Manslaughter Charge Against Two Seamen (Press, 6 May 1960)

Two seamen from the overseas freighter Whangaroa, Michael John Byrne, 33, and Owen John Kitts, 18, were jointly charged with the manslaughter of Roy Jackson at Napier on May 3, 1960. Their case was heard in the Napier Magistrate's Court on May 5, with crew members providing evidence as the ship was scheduled to depart the next day. Byrne was represented by Mr J. H. Zohrab, while Kitts was represented by Mr J.C.K. Fabian. Testimony began with Stuart John Allen, a steward, who recounted meeting Roy Jackson at a coffee bar during Anzac weekend and later seeing him onboard the Whangaroa on the evening prior to the incident. Allen noted that he heard raised voices coming from the gangway around 10:45 p.m. on May 3, and later learned that Jackson had fallen off the gangway. Under cross-examination, Allen suggested Jackson exhibited homosexual behaviour. The hearing included accounts from other crew members, including deckhand John Murdoch Morrison, who described Kitts attending a party in a crew cabin on the night of the incident. Morrison recounted a conversation where Jackson insulted another crew member and Byrne told Jackson to leave the ship. Morrison saw Byrne and Kitts leave the cabin shortly thereafter and later returned to claim Jackson had fallen off the gangway. Another witness, Roy Stanley Sandow, testified that he saw Byrne strike Jackson during a scuffle near the entrance to the deck, leading Jackson to ultimately fall off the gangway. Thomas Andrew Ramsay Tulloch, a seaman, claimed that Jackson had left the cabin willingly, while other seamen testified to witnessing Jackson being pushed towards the gangway. James Anthony Mouat, a deck boy, reported being on gangway duty and described seeing Jackson being half-pushed and protesting as Kitts struck him. He indicated that Jackson stumbled as he tried to grab the handrails before falling. Peter Oliver, another seaman, confirmed that he saw Jackson being forced off the ship by Byrne and Kitts and attempted to intervene but failed. The proceedings presented a picture of a chaotic scene that night, with various accounts illustrating a mixture of force, drunkenness, and the events leading to Jackson's fatal fall. As the hearing continued, the court sought to piece together the actions of the seamen and the circumstances surrounding Jackson's tragic death, which now hinged upon perceptions of their conduct before the moment of impact. Further witness testimonies were expected in subsequent hearings as the legal proceedings unfolded.

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