Judge Davis Doesn’t Know What Evidence Was Given To Him

Farwell in his authoritative text “Rules of the Nautical Road” certainly backs Bolton up

Judge Davis Doesn’t Know What Evidence Was Given To Him
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
What was presented by way of navigational evidence was far beyond his comprehension & his understanding of Nautical matters was admittedly nil.
Judge Davis writes in his decision –
“Mr Bolton’s 2nd ground of defence was that he was maintaining his course & speed because he anticipated Seaway to alter its own course to port, which in Mr Bolton’s experience, was the ferry’s usual practice. Mr Bolton suggested that a custom had developed that enabled the Maritime Rules to be set aside& for local sailors to use their own local knowledge of the ferry’s path to navigate around the harbour. There was no evidence presented to me other than Mr Bolton’s own bold assertions as to whether indeed there was a general body of law or custom that prevailed on the Hauraki Gulf & 2nd, whether this specific custom that Mr Bolton referred to formed part of the body of customary law.”
The above is further evidence of why Maritime New Zealand failed to notify TAIC – Transport Accident Investigation Commission of the claim M Pigneguy made – they intended to take an unfair advantage of a District Court Judge with no Nautical knowledge instead of putting it before the appropriate Commission – TAIC, as was their mandatory requirement.
1: Bolton was correct in maintaining his course & speed anticipating Seaway would on its Regular Run turn around Browns Island enroute Auckland.
2: Bolton did not suggest a custom had developed that enabled Maritime rules to be set aside. He said that a navigator had very proper reason to take a ferry’s regular run into his risk assessment
3: Obviously it’s more likely that a local sailor would know the normal route of the harbour ferries & be very conscious of them.
4: That there was no other evidence given as to the reality of a ferry’s Regular Run being brought into a navigator’s assessment of risk is to the detriment of Maritime New Zealand & its Hired gun, Barry Young who know very well that a ferry’s regular route does become significant to navigators in the Hauraki Gulf & especially in this area of the Auckland Harbour.
5: Farwell in his authoritative text “Rules of the Nautical Road” certainly backs Bolton up
It can be seen by clicking here – Farwell’s Rules of the Nautical Road

“…the question therefore always turns on the reasonable inference to be drawn as to a vessel’s future course from her position at a particular moment & this greatly depends on the nature of the locality where she is at the moment.”
Link for Seeing, Signing & Sharing Petition –
http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Judge Davis Doesn’t Know What Evidence Was Given To Him,2014-04-20_1952
Farwell’s Rules of the Nautical Road

Judge Davis Doesn’t Know What Evidence Was Given To Him

 

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