Mark Davies, Crown Law, Meredith Connell, Auckland Continues …
asking Barry Young, the purported Expert Witness aka Hired gun for Maritime New Zealand
“Can you look at Photo 1 please. Which is the give-way vessel & which is the stand-on vessel & why?”
This how Mark Davies is milking the public purse by asking questions he knows nothing about but is doing as instructed by Maritime New Zealand & Ian Howden in particular, who regardless of all the evidence that Bolton is not guilty has hood winked Wellington Maritime New Zealand into proceeding with an unwarranted prosecution.
When Photo 1 is studied by an unbiased observer, several critical points appear
1: Classique has in the background the white cliffs South of Takapuna
2: This where the course of 286 degrees True would have Seaway heading.
3: Seaway is heading at 292 degrees & above the tall Sentinal building already.
4: If Seaway had been on 286 degrees in Photo 1, Classique would have appeared in the centre of Seaway’s ramp.
5: As it is, Classique is on the port bow of Seaway, inside the beam width – to all intents & purposes she is ahead of Seaway.
6: The distance of separation between Seaway & Classique is .5 nmile
7: The total beam of Seaway is 10 or 12 mtrs & Classique is already inside that.
8: .5 nmiles = 925 mtrs
9: Seaway is travelling twice the speed of Classique
10: In the time Seaway covers 925 mtrs, Classique will cover 467 mtrs.
11: By the time Seaway reaches where Classique appears in Photo 1, Classique will be over to the starboard side of Seaway with clearance of about 457 mtrs, providing Seaway steers a straight course.
Barry Young (Expert witness or Hired Gun) prevaricates in answering Crown Law Mark Davies & misleads Judge Davis who’s nautically unknowledgeable – “The vessel with the large mast, Classique, in that case, the one that is ahead of & to the port of the ferry is the give-way vessel & the ferry is the stand-on vessel.”
Barry Young himself states Classique is ahead of Seaway but by saying Classique is to the port side is misleading the Court – Classique is within the port beam measurement & certainly not on the port side if it’s realized Seaway has already turned 6 degrees above its purported course of 286 degrees. So there is no stand-on / give-way vessel situation but each is obliged to keep course & speed.
Crown Law, Mark Davies belabours the point by continuing to ask Barry Young –
“Again, I don’t want to labour the point but why is Classique the give-way vessel?”
Barry Young seems more intent on serving as a Hired Gun for Maritime New Zealand than helping the Court discern the facts of the case when he replies –
“Because Classique clearly has the ferry on its starboard side & it has been established during the evidence that there was risk of collision because the relative bearings were not appreciably changing between the vessels.”
The only clear thing from Classique’s view point is that Seaway is practically ahead & as far as Seaway’s relative bearing ‘not appreciably changing’ goes, that’s because Seaway is turning towards the path of Classique, thereby bringing the relative bearing up at the same time – a known failing of using such an unreliable method to determine risk of collision but not admitted by Barry Young who as the “Expert” witness is making a poor showing already.