Mark Davies Crown Law Grooms Barry Young For Judge Davis
This is Maritime New Zealand’s way of getting Barry Young to apparently prostitute himself as Hired Gun for their wrongful prosecution of Bolton – the wrong skipper.
Mark Davies sets up Barry Young – “Can I ask you to turn to the rules themselves because I think you’ll be able to assist his Honour by reference to the rules themselves in terms of what is required to take into account to determine whether a risk of collision exists & I’m thinking of Rule 22.7. Perhaps you could just explain the purpose of those to His Honour in light of the questions he’s asked?”
Essentials of Maritime Rule 22.7 – “Risk of Collision”
1: Every vessel must use all available means appropriate to the prevailing circumstances & conditions to determine if risk of collision exists. If there is any doubt, such risk must be considered to exist.
2: Proper use must be made of radar equipment if fitted, including long range scanning to obtain early warning of the risk of collision.
3: Assumptions must not be made on the basis of scanty information, esp scanty radar information.
4a: Such risk must be considered to exist if the compass bearing of an approaching vessel does not appreciably change
b: Such risk may sometimes exist even when an appreciable bearing change is evident when approaching a very large vessel or a tow or when approaching a vessel at close range.
Barry Young is able to discount the references to the use of radar from this situation & decides that the crucial thing is that risk of collision must be considered to exist if a compass bearing of an approaching vessel does not change appreciably.
He summarizes it as – “If in doubt a collision must be considered to exist”
Mark Davies wants a 2nd point included – “don’t make assumptions on the basis of scanty information”
Does Barry Young confirm? – “Yes, no, you need to make observations, yes.”
He is excused now with Mark Davies satisfied to put these answers to Judge Davis later in his summing up.
Barry Young was devious enough not say that the Rule refers to a “Compass bearing” not changing but M Pigneguy was using an unreliable ‘Relative Bearing’ instead & not correcting his turning towards the path of Classique which had the effect of bringing that Relative Bearing up as he turned causing his bearing to appear as if it wasn’t appreciably changing. That gave a false reading to
M Pigneguy who then wrongly thought risk of collision existed when all he was doing was reducing the amount of clearance which earlier existed.
Mark Davies wanted to especially bring in “scanty information” to describe what he wanted to later apply to Bolton’s use of his Line of Sight technique.
This technique is even more accurate than a compass bearing esp. in the situations the rule mentions of the large vessel or one with a tow.
Maritime New Zealand, Barry Young & Mark Davies probably don’t know or they deliberately ignore, that it is easily used to determine both those situations. As if the stern of the vessel or the end of the tow is observed to be different to the bow movement – the bow moving ahead whilst the stern or end goes backwards, then the observing vessel will certainly having to slow down or change course to avoid running into strife.
Mark Davies’ performance is from start to finish a dishonest abuse of Court process without regard for the facts of the case but taking advantage of Judge Davis who has many times professed his lack of Knowledge of Nautical Matters.
The trouble with lying & deceiving is that their efficiency depends entirely
upon a clear notion of the truth that the liar & deceiver wishes to hide.
In this sense, Truth , even if it does not prevail in public,
possesses an eradicable primacy over all falsehoods.