Judge Davis Has Been Hoodwinked by Barry Young Re Photo2

Judge Davis Has Been Hoodwinked by Barry Young Re Photo2
He’s got the idea from Barry Young that Photo 1 was heading towards a close quarter situation but Judge Davis hasn’t understood that M Pigneguy had already turned from his earlier course of 286* to 292* which Barry Young had dishonestly described as yaw.
So when Judge Davis asks Bolton re Photo 2 – “ Is that a close quarter situation?” Bolton endevours to explain that here is – “clear evidence of – something which is not a ‘yaw’ taking place.”
Judge Davis has a habit of cutting Bolton off as if he’s not willing to have Barry Young’s nonsense challenged – “Well that’s not necessarily accepted. Can you just answer, is that a close quarter situation?”
Bolton begins again to describe the appearance of Photo 2 – “ this where the failure …” but he gets cut off – “Is it or isn’t it?”
Bolton – “Even at that point it needn’t be a close quarters at all because Seaway was round about the point when it was perhaps expected to be turning in …”
Judge Davis becomes ridiculous in saying –“but he didn’t” & then goes on to say Bolton was relying on something that might happen like Judge Davis – “might lose 10 kilos, I might not as well, in fact it’s probably highly doubtful that I will Mr Bolton. that’s the point though isn’t it? things may happen, they may not”
After Judge Davis has amused himself Bolton gets a chance – “The ferry was on 286* prior to taking Photo 1 & Classique was looking good as you would expect. Now at that point there was no risk of collision at all & this is where the purported ‘yaw’ comes into it. Just because M Pigneguy has taken a picture at Photo 1, it doesn’t mean to say he’s going to stay on that course because if you take ‘yaw’ into it, he can also swing back the other way. On 286* he’s safe but he’s turned at the point of taking Photo 1 to 292*, he can equally turn the same number of degrees back to 286* or he could’ve gone down to 280* if he was ‘yawing’
Judge Davis – “If I understand correctly what ‘yaw’ is, it’s not a deliberate turning maneuver by a skipper, it’s more akin to natural drift, if you like, that a vessel may encounter as a consequence of wind or tide & all of those sorts of things, so what you’re saying to me is you’re relying on his natural drift to swing him out of the line he is presently maintaining as his course & speed & that’s what you’re relying on him to get out of a close quarter situation or potential close quarter situation.”
This is where Judge Davis has been mislead by Barry Young, to the extent he is having real problems understanding navigationally technical matters. Yaw is the effect of waves or swell causing a vessel to go above its course on one wave & below its course in the hollow but average out to a straight course. Drift is in only 1 direction caused more likely by a tidal current, in which case both vessels would be similarly affected & it would not necessarily be noticed or be a problem. Barry Young was foolish to suggest to Judge Davis that yaw or drift was a consideration on this occasion with no wind, waves or current. In this case the problem was that M Pigneguy was turning in 1 direction only & that was towards the path of Classique, reducing the clearance which was ample as long as Seaway stayed on 286*
Judge Davis after more explanations eventually says – “All right. Well I understand it to be your view that there is no risk of collision in Photo 1 & I’ll decide whether that’s the case or not. What about Photo 2, is that a close quarter situation?”
Bolton – “At that point it might be looking that way but unfortunately because of the failure of the ferry to keep its original course …”
Judge Davis hasn’t understood the significance of what Bolton has being saying & he cuts in – “Well if it’s a close quarter situation, isn’t the onus on you then to have gotten out of the way?” He gets even more unrealistic – “He might have turned right to go around the other side of Rangitoto or to starboard or whatever it’s called.”
Bolton – “If he wanted to do that but if he’s meant to be standing-on & keeping his course & speed, regardless of where I am, he shouldn’t be changing course from 286* …”
Judge Davis stops Bolton with – “Which is what, which is to be fair to Mr Pigneguy, that’s what he said. Can I get you to look at Photo 3?”
So after all that episode, it appears that Judge Davis hadn’t grasped anything Bolton had said. It’s a complete travesty that M Pigneguy can be showing in his Photos , Classique close to being more or less ahead in Photo 1 & 2 & Judge Davis doesn’t get that M Pigneguy has violated his responsibility to keep either a straight course or turn to Auckland as he would normally on his Regular Run. The onus is not on Classique to get out of the way of the rogue ferry – it’s for the ferry to realize the error of its turning towards the path of Classique in contravention of Maritime Rules governing the approach of 2 vessels.

                         Judge Davis doesn’t want to know the facts.
Judge Davis Has Been Hoodwinked by Barry Young Re Photo2, 2014-06-25_2125

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