In Cross-examination Barry Young Prevaricates
Bolton perseveres in describing to Barry Young how he can see very clearly on an enlarged Photo 1, all the buildings from Sky Tower to the Tank Farm & at the location where Westhaven & the Harbour Bridge would be, the view is obscured by the thick vertical frame of Seaway’s windscreen. North Head would be the next feature to see but that is also obscured. The next visible shore line is that North of North Head, Cheltenham beach & Narrow Neck area getting closer to Takapuna.
Barry Young continues to unprofessionally resist a reasonable navigational study of Photo 1 & a Chart of the area – “Mr Bolton, there are 3 objects there. There’s the wide window frame itself. to the right of that, there’s a narrower frame & then there are the windscreen wipers & Browns Island Light is such a small, tall object that it could be behind any one of those 3, or it could, in fact, be out of the picture, so I just wasn’t comfortable with using it as a transit when its not in the evidence that’s being presented … It depends on where we are on that 1st transit line, Mr Bolton. The 1st one that we talked about.”
This excuse is not valid especially coming from a purported Expert, who is an Auckland boater familiar with the territory & says he has been out personally to view the area with the all the information M Pigneguy provided in his chart as well as the plotting details Bolton had given him in the months prior to his appearance in Court.
Barry Young would know that if he’s coming down the transit line towards the Latitude & Longitude M Pigneguy marked as the point of incident, he won’t see Sky Tower at all until he’s past Browns Island & then it appears at an angle very close to that seen in Photo 1. When the angle equals that seen in Photo 1, that is where Photo 1 was taken from. He can take a look at Browns Light & see it is in line with North Head. Therefore if North Head is obscured by the widest window frame, so is Browns Light. All the coast appearing up to & past the narrower frame & the wipers, is that which is identifiable as being past North Head & towards Takapuna.
Eventually Barry Young admits that Browns Island has to be to the South side of Sky Tower & therefore off the left side of Photo 1 but he won’t accept that Browns Island has no option but to be close to the left side of Photo 1 & therefore Browns Light has to be close to the left side of the widest window frame – Sky Tower is seen through that gap & if he had laid off a bearing from Sky Tower on a chart, Barry Young would see how it can be nowhere else.
Like an incapable thick head Barry Young can only repeat – “In order to get a fix, we need a second position line & 1 of the objects that you are talking about does not appear on the photo, so we can’t use it.”
Judge Davis becomes impatient & indicates that Barry Young is not accepting Bolton’s “science.” Judge Davis was assured by Bolton that it’s perfectly logical & navigationally acceptable to take that transit line & bearing from Sky Tower, through the gap, to intersect the transit from the Sentinel building to determine the location of the taking of Photo 1. Due to the intransigence of Barry Young, there’s nothing to be achieved regarding this navigational exercise for the Court’s benefit so it’s time to move on. In Cross-examination Barry Young Prevaricates