In a dramatic legal episode reminiscent of historic maritime disputes, an article from The Fiji Times detailed an incident on August 2, 1984, involving the Supreme Court of Fiji and the ship Komaiwai. During this event, former acting chief registrar Devendra Pathik took on the role of admiralty marshal and executed the arrest of the vessel in Walu Bay, following orders from Chief Justice Sir Timoci Tuivaga and accompanied by court bailiff Usman Ali.
This legal action emerged after local firms Industrial and Marine Engineering Ltd (IMEL) and Labour Pool Services filed separate writs against the ship’s owner, James B. Franklin, claiming a combined total of $36,778. IMEL sought $25,985, while Labour Pool Services requested $10,793 for maintenance and repair work done on the vessel.
At the time of the ship’s arrest, Mr. Franklin, a retired director from England, was present and presented his case to court officials, indicating his intent to resolve the matter legally. He highlighted that he purchased the Komaiwai for $110,000 at an auction later in 1984.
The conflict stemmed from repair work arranged by an Australian associate of Mr. Franklin while he was away from Fiji. Labour Pool Services was responsible for tasks like sandblasting and painting the hull, while IMEL handled additional repairs. However, issues arose when Labour Pool Services did not complete the work to satisfactory standards, leading to objections from nearby vessels and the Fiji Navy over safety issues.
Although Labour Pool Services billed for the full amount, inconsistencies regarding the quality and quantity of work carried out surfaced. Mr. Franklin disputed the high charges, notably questioning the $6,000 billed for paint, arguing that it couldn’t have been exclusively for underwater use.
Similarly, IMEL faced accusations of overcharging, with Mr. Franklin claiming inflated expenses for repairs, including $1,700 for using planks that were sourced from the ship itself. Having already invested around $100,000 in various repairs, Mr. Franklin’s plans to sail Komaiwai to Taiwan were complicated by these legal challenges. Nevertheless, he expressed a commitment to addressing the issue through legal channels, stating, “I was not planning on running away.”