Cap. 234 Art. 315Procedure as to formal investigations.

(1) The court shall hold the formal investigation with the assistance of one or more assessors of nautical, engineering or other special skill or knowledge, to be appointed out of a list of persons for the time being approved by the Minister, in such manner and according to such regulations as may be prescribed by rules by the Minister under this Part of this Act with respect thereto: Provided that where an investigation involves or appears likely to involve any question as to the cancelling or suspension of the certificate of a master, mate or engineer, the court shall hold the investigation with the assistance of not less than two assessors having experience in the merchant service.

(2) Every formal investigation into a shipping casualty shall be conducted in such manner that if a charge is made against any person, that person shall have an opportunity of making a defence.

(3) Formal investigations shall be held in some public building or other suitable place not being a court ordinarily used as a police court, unless no other suitable place is, in the opinion of the court, available.

(4) Formal investigations may, whenever the court shall deem it expedient, be conducted in the English language, and any procès-or evidence written in that language may be inserted in the verbal record of the investigation as if it were written in Maltese.

(5) It shall be the duty of the person who has applied to the court to hold a formal investigation to superintend the management of the case and to render such assistance to the court as is in his power.

(6) The court, after hearing the case, shall make a report to the Minister containing a full statement of the case and of the opinion of the court thereon, accompanied by such report on, or extracts from, the evidence, and such observations as the court thinks fit.

(7) Each assessor shall either sign the report or state in writing to the Minister his dissent therefrom and the reasons for that dissent.

(8) The court may make such order as it thinks fit respecting the costs of the investigation, or any part thereof.

(9) The fees payable to the assessors shall be those prescribed by the Minister in the rules made under this Part of this Act with respect to formal investigations.