Barry Young aka Hired Gun for Maritime New Zealand –
disregards his Code of Conduct as Expert Witness & continues to play along with Mark Davies, Crown Law who’s setting him up to misinterpret Photo 3.
Barry Young is asked – “What is this a photo of?” to which he gives most of the required answer – “It’s a clear photo that Classique has crossed ahead of the bow of the ferry & it appears now to be clear on the starboard side of the ferry at that stage.” but Mark Davies is wanting more – “So I take it from your answer that it shows a crossing situation.” Barry Young says – “Yes it’s the end phase of a crossing situation.”
There’s nothing wrong with normal crossing situations, the majority of crossings are without risk of collision but they don’t suit Mark Davies’ intentions to make something of it even though he knows M Pigneguy zoomed Photo 3 to amplify the appearance of closer proximity than existed in reality on the day.
Mark Davies wants to involve Rule 22.15 to make it a crossing with risk of collision although this situation was manufactured by M Pigneguy.
Rule 22.15 – “When 2 power driven vessels are crossing so as to involve risk of collision, the vessel which has the other on its own starboard side must keep out of the way. The vessel required to keep out of the way must, if the circumstances of the case allow, avoid crossing ahead of the other vessel.”
Barry Young is deviously asked by Mark Davies – “So how does that photo 3 stand in relation to the requirement in Rule22.15? The final sentence of that Rule in particular?” To which he dutifully & erroneously replies – “The vessel Classique has failed to comply with the last sentence of Rule 22.15 because it has clearly crossed ahead of the ferry.”
The facts of the situation are ignored by both Barry Young & Mark Davies in their concerted effort to pull the wool over Judge Davis’ unwitting eyes .
In both Photo 1 & Photo 2, Classique is seen to be making a peaceful passage across to an anchorage at Sth West Motuihe, beginning at Nth Browns Island when Seaway was more that 2 nmiles away & said to be heading on a course initially of 284 Degrees T. Classique is ahead of Seaway in both Photos but has been thwarted in clearing Seaway easily before Photo 2 because of the incremental turning of Seaway towards the path of Classique.
Rule 22.15 did not apply when the crossing was at great distance from Seaway & not involving risk of collision. Rather than Classique being wrongly classified as a give-way vessel required to keep out of the way of Seaway, M Pigneguy violated Maritime Rules by invoking Rule 22.15 through his own negligent action – it was up to him to keep out of Classique’s way by steering a straight course especially if he thought he was a stand-on vessel but he had steered up from 284 degrees to 292 Degrees at Photo 1, 295 degrees at Photo 2 & 297 degrees at Photo 3. Barry Young aka Hired Gun & Mark Davies continue their charade …