Bolton Goes In The Witness Box & Is Sworn In
He describes his passage out from his mooring near Bayswater Marina In Auckland Harbour – heading on a more or less straight course out to an anchorage on the South Western side of Motuihe Island which entails crossing a channel about 2 nmiles wide after taking Classique past the Northern side of Browns Island.
As he was motoring across Browns Island, he saw a speck of a vessel about 3 nmiles away. It was on the Eastern side of Motuihe Island & heading towards the Southern end. By the time this vessel reached that point, it was identified as the roll on/roll off ferry enroute for Auckland with its regular run heading next for Browns Island around which it would turn towards its facilities at the downtown Wynyard Wharf. It would be taking the course from whence Classique had come.
Next, the ferry is turning at Sth Motuihe as Classique is near the Light at the Nth of Browns Island – they are about 2 nmiles apart, the ferry travelling twice as fast as Classique with an approach of 25 degrees.
Bolton is observing the ferry begin to head towards the location where Classique is moving away from.
To bring it into perspective, this situation could be likened to a pedestrian about to cross a street as a car is seen a long way off to be approaching on the same side of the street as the pedestrian. With known traffic rules & a white line down the centre of the street, the car is expected to stay on its side of the street as the pedestrian steps off the footpath. The pedestrian can assess the width of the 1st half of the street he’s expecting to cross & know for sure that he’s going to be on the other side of the white line if not on the other pavement by the time the car is a safe distance away & that pedestrian is not going to have to run or avoid the car at all. It would be most unexpected & against traffic regulations for the car to cross over the centre line & try to run the pedestrian over as he’s reaching the other pavement after leaving clear the 1st half of the street for the car to use.
It stands to reason that by the time the ferry has travelled 2 nmiles towards where Classique was to begin with, Classique is going to be about a nmile away from where she was initially – that’s getting to be equal to the pedestrian being over half way across the street.
The only way the ferry could have got close to Classique is to have left the course it began on which was towards Nth Browns Island & steered in the direction Classique was heading – with the violation of crossing the theoretical centre line & onto Classique’s side of the Nautical road.
That is a brief outline of situation Bolton is explaining to the Court.