The attorney for Cmdr. Scott Waddle told CNN that the former USS Greeneville skipper will not testify in the Navy court of inquiry currently under way at Pearl Harbor into the Greeneville's collision with the Japanese fishing vessel Ehime Maru.

Waddle's attorney, Charles Gittins, told CNN that because the Navy has deferred a decision on whether to grant Waddle testimonial immunity, he has decided that his client will not testify.

A U.S. Navy admiral who conducted the preliminary investigation into the collision said Tuesday that the senior officer on board the submarine during the collision should have spoken up about the number of guests that day.

Capt. Robert Brandhuber (pictured, right), chief of staff to U.S. Pacific Fleet submarine force commander Rear Adm. Albert Konetzni, was the escort for the 16 civilians who were taking an at-sea tour of the Greeneville Feb. 9. He was taking Konetzni's place that day.

Rear Adm. Charles Griffiths said that Brandhuber should have recognized that proper communications between the Greeneville's crew were being hampered by the number of guests on board and that the 80-second periscope search by the sub's skipper and executive officer was too short.

"He should have had a sense that corners were being cut," said Griffiths.

Griffiths told the three-admiral Court of Inquiry that while Brandhuber did not have the authority to override the skipper -- only admirals have that power -- he could have suggested changes in operations.

The Feb. 9 excursion happened to be Brandhuber's first opportunity to ride at sea with his son-in-law, who was an engineering officer on the Greeneville.

Griffiths, however, told the panel that he felt that civilians who were at vital control stations during the collision were not a factor. Businessman John Hall was at the ballast-control panel and sportswriter Jack Clary was at one of the two helm positions.

"My professional judgment is that they had zero impact," Griffiths said.

Upon further examination of the overall role of civilians in the collision, Griffiths said that despite being 45 minutes behind schedule, that should have made little difference.

"They had the ability to change that time and make it later at very little cost," Griffiths said.

However, Griffiths said that the Greeneville skipper, Cmdr. Scott Waddle, appeared to be intent on returning the submarine to Pearl Harbor at 2 p.m., the scheduled return time from the four-hour tour.

"On the captain's mind was the desire not to inconvenience the guests, who probably had plans," according to Griffiths.

The panel also questioned whether the emergency surfacing which happened at the time of the crash was done only for the civilians benefit.

Griffiths said that such maneuvers for the benefit of civilians is something that military top brass discouraged. "This is an exception to the rule," Griffiths said.

Records indicated that seven of the submarine's sonar men were left on shore the day of the tragedy. The panel asked if the fact that only one experienced sonar worker and a trainee were left on board had an affect on the situation.

"There may have been some missing ingredients," Griffiths told the panel.

Waddle's Command Style

During his testimony, Griffiths theorized why senior members of the Greeneville crew would not have expressed concern about the number of civilians and their presence possibly keeping some of them from doing their jobs.

Griffiths portrayed Waddle as a highly respected, hands-on commander.

"He is very directive, directly involved, explicit and frequently personally involved," Griffiths said of Waddle's style of command.

Griffiths said that while the crew was not afraid to speak their minds, they held him in such high regard that they were willing to trust Waddle's judgment and overlook perceived problems.

Court-Martial For Waddle?

Honolulu attorney Earle Partington, a former Army Reserve attorney and veteran of dozens of courts-martial, told KITV4 News that if the evidence presented so far turns out to be true, Waddle should face a court-martial proceeding.

"A court-martial for Waddle is inevitable," Partington said. "All of these things put together should have lit up red lights and he should have said 'Wait a minute, we've got to put more time in.' In fact, it was the exact opposite."

Bad Record-Keeping

According to Griffiths, several key records from the Greeneville were unavailable to him during his investigation. He said that the crew failed to keep complete records which led to "weakness in helping me to reconstruct events."

• There was no entries on the Contact Evaluation Plot for the hour before the collision. The CEP is used by the fire-control technician to manually plot surface traffic.
• There was no acoustic sonar work tape for the period leading up to the collision.
• Griffiths was unable to obtain what is called a "watchbill" for the Feb. 9 mission. Watchbills list crew assignments for a particular mission.

Greeneville Tour

The panel of officers overseeing the inquiry spent Tuesday morning touring the USS Greeneville, which rammed into the Japanese fishing ship the Ehime Maru Feb. 9. The Navy's court of inquiry made the trip in a bid to understand the role that crowding in the control room may have played in the collision.

Former Greeneville commanding officer, Cmdr. Scott Waddle, went on the tour despite being offered the opportunity not to take part.

"He has to show a diligent defense," former military attorney Jay Fidell said. "He has to be there, he has to watch everything."

Wednesday Morning Testimony

Griffiths is scheduled to return for more testimony Wednesday morning. He has yet to be cross-examined by any of the six attorneys representing Waddle, executive officer Lt. Cmdr. Gerald Pfeifer and officer of the deck Lt. j.g. Michael Coen.

Previous Stories:

• March 6, 2001: Court Of Inquiry Looks For Answers
• March 3, 2001: Sub Skipper Wants Immunity
• March 2, 2001: Ehime Maru School Students Graduate
• March 1, 2001: Waddle: 'Part Of Me Died' In Collision
• March 1, 2001: Carlisle, Donohue Among Sub Guests
• February 27, 2001: Japan: Bush Considering Salvage Of Sunken Ship
• February 26, 2001: Waddle Has 'Sincere Regret' About Collision
• February 25, 2001: Sub Investigation Could Widen
• February 22, 2001: Navy Court Of Inquiry Could Be Delayed
• February 20, 2001: Navy Likely To Raise Ehime Maru
• February 20, 2001: Sub Mishap Survivors Still Haunted
• February 19, 2001: Sucess Of Raising Ehime Maru 'Questionable'
• February 19, 2001: Robot Sub Hauled Out For Repairs
• February 19, 2001: Tennessee Town Supports Sub Crew
• February 16, 2001: Search Continues While NTSB Interviews Sub Crew
• February 15, 2001: Police Warn Of Sub Victim Fund Scam
• February 15, 2001: Japanese Outraged Over Sub Revelation
• February 15, 2001: Two Island Residents On Greeneville
• February 15, 2001: Help Identify The Civilians On The Sub
• February 14, 2001: Sub Captain Could Face Criminal Inquiry
• February 13, 2001: OHA Responds To State Audit
• February 13, 2001: Ehime Maru Crew Describes Disaster
• February 12, 2001: Bush Offers Prayer For Sub Victims
• February 12, 2001: NTSB Begins Sub Collision Probe
• February 11, 2001: Ehime Maru Captain Speaks
• February 10, 2001: Sub Commander Reassigned As Search Continues
• February 9, 2001: Sub Collided During Emergency Maneuver