [1] - 1697:25require [4] - 1762:18,

1797:41, 1806:9,

1806:10required [12] - 1704:7,

1705:32,1706:10,1708:33, 1710:6,1725:41,1726:8,1726:29,1729:46,1730:28, 1735:46

requirement [4] - 1698:24,1705:3, 1705:9, 1727:4

requirements [3] -1704:1,1708:34, 1754:42

requires [2] - 1725:46,

1726:4rescuing [1] -1697:34research [19] - 1694:38,

1700:25,1712:19,1713:9,1714:43,1716:39,1742:31,

,3/2/09 (26) 21Transcripl produced by Merrill Legal Solulions

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s

1722:15,1723:5,1723:15,1723:19,1723:34,1724:37,1725:4, 1786:45,1787:3,1787:5,1787:26,1787:30,1787:34,1788:7,1788:12,1788:34,1788:43,1789:2,1789:7,1789:42,1790:6, 1792:43,1794:11,1796:23,1800:3, 1800:29,1803:6,1803:18,1804:3, 1804:43,1805:1,1805:13,1805:40,1807:21,1809:33,1809:44,1810:7

rushing [1] - 1789:31Rycroft[1]-1793:47

Rycroft's [1J-1794:1

5"[1]-1719:7

sack [1] -1752:27safe [1] -1772:20safely[1]-1710:8Safety [2] - 1728:41,

1728:46sail [3]-1697:46,

1766:21, 1772:8sailed [5] - 1742:35,

1762:23,1768:31,1770:19,1773:7

sailing [3] - 1697:22,1770:26,1773:15

sailor [1] - 1758:21

sailors[3]-1695:40,1743:39,1802:23

Sailors [1] - 1735:7

Salland [4] - 1809:19,1809:20,1809:26,

1809:28samples [1] - 1796:4Samuels [20] -1734:37,

1734:47,1735:38,1738:14,1738:21,1738:44,1741:39,1741 :43,1742:9,1748:9,1748:10,1749:18,1749:38,1749:42,1750:4,1750:23,1750:47,1756:12,1757:2

Samuels' [7J -1738:5,1738:9,1739:15,1739:46,1743:20,1750:6,1751:44

sand[1]-1749:40Sandalwood [1] - 1770:10

sands [1] - 1780:45sandy [1] - 1744:21sank [3] -1771 :9,

1771:11,1771:36sat [2] -1759:5,1780:1

22

1709:8,1709:19,1710:5,1710:32,1711:33,1711:43,1711:45,1711:46,1712:2,1715:33,1716:4,1737:1,1739:14,1744:40,1769:37,1769:41,1776:15,1776:26,1776:34,1777:1,1777:12,1777:19,1777:22,1777:23,1777:29,1777:40,1782:35,1782:36,1782:41,1782:47,

1783:39SEARCH [1]-1712:6searched [3] - 1775:4,

1778:31,1793:8searches[1]-1744:14searching [4] -1696:39,

1710:6,1710:20,

1742:15second [22] - 1701 :19,

1702:41,1704:15,1726:2, 1729:24,1730:25,1731:31,1732:1,1732:16,1735:33,1737:2,1753:21,1761:24,1761 :40, 1762:3,1765:14,1768:30,1771 :38, 1773:20,1773:24,1777:43,

1777:45Secondly [2] - 1733:40,

1760:32secrecy [3] -1702:42,

1703:4,1735:47secret [6] -1694:34,

1735:40,1801:43,1801:45,1801:47,

1809:31Secretary[3]-1785:10,

1785:19,1808:3secrets [1] - 1771 :35

Section [1] - 1726:7section [3] -1729:9,

1750:16,1804:36sections [1] - 1729:7see [57] -1694:14,

1695:15,1702:33,1704:25, 1704:37,1705:2, 1705:8,1705:30,1706:28,1707:37,1707:38,1707:41,1708:1,1708:15,1708:40,1710:40,1710:44,1710:46,1715:42,1723:41,1729:32,1730:12,1730:40,1732:12,1734:28,1736:31,1741:16,1742:1,1744:12,1744:21,1751:8,1755:2,1760:17,1761 :46, 1763:5,

satellites [1] - 1790:29satisfactory [6] - 1719:12,

1719:38,1720:20,1720:23,1721:30,

1722:7satisfy [1] - 1755:42saturated [1] - 1789:11Saturday[3]-1714:16,

1717:15,1724:4saving [2] - 1705:8,

1758:24SaW[22] - 1715:6,

1741:45,1745:14,1745:21,1745:27,1745:28,1753:45,1758:21,1759:31,1765:5,1774:27,1776:8, 1779:23,1779:25,1779:28,1779:46,1780:7,1783:45,1784:16,1784:17,1784:18,

1801 :5Scheme[1]-1712:15

---------- scholar[1]-1753:14

School [1] - 1709:7

school [4]- 1741 :9,1746:38,1752:10,

1758:20scientist [1] - 1782:1scientists [1] -1714:3sCreen[15]-1710:46,

1714:16,1715:42,1717:20,1718:6,1754:37,1755:2,1755:7,1756:32,1760:15,1769:32,1772:31,1776:39,1789:45,1797:3

screws [3] - 1756:7,1756:21,1757:1

SCREWS [1] - 1756:25

scroll [1] - 1766:3scrolling [1] - 1715:41

Sea[12]-1705:29,1721 :24, 1722:1,1758:40,1763:36,1763:41,1766:41,1772:37,1772:39,1772:40, 1773:9,1773:27

sea" [1] - 1721 :11seabed [1] -1773:21

seaman [3] - 1773:5,1805:10,1805:16

SEAMEN[2]-1727:47,

1728:4Seamen [6] - 1726:14,

1726:16,1726:26,1727:11,1727:36,1727:40

seamen [1] - 1726:22Search [1] - 1751:6

search [38] - 1695:28,1695:33,1695:35,1697:14,1697:29,1708:43, 1709:3,

rightly [1] - 1700:32rights[1]-1748:12

ring [2] - 1712:45, 1748:7rise [2] -1749:35,1750:4risen [1] - 1770:33rivalry [1] - 1724:28River[3]-1764:10,

1774:23, 1783:46river[1]-1772:16road [7] - 1711:4, 1711 :23,

1735:45,1739:25,1745:36,1748:28,1748:29

Road [1] -1734:8

rock [1]-1792:22rocket [2] -1705:4,1727:5rode[2]-1774:32,

1775:22ROL003,0026 [1] -1778:9role [3] -1709:12,

1709:21, 1709:44room[5]-1714:7,

1752:32, 1764:31,1764:39,1771:38

rough [1] -1744:24roughly [1] - 1732:34

round [1] -1764:35route[1]-1770:26Routinely [1] -1809:13routinely [2] - 1807:12,

1807:15row[4]-1744:10,

1744:13,1744:22,1772:8

RSL [1] -1735:25

rude [1] - 1781:4rule[2]-1715:18,1716:44ruled [2] - 1702:36,

1724:19rules [3] - 1725:44,

1744:47,1752:40Rules [2] -1727:36,

1727:38RULES [2] - 1727:47,

1728:1rumour[2]-1699:11,

1699:14rumours [3] - 1700:47,

1701:10,1740:45run [1] - 1784:24rung[1]-1739:19

running [1] - 1706:26runs [3] - 1706:35,

1707:20,1741:11Rush [5] -1693:33,

1703:20,1733:34,1787:22,1810:4

RUSH [56] -1694:1,1694:8,1694:10,1695:1,1699:8,1699:30,1703:23,1708:38, 1710:3,1710:40,1712:1,1712:11,1713:13,1715:45,1716:47,1717:23,1717:29,1718:6,1718:40,

1758:31,1758:36,1790:14,1803:13,1803:35, 1803:41,1805:31,1805:33,1806:41,1806:46,1806:47,1807:2

researcher [1] - 1766:46Researcher [1] - 1765:40researchers [1] - 1713:45resemble[1]-1781:28resignation [1]-1762:13

respect [10] - 1725:21,1727:22, 1729:37,1730:8, 1736:4,1754:31,1765:10,1772:33, 1780:6,1808:19

responded [1] - 1734:23response [3] -1775:45,

1785:37,1809:24responses [2] - 1792:11,

1809:23responsible [2] - 1715:3,

1752:43rest [2] - 1714:6, 1751:42restrictions [1] -1795:33result [7] -1704:2,1704:6,

1734:18,1749:19,1767:30,1781:14,1808:39

resulted[1]-1749:17results [2] - 1742:23,

1743:2RESUMPTION [1] - 1758:1retained [2] - 1728:43,

1739:40retaining[1]-1733:9retired[4]-1734:11,

1746:19,1758:38,1787:13

retract[1]-1770:15return [4] - 1711 :28,

1802:39, 1803:27,

1809:18returned [12] - 1696:34,

1703:34,1712:39,1713:2,1715:37,1739:1,1739:2,1739:3,1751:21,1766:13,1771:41,1787:41

revealed[2]-1782:41,1790:25

revert[1]-1744:36reviewed [1] - 1795:29revisited [1] -1790:16rewrite[1]-1787:46RFD [2] - 1693:24,

1693:33Richard [1] -1713:42Richardson [1] - 1697:18ridiculous [2] - 1763:8,

1777:37riding[1]-1774:42rigging [1] - 1714:8

right-hand [5] - 1705:5,1731:27,1732:12,1756:32,1766:12

Transcripl produced by Merrill Legal Solulions

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1763:12,1765:1,1765:23, 1766:3,1767:38,1768:17,1769:32,1777:41,1783:44,1784:17,1793:17,1794:27,1794:37,1796:47,1797:20,1798:42,1799:23,1802:7,1802:9,1802:15,1804:25, 1805:41

See [1] -1707:40seeing [5] - 1745:46,

1747:6,1759:19,1780:3,1782:46

Seeking [1] - 1733:41SEEKING [1] - 1733:44

seem [8]-1706:47,1713:46,1714:34,1717:45,1719:21,1719:45,1720:4,

1755:12selected [3] - 1792:39,

1793:21, 1793:25Selected [1] - 1793:24sell[2]-1714:35,1724:18self-explanatory [2] -

1714:35,1724:18semblance [3] - 1791 :4,

1791:19,1795:14seminar [1] - 1695:11Send [2] - 1718:22,

1718:28send [8] - 1718:25,

1719:28,1720:39,1722:11,1747:45,1751 :35, 1803:32

sending[4]-1713:17,1720:22,1721:27,1750:5

sense [10] - 1702:22,

1718:32,1718:33,1719:3,1719:5,1719:6,1720:28,1720:29,1722:13,1799:15

sensible [1] - 1710:35sent [37] - 1697:16,

1709:26,1709:29,1713:44,1715:29,1718:23,1718:26,1718:28,1719:32,1720:16,1723:27,1734:32,1744:46,1746:37,1747:43,1748:6, 1749:9,1749:20,1751:29,1755:6,1756:12,1757:2,1757:3,1757:7,1776:25,1777:28,1777:42,1777:45,1778:7,1778:28,1778:33,1779:12,1782:5,1782:16,1792:34, 1803:3,1803:46

sentence [1] -1795:8sentiments [1] - 1717:1

separate [2] - 1700:45,1784:24

September [2] -1707:29sequence [7] - 1704:20,

1706:26,1707:1,1707:45,1708:17,1769:8, 1797:37

serial [2] - 1709:41,1765:31

series [2] - 1784:45,

1802:38serious [1] - 1755:45seriously [5] - 1717:33,

1718:23,1720:15,1720:38,1721:21

serve [1] -1762:33serVed[1]-1734:19

Service [1] -1696:7service [2] - 1697:47,

1762:32serviced [1] -1697:45set [3] -1699:9,1700:38,

1802:6sets [3] -1717:17,

1796:27,1809:13setting [1] -1798:13seven [4] -1736:6,

1736:24,1737:44,

1752:30several [2] - 1739:19,

1740:11shaking [1] - 1784:5

shall [1] -1767:9

share [1] - 1752:24

shared [2] - 1771 :35,

1791 :33Shark[4]-1740:14,

1758:38,1779:35,

1788:28SHARK [1] - 1788:40Shedden[1]-1785:28

sheilas[1]-1724:31

shelling [1] -1784:19

SHEPHERD [2] - 1758:5,

1786:19Shepherd[21]-1725:16,

1752:34,1752:35,1757:33,1758:3,1758:11,1758:30,1766:9, 1766:39,1767:7,1769:5,1770:31,1772:31,1776:4,1778:10,1784:39,1784:43,1785:8,1785:36,1786:23,1786:41

shifted [1] -1758:38

ship [56] - 1694:26,

1695:24,1695:44,1698:20, 1698:21,1700:3, 1702:23,1714:7,1719:17,1732:34,1764:36,1766:11,1766:12,1768:6,1768:7,1770:25,1770:26,1771 :3, 1773:6, 1773:7,

1776:11,1793:13,1794:17,1795:21,1796:24,1796:28,1797:4, 1797:9,1797:14,1797:20,1797:21, 1797:26,1797:40,1798:30,1799:5,1799:31,1799:37,1799:43,1800:4, 1800:46,1801:1,1801:6,1801:17,1801:25,1801 :32,1802:35,1802:37,1802:40,1803:22,1805:2,1805:22,1805:26,1807:31, 1807:32,1809:46,1809:47

ship's [3] - 1726:2,1732:5, 1802:5

Shipping [1]-1796:37

shipping [1] - 1758:47

ships [29] - 1776: 13,

1791 :42,1796:34,1797:11,1801:13,1802:19,1804:13,1804:19,1804:27,1806:3, 1806:8,1806:13,1806:17,1806:19,1806:42,1807:12,1807:13,1807:35,1807:40,1808:26,1808:30,1808:36,1809:3,1809:8,1809:15,1809:17,1809:22,1809:23,1809:44

Ships [2] - 1808:14,1808:39

Shirley[5]- 1694:23,

1696:13,1696:16,1696:26,1697:2

Shoal [7] - 1764:15,1764:16,1770:29,1774:1,1774:12,1774:17,1784:11

shore [2] -1772:9,

1784:30Short [1] - 1718:9SHORT[I]-1725:11

short[4]-1714:26,1718:19,1724:8,1789:26

shorten [1] - 1732:32

shortly [2] - 1745:39,1745:47

show[8]-1730:27,

1732:33,1752:20,1755:31,1786:13,1786:16,1796:8,1808:27

showed [5] - 1748:21,

1748:41,1761:28,1761 :43, 1803:28

shown [4] -1703:21,

1714:18,1714:45,1785:43

shoWS[3]-1700:1,1708:7, 1781 :28

siblings [2] -1698:29,

1702:35sic [1]-1777:12

side [13] - 1704:39,

1705:5, 1705:6,1705:11,1705:12,1720:15,1731:27,1739:24,1766:12,1772:36,1773:11,

1798:31sighted [9] - 1697:5,

1698:31,1708:25,1763:18,1769:10,1770:2, 1770:21,1783:36,1808:30

sighting [4] - 1698:2,1698:22, 1700:3, 1770:8

sightings [2] - 1700:43,

1783:45sign [4] -1735:46,

1801:44,1801:45,1801 :47

signal [76] - 1695:26,

1700:30, 1700:31,1701 :42, 1713:30,1713:37,1713:46,1714:19,1714:44,1714:45,1715:6,1715:10,1715:11,1715:13,1715:19,1715:39,1716:14,1716:45,1717:3,1718:3,1718:8,1718:13,1718:24,1718:33,1719:19,1719:25,1720:31,1721:3,1721:5,1721 :15, 1722:3,1722:10,1722:12,1722:18,1722:24,1722:44, 1723:5,1723:10,1724:30,1724:32,1724:39,1776:19,1776:24,1776:25,1776:38,1776:41,1777:6,1777:28,1777:36,1777:42,1777:43,1778:28,1778:34,1782:5,1782:9,1782:15,1796:43,1796:45,1797:1,1797:5, 1797:8, 1797:9,1797:21,1798:18,1799:10,1801:39,1801 :42, 1806:38,1809:20, 1809:21,1809:30,1809:46,1809:47

signalled [1] - 1702:29

Signalled [2] -1714:25,

1724:7signallers[2]-1700:19,

1701 :36signalling[4]-1720:32,

1808:33,1808:38,

TRAN.026.0141 R

1809:9Signals [1] - 1714:46

signals [11] - 1713:14,

1713:36,1714:13,1714:14,1717:16,1717:38,1717:39,1720:40,1785:39,1801:6,1801:42

signature[1]-1747:4

signed [4] - 1723:22,

1747:2,1763:22,

1782:26significance [5] - 1748:29,

1749:43,1755:10,1757:8,1766:19

significant [7] - 1710:11,

1726:5, 1726:30,1726:46,1739:47,1747:18,1796:8

similar[9]-1699:43,

1705:7,1715:7,1718:16,1730:32,1731:1,1735:18,1741:22,1804:19

Simonetti [1] - 1696:26

simple [2] - 1704:22,

1797:34simply [2] - 1751 :39,

1809:23Singapore [3] - 1714:21,

1718:42,1724:40SINKING [1] -1786:21sinking[4]-1712:28,

1742:23,1771:6,1785:25

sister[1]-1695:6

sisters [1] - 1702:32

sisters'[1]-1698:29

sit [2] - 1767:35, 1784:20site [5] - 1738:30,

1744:16,1752:6,1756:2,1785:25

sites [1] -1756:1

sitting [1] -1746:43

situation [9] - 1702:16,

1736:16,1736:22,1736:29,1762:28,1777:34,1797:41,1798:16,1799:1

situations [1] -1799:41

six [4]-1737:38,1747:47,1748:3,1749:23

size[4]-1736:34,

1742:32,1743:11,1756:35

skeletal[1]-1782:38

slightest [1] - 1743:22

slightly[I]-1695:16slip [1] - 1755:20

slowly [1] - 1737:4

small [3] - 1756:3,

1772:19,1781:23smoke [5] - 1745:21,

1745:22,1745:23,1746:46, 1780:3

Snowy[1]-1712:14

so-called [3] - 1708:35,

,3/2/09 (26) 23Transcripl produced by Merrill Legal Solulions

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1743:45,1751:14Society [2] -1783:21,

1791 :22soldier [4] - 1735:5,

1735:32,1735:38,1750:22

Someone [2] - 1704:45,

1719:1someOne[11]-1694:46,

1695:44,1716:36,1723:22,1739:26,1748:14,1789:18,1789:31,1803:32,1803:47,1804:30

Sometimes [3] -1755:3,1762:16,1779:40

sometimes [1] - 1805:46Somewhere [1]-1735:1somewhere [3] -1736:47,

1750:44,1770:22son[4]-1715:1,1736:26,

1737:39, 1740:26sophisticated [3] ­

1782:36,1790:27,1793:5

sorry [5] - 1700:25,1789:35,1790:42,1796:19,1806:28

Sorry[2]-1751:3,1810:1

5011[3]-1742:16,1772:19,1791:23

SQUght[2]-1741:12,

1765:1sounds [1] - 1797:34source [4] - 1783:34,

1783:35,1785:30,

1805:15sources [7] - 1699:20,

1700:40, 1700:41,1700:46,1763:1,1763:3, 1783:21

South [5] -1737:32,1737:40, 1743:21,1745:18,1753:47

SOUTH [1] -1733:37south [13] -1744:25,

1755:30, 1755:31,1764:7,1770:28,1772:10,1773:39,1777:12,1777:34,1793:6,1798:37,1798:38, 1798:39

south-east [2] - 1798:37,1798:39

south-west [1] - 1798:38southbound [2] - 1760:41,

1763:34Southern[3]-1787:21,

1795:42, 1796:3SOUTHERN [1] -1787:32southern [1] -1793:5Spanish[2]-1801:6,

1801 :17sparse [1] - 1716:40speaking [2] - 1749:19,

1808:23speakS[1]-1754:1

special [1]-1756:36specific [5] -1729:9,

1768:39, 1782:37,1794:22,1797:47

specifically [2] - 1767:4,

1789:9spectrum [1] - 1762:26Speed[1]-1801:41spelt [1] - 1754:7

spend[2]-1741:9,1755:24

spending [1] -1743:24

spent[4]-1745:17,1746:17,1781:19,

1806:30spoken[11]-1713:5,

1740:36,1740:38,1751:13,1774:20,1775:24,1775:28,1775:45,1802:22,1804:7,1810:11

spokesman [1] - 1752:24spot [2] - 1695:39,

1695:43spot-on [2] - 1695:39,

1695:43spots [2] - 1749:40,

1763:46Springs [1] -1748:31sprung [1] - 1767:37

SQNLDR [1] - 1723:25SQUADRON [1] - 1809:40Squadron [6] - 1710:42,

1723:19,1808:2,1808:15,1808:17,1809:35

SS [13] - 1703:27,1703:32,1725:46,1728:25,1731:40,1732:21,1760:36,1760:43,1761:17,1766:21, 1766:41,1769:9, 1776:5

staff[I]-1715:23stage[15]-1698:17,

1728:43, 1736:21,1737:5,1737:13,1737:26,1737:27,1743:11,1744:35,1751:1, 1758:36,1759:40,1774:17,1795:40,1806:41

stages [1] -1758:38staggered [1] - 1805:31

staggering [1] - 1805:38stamp[4]-1730:41,

1731:1, 1765:37stand [10] -1763:42,

1764:15,1779:40,1791:3,1791:12,1791:17,1791:19,1793:35,1794:38,1795:14

stand-offish [1] -1779:40standard [1] -1808:33

Standing [1] - 1761:9stands[1]-1736:17

starboard [1] -1798:31start[4]-1761:24,

1789:15,1789:44,1801 :35

started [7] - 1724:3,1740:43,1741:2,1756:8,1758:15,1764:42,1769:41

starts [3] -1707:15,1721 :13,1742:9

state[3]-1700:19,1787:5,1799:12

State [2] - 1725:14,

1728:15state" [1] - 1701 :37Statement [2] - 1696:26,

1697:18statement[26]-1701:47,

1739:21,1746:31,1747:6,1747:28,1747:32,1763:15,1763:21, 1763:25,1763:26,1763:29,1774:7,1778:23,1784:47,1785:9,1785:13,1785:34,1786:1,1786:3,1786:5,1786:10,1786:17,1786:25,1786:29,1789:27,1791:18

STATEMENT[I] - 1786:19statements [2] - 1694: 12,

1792:10Statements [2] -1696:17,

1696:20states [1] - 1796:32Station[16]-1740:17,

1740:23,1740:27,1745:25,1745:35,1745:36,1746:36,1746:41,1747:7,1747:36,1754:41,1760:27,1774:16,1778:47,1779:47,

1807:12station [7] - 1740:31,

1745:32,1745:33,1745:42,1774:46,1775:3,1782:13

stationed [1] -1710:31Stations [2] - 1803:22,

1803:23stations [1]-1710:12stations... [1] - 1722:35statistical [1] -1796:8

statutory [1]-1725:44

Statutory [2J - 1727:36,1727:37

STATUTORY [2] ­1727:47,1728:1

stay[1]-1720:10

steamed [2] - 1764:16,1798:12

steaming [1] - 1798:7

Steep [2] -1764:6,1772:15

step [5] - 1773:20, 1782:3,

1802:6steps [1] - 1802:11stern [1] - 1714:5

stick [1] -1793:15sticking [1] - 1704:37

sticking-in [1] -1704:37still [19]-1698:46,

1702:10,1704:20,1715:12,1715:23,1715:38,1716:13,1735:21,1736:22,1742:38,1746:25,1749:42,1757:13,1759:20,1762:18,1779:15,1785:34,1801:10,1809:1

stimulated [2] - 1738:5,1738:9

stipulate [2] - 1726:11,

1726:12stipulated [2] -1726:31,

1726:36stock [1] - 1736:40stocks[2]-1711:2,

1711:44stood [2] - 1732:35,

1764:15stop [1] - 1807:31stopped [2] - 1748:27,

1807:37Stopping [1] - 1797:3stopping [2] - 1790:33,

1802:39stories [18] - 1694:30,

1700:17,1740:8,1743:26,1747:35,1759:35,1780:13,1791:2,1791:5,1791:12,1794:33,1794:41,1794:44,1795:9,1795:13,1795:21, 1795:29

story [49] - 1696: 16,1698:41,1699:1,1699:5, 1699:43,1701 :6, 1708:36,1709:33, 1712:27,1714:39,1735:14,1735:19,1735:38,1736:5,1736:7,1738:12,1738:16,1738:43,1739:45,1740:1,1740:9,1742:4,1743:19,1743:38,1743:44,1745:8,1745:12,1747:12,1754:17,1759:12,1759:19,1759:41,1762:42,1763:1,1763:11,1776:2,1779:13,1779:45,1780:2,1780:4,1780:26, 1780:31,1780:33,1780:43,1791:35,1794:16,1795:1,1798:42

Straat[3]-1718:20,

TRAN.026.0142_R

1723:2straight [4] - 1715: 18,

1771 :46, 1798:7,

1798:36strain[1]-1711:22Strait [3] -1742:34,

1771 :37, 1805:3Straits [1]-1723:1straits [1] -1714:8Straits" [1] -1722:46stranded[1]-1711:27strange [5] - 1695:33,

1698:14,1719:45,1720:4,1746:44

stranger [2] - 1779:40,

1783:33strangers [2] - 1779:37,

1779:38Street[2]-1728:17,

1778:16street [1] -1795:15stretcher[3]-1755:18,

1755:20,1756:6stretchers[4]-1737:18,

1737:19,1755:17,

1756:28strip [1] - 1704:45strong [2] - 1794:1,

1807:4strongest [1] - 1725:29strongly [2] - 1725:39,

1807:8structural [1] - 1720:9struggle [1] - 1720:3stuck[2]-1704:10,

1792:20studied [1] - 1785:36study [2] - 1738:28,

1755:28stuff[2]-1738:12,1750:7stupid [1] -1787:45

Subcommittee [1]-

1761 :9subject[7]-1711:18,

1726:21,1726:28,1729:12,1788:24,1795:22, 1795:26

subjective [1] - 1695:8

SubLEUT[I]-1715:20SUBM,007,0159 [1]-

1772:29submarine [2] - 1712:23,

1712:28SUBMISSION [1]­

1788:37submission [22] ­

1694:17,1732:38,1735:19,1741:31,1760:16,1760:20,1760:24,1760:34,1761:1,1761:25,1761:37,1761:40,1761 :44, 1762:31,1765:14,1767:41,1768:30, 1770:5,1776:5,1778:40,1778:44, 1782:26

,3/2/09 (26) 24Transcripl produced by Merrill Legal Solulions

Page 143: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

,3/2/09 (26)

submissions [11]­

1699:42, 1760:11,1760:20,1760:47,1761:15,1761:17,1761:19,1761:24,1787:35,1789:7

submit [1] -1730:33SUBMITTED [1] - 1787:29submitted [4] - 1727:24,

1735:34,1760:16,1770:5

Subsection [2] - 1725:45,1726:2

subsequent [2] - 1713:40,1730:8

Subsequent [1] -1713:43substance [2] - 1701:10,

1724:22success [1] - 1696:40suddenly [1] - 1708:44Sue [4] -1694:24,

1696:14,1696:16,1697:18

suffered[1]-1720:13sufficient [3] - 1740:7,

1767:35,1789:16suggest [15] - 1703:40,

1710:11,1716:9,1724:4,1724:14,1743:35, 1744:3,1747:19,1757:24,1778:14,1780:16,1794:13,1803:18,1807:11,1809:14

suggested [7] - 1703:3,1718:12,1718:23,1741:45,1742:30,1767:45,1774:10

suggesting [6] - 1713:47,1717:33,1744:9,1757:25,1799:35,1806:1

suggestion [5] - 1738:8,1743:37,1743:38,1744:5,1774:6

suggests[3]-1713:44,1725:39, 1765:4

suitable [1] - 1757:9summarise[1]-1805:4summarised [1] -1700:26summary [1] -1776:27summation [1] - 1767:34summer [1] - 1707:10Summerell [3]-1713:42,

1715:12,1717:37summons [2] -1734:19,

1734:23sun[3]-1798:8,1798:12,

1798:13Sunda [3] - 1742:34,

1771 :37, 1805:3Sunday[4]-1715:42,

1759:39,1759:41,1779:32

sunk [2] - 1736:7, 1770:37superior [1] - 1795:38supplement [2] -1703:27,

1731:5SUPPLEMENT[I]­

1703:32supplement" [1] - 1730:45supplementary [1]­

1788:44SUPPLEMENTARY [1]­

1789:4supplied [1] - 1781 :24supplies [3] - 1710:33,

1710:34,1710:36supply [1] - 1752:40supplying [1] - 1709:9support [4] -1738:25,

1742:4, 1773:44,1775:46

supported [1] - 1708:26supports [3] -1775:40,

1779:4, 1780:44suppose[4]-1747:47,

1752:23,1759:33,1801 :19

supposed [2] -1697:13,1796:2

supposition [1] - 1718: 1surgery [1] - 1780:30surmise [1] - 1709:36surmising [1] - 1709:25surname [2] -1754:7,

1780:37surprise [1] - 1702:6surprised[1]-1741:13surprising [2] - 1694:36,

1767:12surrendered [1]-1714:45surrounding [1] - 1712:23surveY[1]-1790:17surveyor's [1] -1795:36Surveyors [1]- 1741 :10survived [2] - 1771 :39,

1771 :40survivors [7] - 1696:45,

1697:15,1697:39,1736:13,1777:30,1791:43,1791:47

survivors' [1] - 1791:5suspect[1]-1775:16suspicious [1] - 1794:45SWACH [18] -1714:14,

1714:20,1714:33,1715:46,1716:1,1716:7,1717:6,1717:14,1717:46,1719:21,1723:35,1723:39,1724:14,1724:22,1733:34,1776:16,1793:45

swamps [2] - 1783:41,1783:47

swell [1] - 1798:37sworn [5] - 1702:42,

1703:4,1734:1,1758:5,1787:1

SYDNEY [7] - 1693:17,1712:7,1733:44,1735:8, 1786:21,1787:31,1788:40

Sydney [169J - 1696:23,1696:43,1697:2,1697:10,1699:22,1699:23,1699:33,1699:42, 1710:21,1712:3, 1712:24,1713:14,1713:17,1713:26,1713:28,1713:36,1713:38,1713:39,1713:44,1714:2,1714:6,1714:21,1714:27,1714:42,1714:44,1715:2,1715:4,1715:5,1715:34,1716:41,1717:44,1718:8,1718:12,1718:25,1718:26,1718:34,1718:42,1719:26,1719:28,1719:32,1719:36,1720:1,1720:9,1720:13,1720:14,1720:16,1720:27,1720:37,1720:42,1721:21,1721:27,1721:39,1722:2,1722:10,1722:18,1722:19,1722:44,1723:46,1724:9,1724:19,1724:26,1724:33,1724:42, 1735:11,1736:7,1736:10,1739:14,1740:11,1741:27,1741:40,1742:10,1742:23,1742:33,1742:35,1743:47,1744:4,1745:14,1745:19,1745:28,1745:39,1745:47,1746:22,1750:46,1751:6,1751:9,1758:15,1758:35,1760:21,1760:26,1761:11,1762:22,1764:27,1766:20,1767:14,1767:19,1767:24,1768:1,1768:23,1769:11,1771:3,1771 :6, 1771 :25,1771:26,1771:27,1771 :32, 1771 :37,1771:44,1771:47,1772:2, 1772:5, 1772:8,1772:11,1772:24,1772:33,1773:21,1773:23,1774:8,1777:22,1777:30,1777:40,1778:16,1778:46, 1783:11,1783:18,1784:12,1784:16,1784:30,1785:21, 1785:38,1787:16,1787:23,1787:43,1788:24,1789:8,1789:9,1789:34,1789:37,

25

1790:34,1791:11,1791:22,1791:36,1792:38,1794:23,1797:31,1798:16,1799:21,1799:23,1802:14,1802:21,1802:22,1802:26,1802:27,1802:37,1803:2,1803:19,1803:21,1803:25,1804:7,1804:26,1804:29,1804:46,1805:2, 1805:3,1805:11,1805:16,1809:22, 1809:27

Sydney" [2] -1713:41,1733:41

Sydney's [9] - 1714:9,1720:2, 1736:2,1803:38, 1803:41,1804:16,1804:30,1804:32,1809:18

Sydney-Kormoran [1]­

1784:16system [10] -1790:38,

1790:40,1794:19,1795:37,1795:46,1796:1,1796:2,1796:6,1796:39

T

table [2] - 1703:42,1784:21

tactically [1] -1806:4tail [1] - 1696:33Talbot [1] - 1797:10Talbot-Booth [1]-

1797:10talks [4] -1746:40,

1746:42,1746:45,1782:13

tampered [9] - 1708:28,1708:30,1716:10,1716:25,1716:29,1716:36,1716:38,1767:30, 1767:32

tampering [1] - 1708:35tank [4] - 1736:36,

1736:39,1736:40,1736:42

Tarcoola[1] -1758:12tardy [1] - 1809:22target [2] - 1803:26,

1804:11tasked [1] -1714:9Teade[1]-1748:41team [1] - 1752:22technical[2]-1721:20,

1721 :22Ted[2]-1694:13,1694:18teenage[1]-1740:16teenager[3]-1746:12,

1746:21,1746:29telegraph [2] - 1721 :20,

1721 :22telegraphist [1] -1721 :17

TRAN.026.0143_R

Templeton [4] - 1804:31,1804:32, 1804:41,1805:9

tenable [3] -1767:46,1768:13,1768:24

tend [1] - 1784:24tended [1] -1695:5tender [9] - 1712:1,

1727:32,1733:33,1760:42,1787:27,1788:7,1788:34,1789:2,1809:33

tendered [1] -1732:39tending [1] - 1789:28terminated [1] - 1715:37terms [3] -1758:31,

1763:4, 1764:35terrible [1] - 1768:6terribly[1]-1752:6test [1] -1757:5tested [3] - 1737:21,

1756:12,1781:11testing [2] -1718:16,

1757:3THE[141]-1693:17,

1694:5, 1694:46,1698:28,1699:28,1700:35,1703:20,1703:34,1703:39,1703:46,1708:23,1709:31,1710:30,1712:7,1713:9,1715:41,1716:28,1717:20,1717:26,1717:31,1718:22,1719:24,1722:17,1723:8,1723:17,1723:21, 1724:21,1724:44, 1725:6,1725:9, 1728:43,1729:32,1729:40,1729:45, 1730:6,1730:12,1730:19,1730:24,1730:35,1731:5,1731:33,1731 :38, 1732:32,1732:41,1733:27,1733:31,1733:44,1738:4, 1740:40,1741:26,1741:37,1742:29, 1746:6,1747:23,1747:26,1747:28,1749:11,1749:16,1749:26,1749:30,1750:10,1750:13,1750:20,1750:35,1750:37,1750:42,1751:13,1751:24,1751:47,1752:45,1753:24,1753:29,1753:38,1754:10,1754:34,1755:15,1756:15,1756:20,1756:27,1756:45,1757:18,1757:28,1757:30,1757:35,1762:6,

Transcript produced by Merrill Legal Solutions

Page 144: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

,3/2/09 (26)

1767:7,1768:15,1768:42,1769:28,1770:24, 1772:27,1773:13,1776:38,1776:44,1777:19,1778:5,1778:27,1781:30,1781:44,1783:30,1784:27,1784:43,1784:45,1785:2,1785:36,1786:16,1786:20,1786:23,1786:41,1786:43,1787:29,1787:31,1787:32,1788:10,1788:37,1788:38,1788:39,1788:40,1789:5,1789:30,1790:2,1790:4, 1792:25,1793:24,1795:19,1799:47,1800:17,1802:31,1803:10,1803:31,1804:40,1804:45, 1805:9,1805:15,1807:18,1809:40,1810:4,1810:15,1810:18,1810:20

theme [1] - 1775:39

themselves [2] -1759:4,1802:16

theorists [1] -1743:45

theory [4] - 1709:32,1741:37,1741:43,1790:33

thereabouts [1] - 1749:23thereafter [2] -1706:6,

1706:7therefore [3] - 1702:6,

1713:7,1795:21Therefore[2]-1710:33,

1710:34thesis [16] - 1770:47,

1771:1,1771:20,1771 :22, 1787:21,1787:27,1787:34,1787:36,1787:38,1787:46,1789:43,1790:2,1791:15,1804:6, 1805:24,1805:35

THESIS [1] - 1787:29thinking [3] - 1743:34,

1759:7,1764:24third [13] -1694:14,

1701:28,1703:10,1729:28,1730:12,1730:14,1730:38,1731 :43, 1737:2,1762:39,1773:24,1773:28, 1780:27

Thompson [3] - 1771 :33,1771 :34, 1771 :37

ThomsOn[1]-1767:47

thorough [1] - 1724:35Three [1] -1748:31

three [29] - 1701 :33,

1705:38,1705:45,1707:25,1710:45,1717:27,1717:33,1732:26,1732:33,1732:38,1733:28,1737:9, 1739:34,1740:27,1740:34,1742:33,1744:11,1744:14,1745:4,1750:21,1751:38,1751:39,1751:41,1764:17,1787:39,1802:45, 1803:1, 1803:3

three-quarters [1]-

1710:45three-week [1] -1742:33

threW[1] - 1791 :38

throW[1] - 1763:7throwing[1]-1737:18Thursday [3] - 1766:31,

1766:35, 1766:41ticking [1] - 1750:17tie[1]-1749:41

timing [3] -1717:43,1719:20,1722:2

Timor[1]-1762:15

tiny[1]-1781:36tipped [2] - 1772:18,

1772:21TITLED [1] - 1712:7TO[IO]-1703:31,1712:6,

1712:8,1731:40,1787:30,1788:38,1788:41,1809:40,1809:42,1810:21

today [13] - 1702:38,1703:34,1728:20,1728:40,1729:20,1735:22, 1735:27,1736:17,1736:26,1756:4,1756:42,1757:8,1768:32

together [12] - 1704:23,1739:14,1739:16,1751 :8, 1752:25,1763:10,1765:27,1775:39,1784:22,1784:24,1790:28,1807:6

Tom [1] -1700:3tomorroW[1] -1810:9

Tony [1] -1737:32took [16] - 1736:14,

1742:8, 1744:26,1750:14,1750:16,1751:10,1752:6,1760:3,1778:15,1781:15,1781:17,1791:27,1792:16,1805:5, 1805:6

tool [1] -1803:21tooth [1] - 1758:25top [8] -1696:3,1723:8,

1734:41,1737:18,1769:5, 1769:45, 1770:4

topic [4]-1713:13,1713:14,1717:34,

1740:41topics [1] - 1783:3torn [2] - 1704:43,

1708:19torpedo [1] - 1771 :39total [3] - 1708:32,

1711:28,1716:12totally [3] - 1707:45,

1790:39,1790:43touch [4] -1698:5,

1749:18,1749:19,1749:41

towards [5] -1742:42,1744:11,1744:22,1747:46,1807:33

Town [1] - 1758:23track[4]-1712:40,

1744:40,1746:41,1795:1

tracked [1] - 1779:11Trade[1]-1761:11transcript [2] - 1746:32,

1778:15TRANSCRIPT[I] ­

1747:25TRANSCRIPTION [1]­

1753:26Transcription [1]­

1753:30transferred [2] - 1728:33,

1728:35transit [2] - 1764:23,

1765:20translating [1] - 1695:25

transmission [1]­

1713:17transmissions [2]-

1713:26,1713:28transmit [1] - 1720:38transmitting [1] - 1722:38

transport [1] - 1735:46transported [1] - 1709:4

travelled [3] -1694:22,1697:43,1764:13

travelling [1] - 1779:10

Travis [1] - 1796:1trees[1]-1741:23TREVOR [1] -1787:1Trevor [1] - 1787:7TRH [1] - 1693:24tried[6]-1751:10,

1772:12,1772:24,1775:1,1796:3,1796:4

trip [10] - 1736:27,1736:36,1737:2,1739:3, 1739:25,1752:38,1754:22,1754:24,1780:47,1781 :1

trips [2] - 1737:2, 1737:3Trocas [1] - 1778:36trouble [1] - 1777:22truck [2] - 1753:21,

1753:22truckie [1] - 1753:19trucks [19] - 1708:45,

1709:5,1709:12,

26

1710:35,1711:34,1711:42,1711:45,1740:10,1745:46,1747:7,1747:18,1747:35,1748:23,1753:18,1755:37,1780:13,1780:26,1780:34

true [6] - 1734:21,1743:14,1743:23,1743:32,1761:26,1780:15

True [1] - 1749:21truly[2]-1715:37,

1746:24trumpeted [1] -1795:34trust[2]-1771:35,

1783:31truth[2]-1754:16,

1779:47truthfulness [1] - 1794:45try[4]-1706:29,1714:10,

1784:24,1803:13trying [17] - 1700:46,

1702:15,1712:40,1716:39,1719:28,1721 :23, 1722:3,1737:45,1739:13,1750:45,1751:5,1751 :7, 1754:22,1758:31,1784:27,1786:33,1810:1

Tuesday[5]-1693:40,1769:11,1769:38,1769:42, 1770:2

tug [1] -1788:31turn [7] - 1708:39,

1731 :30, 1732:4,1739:4,1743:12,1761 :45, 1798:12

turned [8] - 1698:7,1704:16,1704:17,1742:41,1742:42,1768:11,1768:24,1792:31

turning [2] - 1739:26,

1767:47turns[2]-1712:46,

1801 :40twenty [1] -1708:45twice [1] - 1753:44two [69] - 1694:23,

1694:36,1695:14,1695:18,1696:18,1698:29,1698:39,1700:45,1701:4,1701:33,1702:12,1702:31,1702:32,1702:36,1704:17,1704:20,1705:14,1706:2,1706:12,1708:2,1708:12,1708:32, 1711:4,1713:2,1715:16,1717:38,1722:30,1724:23,1730:26,1733:33,1737:30,

TRAN.026.0144 R

1738:17,1738:33,1738:46,1739:22,1739:34, 1742:21,1744:10,1744:13,1748:13,1749:46,1751:18,1753:18,1753:19,1754:31,1756:21,1760:20,1760:47,1761:23,1764:8,1767:13,1768:12,1768:24,1770:32,1776:13,1777:31,1781:19,1790:30, 1793:8,1794:32, 1795:41,1801 :42, 1802:45,1803:3,1809:13,1809:33

Two [4] -1696:29,1697:23,1736:26,1803:1

type[2]-1774:1,1801:3typed [3] - 1749:30,

1752:1,1753:31TYPED [1] - 1752:14

u

Uco [1] - 1788:31UCO [1] -1788:41unable [2] - 1755:3,

1776:8unaccounted [1]­

1773:22unaddressed [1] - 1752:2UNADDRESSED [1]-

1752:14unassailable [1] - 1804:1unattributed[1]-1701:47

unbelievable [1] -1755:44uncle[3]-1700:16,

1701:31,1715:1uncrowned [1] -1746:16undamaged [1] - 1714:6

undated [3] - 1749:30,1752:1,1753:30

UNDATED[I] -1752:14under [17] - 1708:34,

1713:45,1718:17,1725:45,1729:47,1730:41,1733:1,1733:4,1738:17,1751:32,1751:33,1767:41,1771:45,1774:22,1792:39,1801:16,1801:19

undertaken [1]-1712:16

undertook [1] - 1712:19underwater [2] - 1790:25,

1795:36unequal [1] - 1711 :21Unfortunately [3] ­

1701 :40, 1759:3,1774:21

unidentified [1] - 1700:30uninitiated [1] - 1789:23

Transcripl produced by Merrill Legal Solulions

Page 145: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

,3/2/09 (26)

w

WA[3]-1741:10, 1776:20,

1776:21Wagoe [3] - 1764:7,

1770:29,1772:15waited [1] -1746:47

walk [1] - 1743:13walked [1] - 1755:38

wallowing [1] - 1717:45WAM,003,0040 [1]-

1696:1WAM,016,0053 [2]­

1746:31,1747:26War [5] - 1791 :28,

1801 :10,1803:15,1808:17,1808:28

war [5] - 1694:34,1714:46,1748:24,1758:24,1771:41

warship [17] - 1796:41,1796:46,1797:4,1797:15,1797:19,1797:24,1797:40,1797:41,1799:10,1799:11,1799:30,1799:36,1799:42,1800:18,1801:24,1801 :30,1802:12

Warship[4]-1796:42,1801 :38, 1801 :39,1801 :42

warships [5J -1801:4,1806:2,1806:37,1807:25,1809:15

wartime [3] - 1737:19,1756:10,1756:27

27

unit [1] -1735:44United[1]-1741:6

UNIVERSITY [1] - 1787:32university [1] - 1787:13University [4] - 1781 :18,

1787:21,1795:42,1796:3

unknown [2] -1755:32,

1802:40unless[6]-1721:16,

1739:22,1741:42,1789:26,1789:39,

1808:25Unless [2] - 1784:38,

1801 :14unlike [1] - 1694:25

unnamed [1] -1752:1UNNAMED [1] - 1752:14unpleasant [1] - 1808:40unreadable [1] - 1776:31unrelated [1] - 1700:46

unsatisfactory [1]-

1805:7unspecified [2] - 1760:25,

1778:45unsuccessful [1]­

1697:29unusual [2] - 1695:20,

1695:30UP[89]-1695:31,1696:31,

1696:35,1696:45,1696:46,1697:12,1697:25,1697:39,1697:41,1698:17,1698:24,1703:25,1703:37,1704:16,1709:10,1709:26,1710:12,1710:15,1710:35,1710:36,1711:32,1714:16,1716:11,1720:31,1724:46, 1726:5,1729:36,1730:16,1734:28,1736:14,1737:22,1738:16,1740:9,1742:41,1743:12,1744:13,1746:31,1748:9,1749:41,1750:17,1752:39,1753:3,1754:36,1754:39,1755:13,1755:33,1756:5,1756:11,1756:28,1757:10,1759:25,1759:27,1760:10,1762:9,1762:32, 1764:21,1764:32,1766:44,1768:4,1768:12,1769:3, 1770:4,1772:29, 1772:31,1774:23,1775:1,1775:25, 1777:5,1778:9, 1779:9, 1783:4,1783:12,1783:15,1783:19,1783:23,1783:43,1783:46,

1784:30,1789:45,1790:33,1791:18,1792:33,1794:38,1795:14,1798:21,1800:44,1801:7,1802:41,1809:19

UPON [1] -1758:1Urquhart [1] -1737:33USQ,001 ,0180 [1]-

1789:44

v

Valley[I]-1755:10valleys [2] - 1755:21,

1756:35varied [1] - 1799:41variety[1]-1792:7Various [1] - 1699:22various [16] -1699:33,

1701:15,1714:22,1739:39,1758:35,1758:38,1759:11,1761:47,1762:41,1765:15,1783:32,1783:43,1783:45,1785:43,1797:10,1802:39

vehicle[2]-1711:20,

1762:34vehicles[4]-1711:21,

1711:27,1745:26,

1745:27venues [1] - 1735:25verandah [2] - 1746:44,

1780:1verify [3] - 1775:10,

1775:44,1782:17version [4] - 1727:21,

1790:28,1791:3,1791 :19

versions [1] -1794:46vessel [10] - 1725:46,

1731 :22, 1760:42,1762:34, 1766:31,1771:14,1777:28,1801:40,1801:43,

1801 :44Vessels [1] - 1808:34vessels[9]-1726:47,

1730:16,1790:31,1791 :31, 1794:32,1796:35,1796:42,1801 :38, 1808:24

via[1]-1776:16Vic [9] - 1738:32, 1738:38,

1738:44, 1739:5,1739:8,1750:15,1750:18

vice [1] - 1759:25

vicinity [2] - 1776:34,1777:1

Victoria [4] - 1693:30,1728:17,1728:31,1792:4

view[22]-1702:10,1702:21,1714:28,

WAS[I]-1810:20wash [1] - 1770:28

washed[6]-1744:17,1756:11,1757:10,1783:12,1783:43,

1784:30Washed [1] - 1783:15WASHERS [1] -1756:24waste [1] -1754:4

wastefully [1] - 1727:24wasting [1] - 1755:42

water [10] - 1709:37,1736:39, 1736:41,1744:27,1746:41,1770:44,1773:30,1773:36,1773:40,1773:45

wave [2] -1714:26,1724:8wavelength [1] -1722:39

waves [1] - 1755:32weak [1] - 1713:44weather [4] - 1764:19,

1772:14,1772:33,1772:37

WEBSITE[I]-1786:20

website [2] - 1786:25,1786:38

WEDNESDAY [1]-

1810:21---------- WednesdaY[1]-1760:40

week [4]-1742:10,-------- 1742:33,1770:32,

1783:40weeks [5] - 1711 :4,

1740:11,1742:21,1781:19,1782:34

weight [1] -1698:47West[11]-1696:2,

1698:18,1703:17,1745:37,1759:14,1766:22,1772:11,1773:6,1787:42,1801:4,1801:17

west [4] - 1739:26,1745:36, 1780:2,1798:38

Western[14]-1710:12,1723:43,1750:39,1751:7,1758:12,1758:40,1759:38,1760:28,1773:26,1773:39,1778:37,1779:1,1781:18,1787:41

WESTERN [1] -1733:37western[1]-1723:10

whaler [6] - 1774:1,1774:6,1774:11,1774:14,1774:26,

1774:35whaler-type[1]-1774:1whatsoever [3] - 1738:25,

1742:11,1744:38Whereabouts [2] ­

1705:25, 1806:25whereas[1]-1722:18whispers [1] -1723:36

TRAN.026.0145 R

white[1]-1779:36Whittaker [10] - 1790:14,

1790:34,1791:10,1793:28,1794:14,1794:15,1794:31,1795:20,1795:35,1796:13

whole [10] -1698:23,1700:47,1708:25,1718:33,1721:38,1762:15,1783:23,1783:32,1788:34,

1806:1wide [1] - 1697:46widely [1] - 1786:26widened [1] - 1763:2

wider [2] - 1762:26,1762:28

wife [3] - 1694:21,1698:39, 1712:45

wild [1] -1748:22willingness [3] - 1791 :2,

1791:18,1795:13wind[6]-1755:31,

1798:24, 1798:27,1798:33,1798:35,1798:37

window[1] -1763:7Winter [1] - 1741 :29

wireless [2] - 1714:7,1718:17

wish [9] - 1727:32,1762:11,1781:4,1785:23,1785:24,1786:5,1786:14,1787:27,1795:36

wishes [1] -1786:26

WITH [3] -1703:32,1747:25,1756:24

WITHDREW[4] -1725:9,1733:31,1757:30,1786:43

WITHIN [1] - 1787:32

witness[3]-1740:17,1747:3,1810:8

WITNESS[9]-1725:9,1733:31,1750:13,1750:37,1756:27,1757:30,1784:45,1786:43,1790:4

witnessed [2] - 1712:22,

1753:40witnesses [2] -1725:13,

1742:35Wittwer[10]-1712:12,

1712:21,1712:30,1712:37,1713:3,1713:6,1748:18,1753:30,1754:15,

1754:28WITTWER[I]-1753:26Wittwer's [2] - 1712:25,

1754:6woman[3]-1738:45,

1739:12,1750:46wonder[4]-1714:8,

1716:39,1778:33,

Transcript produced by Merrill Legal Solutions

Page 146: COMMISSION OF INQUIRY INTO THE LOSS OF HMAS SYDNEY II … · 2009. 8. 2. · 21 interesting as there is nothing official on 22 the Cape Otway's invo1vement in the days 23 following

1804:38wondered [2] - 1708:43,

1762:16wonderful [2] - 1713:43,

1715:30wondering [2] -1709:2,

1709:7wood [6] -1756:4,

1756:21,1757:1,1759:30,1783:10,1783:18

WOOD[I]-1756:24word [7] - 1698:36,

1722:46, 1723:6,1771 :22, 1799:44,1800:7,1807:14

worded [2] - 1713:37,1807:9

wording [1] - 1721 :25

WOrdS[10]-1718:13,1720:22, 1735:37,1744:15,1767:5,1792:11,1800:3,1800:7,1807:4,1809:27

workers [1] - 1752:26workings [1] - 1803:21

works [1] -1712:15workshop [1] - 1694:18world [2] -1795:37,

1797:11worry [1] -1756:45worth [3] - 1696:3, 1697:3,

1755:46wound [1] - 1798:41wreCk[7]-1695:11,

1720:3,1744:16,1764:27,1771:25,1772:8, 1795:6

wreckage [1] - 1759:27wrecks [3] - 1720:6,

1789:8,1790:8write [1] -1738:29writing [7] - 1704:16,

1722:24, 1781 :21,1782:14,1786:10,1791 :36, 1795:34

written [22] -1703:8,1703:13,1703:16,1707:37, 1713:31,1718:45,1719:1,1722:28,1734:36,1734:37,1734:42,1738:13,1738:26,1741:4,1741:27,1741 :39, 1782:21,1789:16,1789:20,1791 :6, 1791 :26,1791 :45

wrote[25]-1695:10,

1698:10,1701:38,1702:1,1702:12,1721:16,1723:22,1735:16,1743:20,1748:33,1750:11,1753:31,1754:8,1760:6,1762:47,1763:22,1775:33,

1775:45,1782:26,1783:19,1784:28,1791:29,1791:34,1792:14,1795:20

WST[I]-1770:11

y

Yallabatharra [2]­

1783:41,1783:47year[4]-1732:34,

1747:46,1749:2,1755:41

yearS[35]-1698:4,

1698:6,1698:31,1700:25,1702:12,1713:22,1715:10,1715:11,1716:2,1729:12,1734:12,1734:15,1736:6,1738:12,1739:34,1740:15,1740:16,1740:27,1741:40,1744:28,1758:17,1758:37,1758:39,1775:33,1779:7,1784:23,1787:39,1793:30, 1794:8,1794:20,1796:1,1803:20

Yesterday[1]-1700:14

yesterday [12] - 1695:16,1699:4, 1700:20,1701:30,1701:40,1702:14,1703:12,1713:34,1714:14,1714:17,1717:3,1768:32

young [7] - 1694:43,1695:9,1695:14,1695:18,1702:23,1745:26,1774:17

younger[2]-1695:6,

1740:28yourself [2] - 1737:38,

1803:42

zZ/28 [1] -1776:47Zeewijk [1] -1764:14Zuytdorp[8]-1736:1,

1744:25,1749:40,1763:43,1763:44,1764:4, 1764:5, 1770:28

TRAN.026.0146 R

,3/2/09 (26) 28Transcripl produced by Merrill Legal Solulions