When reading and transcribing documents from the Waratah inquiry, a pattern began to emerge that some affidavits sworn before appointed public notaries by crew members and passengers,they were in some cases coached as to how their affidavit should be written for presentation before the Court in order to favour the Waratah and her owners. This was not in the spirit of the law regarding affidavits which makes it quite clear that when a person makes an affidavit, it is, for himself or herself to give their own honest version in relation to the matter that is to be put before the inquiry. All depositions taken in Australia on behalf of the Board of Trade Solicitor in England, had to be sworn in accordance with the provisions of section 691 of The Merchant Shipping Act 1894.
The Board of Trade Solicitor Mr.R. Ellis Cuncliffe wrote to all Australian ports and Durban in South Africa giving the terms of reference for an inquiry and at the same time requesting affidavits from former passengers and crew members that could be located in Australia. The following letter illustrates what the B.O.T. Solicitor required when he wrote to the Registrar of Shipping in Adelaide dated the 1st of February 1910.
The following two affidavits shown are identical almost word for word it would appear that the normal process for obtaining depositions had clearly been breached by the Crown Solicitor.
Commonwealth Crown Solicitor Sir Charles Powers.
