Barry Young Prevaricates In Cross Examination
He eventually concedes that Bolton has a transit from the tall Sentinel building over the reef of the Western headland of Rangitoto but unprofessionally will not accept that a position line from Sky Tower intercepting that transit will give an accurate fix of location. He wants a 2nd transit to do the intercepting. This suggestion is nonsense to a navigator who knows that a Transit, intercepted by a bearing from an identifiable feature such as the Sky Tower, does give an accurate fix.
When Bolton explains that he does have a transit from Sky Tower projected beside the Browns Island Light, Barry Young comes up with the most ridiculous excuse that Browns Light & Browns Island can’t be seen in Photo 1. This might fool Judge Davis who admits to having no knowledge of the area but to any Auckland boater , it is axiomatic that if Sky Tower appears at that angle , North Head must be between Sky tower & Takapuna, therefore what is obscured by the window frames of Seaway’s wheelhouse is easily deduced.
Judge Davis interjects – “Mr Bolton, the 1st thing, if you’re going to convince me of any of this, is you better actually have this witness agree with you that Browns Island is obscured by the windscreen… Mr Bolton, it is your assertion that Browns Island is obscured by the windscreen, I don’t know yet that Mr Young agrees with you ”
Bolton asks Barry Young – “Could you just agree that if that’s where North Head & Browns Light is obscured, we’ve got Sky tower coming down here, then Brown’s Island has to be here?”
Barry Young is an Auckland boater familiar with the area & knows very well that Bolton is right in his deductions which any navigator would support. It suggests that M Pigneguy purposely took his photo 1 obscuring Browns Island & Light to cause this very uncertainty in the thinking of a non nautical city Judge Davis & Barry Young is exploiting this matter as a Hired Gun rather than being a help to the Court.
Barry Young says – “No, because we can’t see where Browns Island light is on that Photo either. There are 2 missing bits from that photo & that is why we haven’t used them, is the light is missing, Browns Island light. we can- it may or may not be behind that window frame. And the other point that’s missing is Browns Island itself. We can’t use them as a transit unless we can positively identify them on the photos.”
Bolton shows Barry Young a photo without the windscreen in the way, showing Sky Tower, North Head, Browns Island & Browns Light without obstruction.
Judge Davis interjects again – “When was that photo taken Mr Bolton, please?”
Being unfamiliar, Judge Davis doesn’t realize that the time this photo was taken is of no consequence, Browns Island, Sky Tower, North Head & Browns Light don’t change location but when Bolton says it was taken shortly after the incident, Judge Davis says – “ So that’s not the ferry photos at all? … Mr Bolton, I’ll help you this much. I don’t accept that this witness agrees that Browns Island is obscured by the windscreen, Even to me, who is not a nautical person, that photo could just about have been taken anywhere on the Hauraki Gulf, at any time from any distance with any zoom.”
Bolton – “I think this is then a crucial point.”
Judge Davis – “It is not a crucial point. Well, it may be be a crucial point but it is not advancing your case 1 millimetre or 1 nautical mile.”
This shows the likely reason Maritime New Zealand took this nautical case to a city District Court instead of putting it before the appropriate TAIC – Transport Accident Investigation Commission which would know these navigational points
Barry Young himself could follow a transit until a feature such as Sky Tower appears with same bearing as in Photo 1 & lay it off on a chart to fix a location which would then clearly identify where Browns Island & Light would be – equally clear would be the bearing from Sky Tower coming between Browns Island & Light – there’s no alternative or possibility.