Barry Young Lacks Rectitude In Cross-examination
Bolton has described how Seaway was incrementally turning towards the path of Classique over the 2 nmiles as from Sth Motuihe including the distance covered within the 3 photos
Barry Young responds –“Yes, I agree with you that 1 of my main concerns was when you alleged that the ferry was turning to starboard, I went to considerable amount of trouble to, 1st of all, to ascertain whether it did turn to starboard at all & the answer, in my opinion is, yes it did move to starboard so the next thing was to determine how much it moved to starboard & the way I did it is entirely reliant on the information that you can see in photos 1, 2 & 3.
I worked out a scale on the photo of how much each degree a turn to starboard would be measured on the photo. I got a figure of so many millimeters represented 1 degree of course alteration& I drew that on photo1 & estimate that between Photos 1 & 3 the ferry turned 2.4 degrees to starboard. We don’t have any photos taken before that so I wasn’t able to get a figure for how much it had turned off the 286* but from the start when you were eyeballing each other at that stage from Photos 1 to 3, the ferry drift, in my estimation about 2 & a half degrees to starboard & the next thing that I had to decide was whether that was significant to this whole incident & my opinion is that a 2, 3 or even a 4 degree wander, 1 way or the other, as long as it wasn’t a deliberate turn which was obviously aimed to make things worse, that it would be quite reasonable for any larger vessel to yaw or meander those sorts of figures.”
Analysis of Barry Young’s methodology & Statements
1: Yes, Seaway did turn to Starboard
2: To rely on only what’s seen in the 3 Photos which just cover the last half nmile is to disregard the entire distance of more than 2 nmiles as from sth Motuihe which had also been given in evidence by M Pigneguy.
3: The working out of a scale to be measured on the 1 Photo is inaccurate considering the turning began as from Sth Motuihe as from 284* or 286*
4: There was no drift, yaw or meander but a negligent turning with no checking of course by M Pigneguy or Phillip Sweetman on Seaway.
5: The calculation within the 3 Photos of 2.4 degrees is half the actual 5 degrees
6: The amount of turning prior to Photo 1 of 6 to 8 degrees is to be added also.
7: For a purported professional navigator to consider ok a wander 1 way or the other of up to 4 degrees sounds stupid in this flat water approach especially if M Pigneguy had any concern as to clearance.
8: That is a difference of 123 mtrs from 1 course to the other within 0.5 nmile
9: If it wasn’t a deliberate turn, it was certainly negligent in the circumstances & in violation of Maritime Rules which require a keeping to course.
10: The total turning of Seaway towards the path of Classique from 286* was sufficient to erode the available clearance of 460 mtrs to that seen in Photo 3.
11: Barry Young with no rightness of navigational principle, misleads the Court.
Seriously, you can’t be THAT stupid … Right???