Families of missing ask sub skipper to not seek immunity

In this story: Skipper's lawyer disputes plea bargain claim Waddle meets with families RELATED STORIES, SITES

By Martin Savidge
CNN Correspondent

HONOLULU, Hawaii (CNN) -- Families of some of the Japanese missing since their research trawler was hit by a U.S. nuclear submarine last month have asked the sub's former skipper to not seek testimonial immunity in the Navy's court of inquiry.

In a statement issued Saturday by Japan's consulate general in Honolulu, the families asked Cmdr. Scott Waddle to explain what happened without immunity.

The statement released by the consulate detailed a meeting Friday between Waddle and the families of the missing and presumed dead,

Waddle responded that he intended to submit written testimony Monday "and that he would make the best efforts to speak at the earliest occasion," the Japanese consulate's statement said. "He also said that he would address all questions without plea bargain."

Nine people, including four teen-agers on an expedition to learn commercial fishing, are missing and presumed dead from the February 9 collision, which occurred in the Pacific Ocean 10 miles off the coast of Hawaii. Rescuers pulled 26 other Ehime Maru passengers and crew from the ocean.

The U.S. Navy began a court of inquiry in early March to learn the facts surrounding the accident. The court of inquiry will make recommendations on Waddle, Lt. j.g. Michael Coen, and another officer aboard the USS Greeneville, Lt. Cmdr. Gerald Pfeifer. The officers could face no punishment or anything from a reprimand or discharge to courts-martial.

The court will forward their recommendations to Adm. Thomas Fargo, of the U.S. Pacific Fleet, for final action.

Skipper's lawyer disputes plea bargain claim

Asked about the reference to a plea bargain made by the Japanese consulate, Waddle's lawyer Charles Gittins responded in an e-mail to CNN, "I am sure that he [Waddle] answered yes to a bunch of garbled questions put to him by the families in order to be accommodating."

Gittins also disputed the statement that Waddle would submit written testimony Monday.

"There is nothing that we plan to submit to the court of inquiry on Monday nor does plea bargain have anything to do with this case," Gittins wrote. "Beyond that, Cmdr. Waddle will continue to respect the privacy of the families and have no comment on his meeting with them, other than to acknowledge that it happened, even as other third parties may choose to publish press releases and spin it as they choose."

Earlier this week, Gittins had said Waddle, who was relieved of his command of the Greeneville the day after the accident, said his client would not testify in the court of inquiry without testimonial immunity, since he could wind up facing a court-martial.

"Waddle's testimony is clearly necessary to the court in determining all of the relevant facts and circumstances bearing on the collision," wrote Gittins in a request to the court of inquiry seeking testimonial immunity.

Without such a guarantee of protection, Gittins said, "I cannot permit him to testify in this court of inquiry."

Waddle meets with families

Waddle met for about 40 minutes Friday and "expressed his apologies to the families of the missing people" who had arrived in Honolulu, the Japanese consulate's statement said. Waddle apologized to other family members of the victims several days ago.

The meeting took place inside the building where a court of inquiry is under way to determine the cause of the accident.

Among those in attendance in the Friday meeting was Yoshio Mochizuki, Japan's parliamentary secretary.

"Commander Waddle talked to each member of the families and expressed his apologies," the statement said. "He said that he was truly sorry and that he was accountable and responsible for this accident."

Naoko Nakata, the wife of Jun Nakata, one of the missing who was a teacher aboard the trawler, handed a letter to Waddle detailing the impact of the loss of her husband on the Nakata family, and asked him to make suggestions to ensure no similar accidents would occur.

Waddle responded, "I will," according to the statement. He also said he would work to prevent the reoccurrence of such accidents not just off the coast Hawaii, but around the world, "regardless of nationality."

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U.S. Coast Guard
Japanese Prime Minister
CINCPACFLT :: USS Greeneville (SSN 772) incident
City of Uwajima's memorial site
U.S. Navy
 • CINCPACFLT statement on the USS Greeneville incident
 • Commander Submarine Force, U.S. Pacific Fleet
 • USS Greeneville
National Transportation Safety Board

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