In 1998 I appointed Iain Hutcheson to be our barrister during the court proceedings. I provided Iain Hutcheson large sums of money. I provided him our draft Briefs of Evidence 6 months before the court ordered date so that he had plenty of time to prepare and check them. Iain Hutcheson promised the court, the defendants and me on a number of occasions that he would get them filed. He did not and the court vacated our court case date. I took over the case and reached a settlement with defendants.
Approximately 1989 Ian Neeley (boat builder) and Craig Brebner listed Country Maid as Hull Construction: D/D (Double Diagonal), Builder: Neeley & Brebner and sold the vessel to me subject to survey. I had the vessel surveyed by Pope Marine Services (Pope), Harry Pope signed the survey report. The report stated that the hull had some areas of delamination the size of an orange and that injection was a remedy. Neeley was to bring the vessel up to survey. During surveys after I began court proceedings in 1998, Max Carter discovered areas that were supposed to be injected with epoxy pre purchase were not. Max discovered other areas not noted in the Pope survey that had been injected but were not properly bonded. I did not know at the time of purchase, I took Neeley & Brebner's word that everything had been repaired in a workmanship manner. I renamed the vessel to Jupeta II.
In March 1993 Jupeta II stranded on Bastion Reef in near calm conditions and a falling tide. Magna (Mortimer) Insurance Brokers (our insurance brokers) were advised. They arranged for Dunsford Marine - Bill Arthur to salvage the launch. My brothers in law and I had rigged a stern anchor and salvage lines to my brother in laws launch. The tide came in and we had Jupeta II clear of the reef before Bill Arthur arrived.
Bill Arthur claimed in an affidavit to the High Court approximately September 2002 during a hearing that: I was employed by a company known as Dunsford Marine Ltd. At the time of our (Bill's) arrival two light anchor warps had already been laid seawards from the stern and as their position would only hinder the attempt to turn the vessel head to sea I considered it prudent to clear them away. I believed that this statement proved that I had been ordered to release the lines holding Jupeta II off the reef. Up until this sworn statement I had no proof that Bill ordered me to release the lines. I later discovered that even though this document had been used in an attempt to sway the court, that this affidavit document had never been properly filed and Iain Hutcheson had not pointed this out to me or insisted it be properly filled in the court so that I could rely on this statement. In another document discovered during the Court proceedings, Dunsford Marine Ltd charged the Insurer (Sun Alliance Insurance, known later as Royal & Sun Alliance): To conducting a comprehensive survey of the damage sustained ... advising on the best method of repair ... ...
During the 1993 salvage, the weather was deteriorating and was later reported as winds of 35 knots and swells. Jupeta II was driven back onto the reef. Bill attached his rope to the bowsprit and had the vessel dragged around - I believe this strained the bow area and moved the keel. Bill's reports stated Jupeta II was pounded on the reef and that the engine had been knocked 3/4 (three quarters of an inch, 17mm) out of alignment. Bill arranged to slip Jupeta II at Orams Marine (Auckland) Ltd. Orams Marine initiated some repair work.
In 1998 I discovered rot. I transported the vessel to a boat builders yard. Areas of the bow were opened up for inspection. They discovered vast areas of decay and where epoxy had been injected in between the timber laminations. They explained this had not properly bonded the laminates and allowed water into the hull. I now understand that timbers that need to be bonded need to be properly prepared (refer to glue manufacturers instructions) so no one can properly prepare timbers sitting closely together like the laminations of an existing vessel.
I asked Pope to explain. I did not agree with the information being given to me by the repairers or Pope. I contacted Max Carter of Marine Design Ltd. Max is a qualified wooden boat builder and designer. My wife June and I are very grateful to Max and his wife Val for all their help. I personally recommend Max, he is an amazing knowledgeable person. Max performed many tests on Jupeta II and discovered a number of sheared frames in the area of the engine.
Reports by Max, GAB Robins, Adhesive Technology and others state that the hull and frames of Jupeta II were only approximately 20% bonded and that 20% area was suspect. We took core samples in areas noted in reports by the defendants as sound and the cores of the laminates fell apart.
Some of the injected epoxy had not made any improvement to the bond, some had no bond to the timbers at all. It was just sitting there like a sheet of plastic. Refer to epoxy manufacturers preparation instructions, they state the timbers must be prepared prior to attempting to bond. Areas between laminated timbers were not prepared - the old glue was preventing the epoxy penetrating the wood fibres. I would now be very suspect of any person who says they can properly re-bound laminated timbers without first dismantling and properly preparing the timber to accept the epoxy. To properly prepare the surfaces the old glue must be removed, this would entail removing each laminate to expose the surfaces required to be bonded.
We have hundreds of photographs and some sections of the Jupeta II have been kept. One section kept is the deadwood (keel) area. We have discovered, the thrust bearing frame had been slotted approximately 3/4 (approximately 17 millimetres). We have also discovered a wedge of timber under the propeller shaft, (we believe this was to overcome the new location of the engine, 3/4 out of alignment. I was advised that their repair would have been cheaper than a proper repair. A proper repair being uneconomic). We have discovered Jupeta II was not the shape the original designer intended it was measured as sagged around the engine area, injected epoxy that has failed to properly bond the laminates of timber. We have discovered what appears to be copper oxide set in the epoxy and a large number of brass screws. Orams Marine 1993 computer printouts for Jupeta II listed a quantity of brass screws. There are a large number of brass screws discovered along the keelson.
This coloured epoxy is visible along the keelson and planking areas. I have been told that this indicates the copper oxide came from the copper fastenings corroding and present when injection was performed. Max discovered injection holes around the sagged area and the strut locating the propeller shaft. Max also discovered the top and second lamination of the kelson has areas of decay. It sickened me to think my family trusted this vessel.
I have discovered that bolts used in the construction of the engine bearers have corroded and sheared. It was reported that we were lucky Jupeta II did not founder at sea.
During my investigations into the history of the vessel the Police and I discovered the vessel was originally built as a fishing vessel, the fisherman told me that he did not trust the hull and chopped off the cabin, left the exposed hull in a field for approximately four years, when he advertised it and sold it to a Maraetai person (Tailor). Approximately 4 years after being sold to Tailor, I was told that it was given to Roger Priest (Boat builder). Priest did some work on the hull then sold it to Neeley & Brebner.
The boat broker that arranged the sale of the vessel to us was called Bruce Pitcher of Ranger Marine. During the sale Pitcher told me that he was having his own boat built by Neeley. During the court proceedings Pitcher advised that he saw the hull arrive at Neeley's yard approximately 1986 so covered in slime that he could not tell the colour, the hull was outside the boat shed mainly unprotected for some time. He saw discoloured timbers and saw Neeley and Brebner removing planks that came of easily (not properly bonded). Neeley and Brebner extended the hull.
Approximately 1989 Neeley & Brebner completed the launch (including painting the interior) and advertised the vessel as NEW . They also listed it with Bruce Pitcher of Ranger Marine.
Approximately 2002 after Greg Tailor died his ex wife located and sent me some photographs of the hull. They showed the non bonded timber laminations, the decayed hull exposed to the elements. The original builder gave the Police some photographs of the fishing boat leaving their premises after being built. I gave some photographs to the Sunday Times, these were published 2002.
At a court hearing a settlement was reached with some defendants and I discontinued the court case.
Due to the risk to life if some person attempted to pass the vessel off to another and as the vessel Jupeta II was no longer needed for court, I had her destroyed.
People requiring information about the Jupeta II case (and the effectiveness of injected epoxy, negligence) or Iain Hutcheson Barrister are welcome to contact me. There are still a number of issues to sort through before I can release the full story.
I will add information as time and circumstances allow.
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