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Ruby Princess sets sail as more surprises come to light

From limited precautionary measures, no border force presence and a surprise decision, the Ruby Princess’ hotel manager delivered some more astounding news.

user iconNaomi Neilson 24 April 2020 Big Law
Ruby Princess
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On the second day of the special commission hearings into why the Ruby Princess was permitted to dock and disembark in Sydney, hotel manager Charles Verwall confirmed he was “surprised” at the decisions by authorities to allow passengers to wander into the city.

The decision is being investigated by Shine Lawyers to determine if there is potential for class actions to hold owner and operator Carnival Corporation accountable for its failure to protect passengers. According to Mr Verwall, NSW Health may also be at fault.

“You understood there was an unexpected, real possibility that, unfortunately, someone, or more, passengers may have [COVID-19]?” commissioner Bret Walker asked.

Mr Verwall, by an unstable video link as part of COVID-19 precautionary measures by the court, responded: “That is correct and that is why we were surprised that NSW Health did [not come onboard the ship the morning of the disembarkment].”

More than 2,700 people disembarked the ship and into Sydney before COVID-19 results for passengers displaying symptoms had returned. Mr Verwall and Dr Ilse Von Watzdorf said they were surprised passengers were not screened, like they were in New Zealand.

The Ruby Princess made no alternate plans for entertainment onboard the ship, with Mr Verwall confirming dancing, movie theatres and nightclubs resumed as normal. The ship did not implement precautions, including social distancing precautions, he confirmed.

In an email exchange shown before the special commission, NSW Health explained they were not going to enter the ship and to proceed with the disembarkment.

As of Thursday, around one in 10 cases of coronavirus in Australia could be linked back to the Ruby Princess fiasco. Of the 75 people who have died, 21 of those were from the ship or had some connection to a passenger onboard for the New Zealand journey.

Mr Verwall told the inquiry the guests were given a brochure from the federal government detailing precautionary measures for COVID-19, prior to disembarking the ship. He said guests were then ordered by numbered groups to leave, the last being infected.

Mr Walker then asked if Mr Verwall recalled seeing any members of the Australian Border Force (ABF) present to control the crowds and ensure use of social distancing measures.

It comes after news reports that an ABF officer told a Sydney harbour master to allow the ship to dock, despite 140 passengers displaying symptoms. According to Mr Verwall, the officers were nowhere to be seen for the guests, despite the Border Force commissioner insisting they were responsible for checking for contraband and looking at visas.

“Does it follow then, so far as you recall, there was, for example, nothing done to check passports? Is that right?” Mr Walker put to him during the inquiry.

“I saw border patrol force at the end of the terminal when guests were ending, but [it was] for when the crew was leaving. I was in the terminal several times – maybe two or three times – and I did not observe any control at that time,” Mr Verwall said.

Chief medical officer says mistakes were ‘clearly’ made
Running simultaneously with the Ruby Princess fiasco, the COVID-19 Senate committee questioned chief medical officer Brendan Murphy about the outbreak. Near the end of his evidence, Mr Murphy accepted there were issues with the handling of the cruise ship.

Mr Murphy first distanced himself from the decision-making, telling the committee that he was not “directly involved”. He then defended NSW Health for their decisions.

“It had only been to New Zealand and back, and New Zealand was not a high-risk country. I think everyone was surprised there had been a significant COVID-19 outbreak onboard. On first principles, it was not a high-risk vessel,” Mr Murphy told the committee.

He also told the committee that authorities, including NSW Health, carried out a training exercise in May last year for a cruise ship arriving into Sydney with a pandemic onboard.

Mr Murphy did offer a statement of regret: “In retrospect there were some decisions that were made that everyone regrets… Clearly, there were mistakes made. Everyone was doing their best in tricky and tense times. Let’s not blame anybody but wait and see.”

Bret Walker blasts media for false reports
Before beginning of the second day of the Ruby Princess inquiry, Mr Walker addressed the media for reports that suggested the special commission hearings were hidden from the public and further reports that suggested this was a fault from the government.

“I reject that suggestion completely,” Mr Walker said on Thursday morning, adding urgent and prompt action was taken as needed. “It seems to be on a mistaken premise.”

In a statement, Mr Walker explained the reason for the late notice of the commencement in the hearings and the lack of “fanfare” about them was due to “neither I nor any member of the special commission staff knew the hearings were going to go ahead until late”.

“This was because of the obvious difficulties in serving summons on potential witnesses in circumstances of urgency when they are on a cruise ship and in effect in lockdown,” he said.

Mr Walker also takes sole responsibility of the decision to convene the hearings this week and that it is his sole focus to ensure the summons and preparing of the hearings.

He also shifted the blame away from the government, as some reports suggested.

“This special commission of inquiry is entirely independent of government,” he said.

“None of the matters that I have [described] – including what the notice of the special commission was capable of giving to the public about the urgent hearings this week – have anything to do with any minister of the NSW government, much less the premier.”

Naomi Neilson

Naomi Neilson

Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly. 

You can email Naomi at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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