Records of the Royal Commission into the statement of Lieutenant Commander Cabban (Second Royal Commission into the loss of HMAS VOYAGER)

On 25 February 1964, the then Prime Minister of Australia, the Rt Hon Sir Robert Gordon Menzies formally reported to the House of Representatives on the collision of HMAS MELBOURNE and HMAS VOYAGER off Jervis Bay on 10 February 1964, and the establishment of a Royal Commission to investigate the tragedy. HMAS VOYAGER had been sunk with the loss of 82 lives ("Commonwealth of Australia Parliamentary Debates", House of Representative, 25th Parliament, 1st Session, 1st Period, p 30). The appointed Royal Commissioner was the Hon Sir John Armstrong Spicer, Chief Judge of the Commonwealth Industrial Court. His report was tabled in Parliament on 26 August 1964.

However, various matters relating to and arising from the original Commission came to a head again in 1967. Questions were asked in Parliament, and debated at length, concerning:

i) statements made by Lieutenant Commander P T Cabban in respect
of Captain D H Stevens, in command of HMAS VOYAGER at the time
of the collision;

ii) Captain Stevens' state of health;

iii) the shore posting and consequent resignation of Captain R J
Robertson, previously in command of HMAS MELBOURNE,
following the original inquiry;

iv) the nature of evidence given to the 1964 Royal Commission,
and whether information was withheld from it.

It was debatable whether such matters should be the subject of another Royal Commission, but its establishment was announced by the Rt Hon Harold Holt, then Prime Minister, on 18 May 1967. The appointed Royal Commissioners were:

The Hon Sir Stanley Charles Burbury, Chief Justice of the
Supreme Court of Tasmania;

The Hon Kenneth William Asprey, a Judge of the Supreme Court
of New South Wales;

The Hon Geoffrey Arthur George Lucas, a Judge of the
Supreme Court of Queensland.

The terms of reference were to inquire and report upon:

(1) Whether any of the allegations made by Lieutenant Commander P
T Cabban regarding the drinking habits and seamanship of Captain
D H Stevens were true and being true established that
Captain Stevens was unfit to retain command of HMAS VOYAGER

(2) If it is found in answer to question (1) that Captain Stevens
was unfit to retain command of HMAS VOYAGER:

i) Did the Naval Board know or ought they have known of
such unfitness to retain command and were they at fault
in failing to relieve him of command?

ii) Should the findings made in the report of the
Royal Commission relating to the loss of HMAS VOYAGER be
varied and, if so, in what respect?

(3) Whether the document containing the allegations disclosed
evidence which was available to counsel assisting the
Commission and was improperly withheld from the Royal
Commission.

("Commonwealth of Australia Parliamentary Debates, House of
Representative, 26th Parliament, 1st Session, 1st Period, pp
2438-2439). Hearings commenced on 13 June 1967 and concluded on 8 December 1967. The report was tabled in Parliament on 13 March 1968 by the then Prime Minister, the Rt Hon John Gorton, and ordered to be printed. It was debated at length on 2-3 April 1968 ("Commonwealth of Australia Parliamentary Debates", House of Representatives, 26th Parliament, 2nd Session, 1st Period, pp 32, 669 et seq).

The records in the present series were received into the Australian War Memorial in 1983, from the Department of Defence, having
originally been held in the Department of the Navy apparently for its own reference. The series comprises:

A. Transcripts of Proceedings - "bound" volumes, being Mr
Peter Murphy QC's copy

B. Transcripts of Proceedings - "unbound" issues
stamped "Administrative and Liaison Officer, Melbourne".
Included in the front of each daily transcript is a Royal
Commission Bulletin telegraphed variously to naval
institutions including the Naval Officers in Charge in each
state and Papua New Guinea, HMAS MELBOURNE, HMAS VAMPIRE,
HMAS DERWENT, HMAS SUPPLY, HMAS CERBERUS, HMAS YARRA, HMAS
STUART.

C. Exhibits - three large black folders including a list
of persons who served in HMAS VOYAGER from 1 January
1963, (Ships) Reports of Proceedings, personal
statements, documents relating to an HMAS VOYAGER refit
conference, photographs, charts, diagrams.

D. Miscellaneous Papers - the first item includes
Hansard extracts, a copy of Mr Samual Landau (permanent
head of the Department of the Navy)'s transcript of
evidence, a copy of Lieut-Cmdr Cabban's proof of evidence,
working papers and correspondence, and a copy of the index
to the transcripts. The second item includes statements
made by witnesses not called to give evidence.

E. Statements of Witnesses Heard

F. Index to Transcripts of Proceedings

G. Printed Paper - copy of Lieut-Cmdr Cabban's statements
as referred to in the Royal Commission's terms of reference
and printed in April 1967.

• AWM179 C1 - exhibits - Volume 1
• AWM179 C2 - Royal Commission into the statement of Lieutenant Commander Cabban: exhibits - Volume 2, Numbers 101-201 (10 May 1963 - 17 November 1967)
• AWM179 D2 - Witnesses not called