Crown Law, Mark Davies Sets Stage for Barry Young, The Hired Gun,
“Can we just deal with the ferry for a moment & you’ve heard the evidence from its master, the Rule 22.17 is the rule that applies to a stand-on vessel.”
Barry Young agrees without also declaring that Seaway was not a stand-on vessel – Both Mark Davies & Barry Young are setting their devious stage.
Mark Davies asks Barry Young – “What is the obligation on the ferry as the stand-on vessel in the circumstances that we can see in Photos 1,2, & 3?”
Barry Young goes into a lengthy rigmarole of all the 4 Parts of Rule 22.17 which is “Action by stand-on vessel” He begins by saying “The first obligation of the stand-on vessel is to maintain course & speed & then having done that, once it becomes apparent to the stand-on vessel that the give-way vessel is not taking appropriate action to comply with its obligations, then it may take action to avoid collision by its maneuver alone but part B says that if it does this it must not alter course to port for a vessel on its port side. & then, in the 3rd part of that series of instructions, it says when, from any cause, the stand-on vessel finds itself so close that collision cannot be avoided by the action of the give-way vessel alone, it must take whatever action will best avoid collision.”
This description of Rule 22.17 is ok as far as that goes but to relate it to what is seen in Photos 1,2 & 3 is entirely misleading to an unwitting Judge Davis.
1: Those photos show that Seaway, if it regarded itself as a stand-on vessel failed to maintain its course & speed – by turning towards the path of Classique it failed to do that – Barry Young later admits that Seaway incrementally turned.
2: By inferring that Classique was a give-way vessel not taking appropriate action is contrary to what is seen in the 3 Photos – Classique being ahead of Seaway is not a give-way vessel & is correct in maintaining her course & speed.
3: The reference to a stand-on vessel not to alter course to port only applies when it has a vessel on its port side – not in these Photos with Classique ahead.
Mark Davies is getting the distortion of facts that he wants from Barry Young who is violating his Code of Conduct as Expert Witness swearing to be helpful to the Court by misconstruing what is readily visible in the 3 Photos.
So Mark Davies pushes for more misconstruing from Barry Young – “All right & do you have any comment, you’ve heard the evidence as to Seaway reducing speed& in fact attempting to stop, do you have any comment on the actions of Seaway as regard to that particular rule?”
Barry Young is selling his soul to Maritime New Zealand with his reply – “I believe that, taking into account the size of the vessel & the angle at which the 2 vessels were approaching, that the ferry had no other action but to use its engines to go astern. It was prevented from turning to port, it would’ve been dangerous for the ferry to turn to starboard & I think it’s very fortunate that the ferry has 4 large propellers & is very efficient at stopping in a fairly short distance.” This is contrary to how Barry Young had described Seaway in his Brief of Evidence given to Judge Davis – “Large, heavy vessels like Seaway can be difficult & slow to turn or to stop in an emergency.” It appears that Barry Young is willing to say whatever suits his purpose regardless of its honesty.
(A): M Pigneguy stated in his claim that at 80 mtrs off Classique he began his series of sound signals with an interval for Classique to respond, a further series of signals with no response before he thought about slowing down. These actions are not possible to have been accomplished in the 10 seconds available when he was travelling at 15.5 kts.
(B): Neither Bolton nor his crew saw Seaway slow down – it went past as fast as a ro/ro ferry would be expected to travel. Seaway did not sound the obligatory signal to indicate it was operating astern propulsion.
(C): Mark Davies & Barry Young are suggesting that Seaway was “attempting to stop” where-as M Pigneguy very definitely about 7 times during his evidence said he had “stopped” Seaway as much as “dead in the water” even though he had said in his claim that he’d only slowed Seaway. This is conflicting with the truth.
(D): Regardless of the size of Seaway, its maneuverability or the angle of approach, with Classique ahead, Seaway did have the option of turning to port as it was due to anyway after Browns Island & it had no need to slow down much less stop. Furthermore Seaway should not have been turning to starboard
Mark Davies & Barry Young are demonstrating their employment by Maritime New Zealand to prosecute Bolton who was not guilty & avoid any suggestion that M Pigneguy violated multiple Maritime Collision Regulations in creating his alleged incident.