Ehime Maru and USS Greeneville Collision - Court of Inquiry Convenes

Court of Inquiry Convenes

In addition to the NTSB investigation, the USN also initiated their own investigation on 10 February. USN Admiral Charles Griffiths was assigned to direct the investigation. Griffiths' team completed a preliminary inquiry report and submitted it to Admiral Fargo on 16 February. The following day, Fargo announced that the USN would convene a court of inquiry, the USN's highest form of administrative hearing.

A USN court of inquiry is similar to a grand jury investigation in civil court. The court has subpoena power and provides legal safeguards for the affected parties, such as the right to be represented by counsel. The court is a military investigative process and as such has no judge. Instead, a panel of three admirals make up the court and make a report based on the evidence presented in the inquiry. Testimony and other evidence presented in the court can later be used in court-martial proceedings.

The inquiry panel into the accident consisted of Vice Admiral John B. Nathman and Rear Admirals Paul F. Sullivan and David M. Stone. At Fargo's invitation the Japan Maritime Self-Defense Force (JMSDF) sent Rear Admiral Isamu Ozawa to participate in the inquiry as a non-voting adviser. The three named "affected" parties of the inquiry were Waddle, Pfeifer, and Coen, who were present in the hearing room throughout the inquiry.

The court of inquiry began on 5 March 2001. Representing Waddle as counsel was Charles Gittins, who arrived in Hawaii on 4 March. Family members of the Ehime Maru victims were seated directly behind Waddle in the hearing room and throughout the inquiry frequently reacted very emotionally and vocally to evidence presented during the hearings.

The court called numerous witnesses, including Griffiths, Brandhuber, and Ōnishi. Ōnishi testified that large waves swept him overboard and far from his sinking ship, preventing him from assisting the rest of Ehime Maru's crew as they clung to the sinking ship. Afterwards, Waddle approached Ōnishi and apologized for the accident.

Waddle also apologized to several groups of Ehime Maru family members on 8 March and 16 March. One of them, Naoko Nakata, wife of one of the missing crewmembers, asked Waddle to "please tell the truth in court." Shortly thereafter, Waddle also apologized again during an interview with a Japanese television network.

Admiral Albert H. Konetzni testified during the inquiry that Waddle and his crew had rushed into Greeneville's final maneuvers without taking enough time to ensure that no other vessels were in the vicinity. In a statement that was widely reported in the media, Konetzni looked at Waddle and said, "I'd like to go over there and punch him for not taking more time."

Seacrest was given testimonial immunity in exchange for his testimony. Pfeifer and Coen submitted unsworn statements to the court and, therefore, did not have to face cross-examination.

Waddle requested immunity in exchange for his offer to testify, but Fargo denied the request, stating that Waddle's testimony was not "essential" in determining the facts of the case. In spite of the denial of immunity, Waddle elected to testify for the court. Waddle stated later that he felt he needed to testify because he had promised some of the Ehime Maru family members that he would do so, he had heard that Greeneville's crew expected him to, and he wanted to get his side of the story into the record.

After hearing testimony from 31 witnesses, the court completed its hearings on 20 March. None of the civilian DVs were asked to testify. The inquiry report was submitted to Fargo on 20 April.