Barry Young Succumbs To Foot in Mouth As Hired Gun

Barry Young Succumbs To Foot in Mouth As Hired Gun
Judge Davis trying to get the picture as to the situation after Seaway turned at Sth Motuihe & began running on a stated course of 286*-
He asks Barry Young –
1: “In theory, albeit at a distance apart, a potential crossing situation could have occurred if the vessels had maintained that course?
2: And if so at what point along those 2 courses do you say the collision rules would have started to apply?
3: As I understood the rules, they seemed to suggest that a crossing should only be affected by the vessel that is on the starboard side crossing to the stern of – in this case, Mr Bolton’s vessel crossing to the stern of the ferry”
Barry Young opens his mouth & his 1st foot goes towards his mouth – “That’s right . Mr Bolton was in a situation where Classique was told to avoid crossing ahead of the ferry.”
He hadn’t listened to what Judge Davis had said. In such haste to show Bolton in the wrong, Barry Young hadn’t noticed that Judge Davis got the 3rd part of his question convoluted – corrected, the rules suggest if a crossing rule applied it would be “the give-way vessel or the vessel which had the other on its starboard side which would turn to starboard & pass astern of in this case, the ferry.”
Furthermore, Classique at about 2 nmiles at that stage, in no way was in a situation where the Rule 22.15 applied about avoiding crossing ahead of the ferry.
Judge Davis hasn’t got an answer to the 1st part of his question. Barry Young, if he replied honestly would be obliged to say that “if each vessel had maintained their course & speed, each would’ve passed clear of the other” but that wouldn’t have suited his purpose.
Judge Davis now asks Barry Young – “What is in your view a safe distance that a vessel can cross in front of another vessel?”
Barry Young’s 2nd foot goes into his mouth as he splutters – “Somewhere between Photo 1 & 2 would have been a safe sort of distance. If classique had been directly ahead of the ferry in either of those 2 Photos, I think the ferry captain could’ve relaxed & discounted that as an incident then.”
Judge Davis – “By the time we’ve arrived at Photo2, in your view that is not a safe distance for 1 vessel to have crossed in front of another?”
Barry Young, if he’d got a middle leg could’ve stuffed his mouth fully by this answer – “If Classique had been ahead of the ferry at that stage, so he’s passed his most dangerous point – he’d need to be crossed over, ahead of the ferry at the stage of Photo2, but he was still on the port bow.”
Honest answers from Barry Young would’ve admitted that –
A: Somewhere between Photo 1 & 2, Classique would’ve been able to cross well to the starboard side of Seaway if M Pigneguy had kept a straight course & desisted from incrementally turning towards the path of Classique.
B: Classique was ahead of the ferry at Photo2 & not just “still on the port bow”
not withstanding Seaway had turned a further 3 degrees towards the path of Classique thus reducing the clearance of 460 mtrs which previously existed.
Mark Davies of Crown Law, Meredith Connell, Auckland carries on with the cross-examination of purported expert witness Barry Young with the aim of utilizing him in his role as Hired Gun for Maritime New Zealand.

A dual role is not what Judge Davis expected of Barry Young
Barry Young Succumbs To Foot in Mouth As Hired Gun,2014-09-08_2031

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