AN American millionaire who owns the wreck of the ill fated liner Lusitania, which was torpedoed by a German submarine in 1915, told the High Court yesterday that the British authorities bad admitted two years ago that munitions were present on board the vessel.
Mr F. Gregg Bemis jnr, of Santa e, New Mexico, was granted a declaration by Mr Justice Barr that he was the sole owner of the wreck. The State, though not opposing that claim, will be contending in the courts that it owns the go and especially any pictures belonging to the late Sir Hugh Lane's collection which might be on board.
The Lusitania was sunk by a German U boat in 1915 about 11 miles off the Old Head of Kinsale, Co Cork. The vessel lies in 315 feet of water. Of the 1,959 passengers and crew, more than 1,200 were drowned.
English and US courts have already decided the former Cunard luxury liner is owned by Mr semis. He is currently appealing a court's decision refusing him ownership of the cargo.
Sir Hugh Lane was a passenger on the liner, returning from a purchasing expedition in the United States with a case of paintings. Although these may have been destroyed, it is also possible they were stored in protective lead cylinders and may have survived.
Sir Hugh made a number of be guests of valuable paintings, and the National Gallery is the residuary legatee of his will.
Giving evidence yesterday in support of his claim, Mr Bemis referred to a letter from the British Treasury Solicitor of October 13th, 1994, in which, he claimed it was admitted there were munitions on board.
Mr Bemis said the letter had been sent to Davey and Associates in Norfolk, Virginia, representing Fifty Fathoms, a group of four US divers challenging his ownership who had dived that summer (1994) and had pillaged the ship.
The letter, signed "pp David Stalker, for the Treasury Solicitor", stated. "I regret to say that my records in relation to the Lusitania are not as clear as might be but I can tell you that she carried a cargo owned by the Ministry of Munitions in which this office has an interest, by virtue of the Ministry of Munitions Cessation Order of 1921 which transferred the interests of the Ministry of Munitions to the Treasury Solicitor.
"Being Crown cargo, the MOM cargo was not insured and remains the property of the Treasury Solicitor.
"I have just acquired a report of the proceedings in camera at the formal investigation into the circumstances attending the foundering on May 7th, 1915, which I will need to read to ascertain whether or not they can shed any further light as to the cargo carried."
Mr Bemis said he had great concern about the wreck. They had been invited by the State a year ago to establish ownership so that in turn it (the State) would be able to protect it. This had not yet been done. Legislation was in place which provided that people must get his permission to dive.
While there had been well publicised dives without his permission, the State had not chosen to take any action.
Mr Bemis said that dives had taken place in the last year or two involving two groups, one led by a British citizen, Ms Holly Tapson, and the other by an Irish diver, Mr Des Quigley, with whom he had been working.
Ms Tapson had dived in 1994 and 1995, supposedly under licence of Mr Paddy O'Sullivan. The licences did not have any qualifications and did not include his (Mr Bemis's) permission. There had been no control. He knew material had been removed.
Mr Bemis said the wreck had a political significance for Irish people, who had tried to save as many lives as they could. It was his objective to be able to offer artifacts to museums in Cork and Kinsale and mount a travelling exhibition.
Mr Justice Barr, granting the declaration of ownership, said he was satisfied Mr Bemis was the sole and exclusive owner of the the rights, title and interest in the Lusitania, the hull, tackle, appurtances, engines and apparel.
The judge said Mr Bemis also claimed ownership of the cargo and personal effects of the passengers and crew, and this had been adjourned for hearing to a later date.