Perverting Evidence Repeated By Mark Davies, Crown Law

Link for Seeing & Signing Petition clickable below

Perverting Evidence Repeated By Mark Davies, Crown Law
Here are more examples  for why a petition is being circulated to bring attention to the circus which was played out in our Auckland District Court in front of Judge Davis who 7 times admitted to having no nautical knowledge. He was probably expecting Maritime New Zealand, Mark Davies, Crown Law, M Pigneguy,  Phillip Sweetman & Barry Young to be telling an honest story & giving trustworthy evidence but the whole case was a blatent framing of an innocent skipper, whose evidence that he wasn’t guilty was entirely disregarded.
Mark Davies comes out with a ridiculous repetition of – “There were no vessels around you at any stage to prevent you turning to starboard was there? For  whatever reason you took no action at all to get out of the way of Seaway.”
It’s almost as if he’s moronic to be regurgitating that nonsense after he’s seen the location of Classique in proximity to the reef area & shallows of Browns Island marked by Browns Light out to Starboard. That’s as much a reason for Classique to keep a straight course as the expectation that the Regular Run of the Waiheke ro/ro ferries is to turn towards the course from whence Classique has come.
Bolton – “I didn’t have to get out of his way & I didn’t have to take any action other than to maintain my course & speed. I could’ve increased it but I didn’t.”
Mark Davies gets even more lead-headed in repeating the false assumption that Bolton created the situation seen in Photo 3 – “The fact that you didn’t take any action at all resulted in what we see in Photo 3 Mr Bolton. You accept that don’t you?”
That appearance of proximity was firstly increased by the zooming by M Pigneguy of that Photo & secondly it was entirely manufactured by M Pigneguy negligently steering towards the path of Classique.
Mark Davies now quotes  2 who weren’t telling the truth – “That Mr Pigneguy & Mr Sweetman have given evidence that Seaway had to put its engines in reverse, to prevent a collision between the 2 vessels.”
Bolton – “That’s what he says & if he followed what he said in his claim, he couldn’t have.”
That refers to the impossibility of Seaway being 80 mtrs off before even the 1st series of horn tweets began. There was no time for an interval before the next series, a waiting for response & then thinking about putting the engines into astern propulsion. 10 seconds is all the time he had when he was travelling at 15.5 kts.
Furthermore Seaway went past the stern of Classique as fast as any ro/ro ferry would be expected to travel – no sign of slowing.
Mark Davies is coming to the end of his cross-examination of Bolton, so in trying to impress Judge Davis, he comes out with – “Mr Young, who is the independent expert in this case, has considered this material & in his view on what we can see in Photo 3, is that it is a dangerous situation, that was entirely avoidable. All that would have been necessary, for this photo & this situation not to have occurred Mr Bolton, is for you to have altered course to starboard in an early & substantial fashion.”
Bolton concluded – “Definitely not, in the circumstances we were faced with, my turning to starboard would have been putting Classique in the ferry’s expected path. I had no need to increase my speed because the ferry was always going to go astern of me & he could have had a quarter  of a mile clearance if he had kept his course from way back.”
1 thing M Pigneguy  failed to do was steer a straight course.
For Mark Davies to classify Barry Young as anything other than a Hired Gun in the pay of Maritime New Zealand is to ignore how dishonest his opinions were in disregarding Maritime Rules & Seaway’s responsibilities during the approach of vessels.
This charade which purported to be a fair hearing gives reason for this Petition to be aired to the fullest extent. Public Interest & recreational boaters deserve Judge Davis’ decision to be annulled.
Concerning to all who have an interest in having Justice seen to be done in any legal dispute.

Link for Seeing & Signing Petition –
Perverting Evidence Repeated By Mark Davies, Crown Law,2014-10-02_2111

Link for Seeing & Signing Petition –




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