Mark Davies, Crown Law Sets Up Hired Gun, Barry Young
by posing another question which misconstrues the reality of the situation created by M Pigneguy as Seaway was negligently steered towards Classique.
“…just to finalize this part of your evidence, given your experience, given that we’ve heard about the number of other vessels in the vicinity & what you can see in those photos, the crossing situation that we can see in Photo 3, was that something that in your opinion caused unnecessary danger & was it unavoidable?”
Mark Davies is maintaining that Classique caused avoidable danger in spite of the evidence that Bolton was not guilty but Barry Young answers with complicity –
“As soon as the give-way vessel fails to take early & substantial action, it then puts both vessels in a degree of jeopardy & risk & the longer they fail to take that action the increase in the risk & it therefore means that the stand-on vessel has to take some action & that has to be delayed because at first, the stand-on vessel has to maintain course & speed, so by delaying the action that can be taken it definitely puts both vessels at risk.”
This spiel has no application in the situation seen in the photos – it is a misleading expression of a theoretical scenario Mark Davies wants Judge Davis to hear for the purpose of prosecuting Bolton but in this case …
1: Classique was not a give-way vessel & Seaway was not a stand-on vessel.
2: Classique had no other obligation other than to continue its course & speed.
3: Seaway’s error was to delay rectification of its steering towards the path of Classique – that being for the purpose of taking a Photo of close quarters.
Mark Davies continues to set up Hired Gun Barry Young –
“There has been some suggestion that the ferry should have or could have altered course to port. Do you have any comment on that?”
Again with complicity, Barry Young answers – “In the rules it clearly says that the stand-on vessel must not alter course to port. The reason for preventing the stand-on vessel from turning to port to avoid a close quarter situation is that the give-way vessel is free at any stage to turn to starboard & if the ferry had turned to port at the last minute & Classique had turned to starboard, then there would have been a collision”
(A): Bolton had stated earlier that the ro/ro ferries from Waiheke turned around Browns Island on their Regular Run to Auckland. This had been correctly, part of his risk assessment – Seaway was entitled to turn to port as part of its Regular Run & obliged to keep a straight course until then.
(B): Seaway failed to keep a straight course in lieu of turning to port.
(C): Increasingly Classique was ahead of Seaway such that she would not be turning to starboard for that reason as well as having the expectation that Seaway would at any time begin turning to port on its Regular Run.
(D): It is unprofessionally devious for Barry Young to suggest that Classique, not being a give-way vessel might turn starboard from its position ahead of Seaway, as Seaway which wasn’t a stand-on vessel was entirely free to turn to port when it chose to.
Farwell in his “Rules Of The Nautical Road” authoritatively covers 2 points misinterpreted by both Mark Davies on behalf of Maritime New Zealand & Barry Young in his apparent role as Hired Gun for Maritime New Zealand.
1: “If at any time, two vessels, not end on, are seen keeping the course to be expected with regard to them respectively, they are not crossing with risk of collision if the course which is reasonably to be attributed to either vessel would keep one clear of the other.” (Seaway ok if steering a 286deg course)
2: “ The question therefore always turns on the reasonable inference to be drawn as to a vessel’s future course from her position at a particular moment & this greatly depends on the nature of the locality where one is at the moment.”
Farwell’s Rules Of the Nautical Road” can be viewed by clicking here –
Farwell’s Rules of the Nautical Road