Rule 22.17 Quoted by Barry Young in His Brief of Evidence

Barry Young’s misleading Bias is in keeping with his role as Hired gun for Maritime New Zealand

Rule 22.17 Quoted in Barry Young’s Brief of Evidence
Link for Seeing, Signing & Sharing Petition –
Although Barry Young quotes Rule 22.17.1 in a seemingly  academic  way, his intention is to mislead Judge Davis to believe Seaway was the stand-on in the situation involving Classique which he had earlier & erroneously classified as the give-way vessel.
He pontificates as if he can exonerate  Seaway –
“ Part 22.17.1. instructs the stand-on vessel, in this incident Seaway, to maintain its course & speed up to the point when it becomes apparent that the give-way vessel is not taking the appropriate action, At this point the stand-on vessel may take avoiding action Rule 22.17.2.a. but it must not alter course to port for a vessel on its own port side Rule 22.17.2.b. The reason for preventing this turn to port is that, at the last minute, the give-way vessel might turn to starboard.”
1: This spurious classification of Seaway as a stand-on vessel is not helpful to the Court but entirely in line with his role as Hired Gun.
2:  That Seaway was turning towards the path of Classique instead of maintained a purported course & speed, has escaped Barry Young’s mind after he had already calculated the amount of turning Seaway did within the 3 Photos, even if it was only a fraction of the turning it made as from Sth Motuihe.
3: For Barry Young to quote Rule 22.17.2.b. as if it somehow applied, apparently fooled Judge Davis. To anyone else who knows about navigation & photography, it can be seen that Classique would have been ahead of Seaway in photo 1 if Seaway had been on its purported course of 286*. By Photo 2 Classique would have already passed over to Seaway’s starboard side.
4: Consequently as Rule 22.17.2.b was not applicable, Seaway was completely free to maneuver to port esp as that was the direction in which it would normally turn in its Regular Run around Browns Island enroute  Auckland.
5: Barry Young explains the reason for preventing a turn to port if a give-way vessel is on a stand-on vessel’s port side but it was dishonest to lead Judge Davis to believe a stand-on/give-way situation existed when it did not.
6: Further more Classique had not at any stage indicated that she might turn to her port – especially as Browns Light, reef & shallows area made it completely obvious Classique was not going to do anything other  than to proceed ahead. In the situation, both vessels were obliged to maintain their course & speed to pass safely & clear of each other.
Link for Seeing, Signing & Sharing Petition –

Barry Young’s misleading Bias is in keeping with his role as Hired gun for Maritime New Zealand
Rule 22.17 Quoted in Barry Young's Brief of Evidence,Bias4

Rule 22.17 Quoted in Barry Young’s Brief of Evidence

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