Judge Davis Wrongly Rejects Valid Evidence As Scanty

Paul Bossier in “Learn the Nautical Rules of the Road” validates Bolton's evidence

Judge Davis Wrongly Rejects Valid Evidence As Scanty
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Having misunderstood the valid & accurate evidence Bolton gave, Judge Davis writes in his Decision reiterating the ignorant denial of Barry Young –
“Accordingly, I reject Mr Bolton’s suggestion that a custom or body of practice had developed that enabled skippers of vessels to ignore the Maritime Rules. Secondly, I reject the validity of Mr Bolton making any assumption as to the course the ferry might take. Rule 22.7.3. provides that : Assumptions must not be made on the basis of scanty information.
The critical point is not whether radar information is being used but scanty information & in my view, that is precisely what Mr Bolton’s view as to what the ferry might do is both an assumption & based on scanty information. Accordingly I reject that as any ground of defence.”
Judge Davis didn’t know how badly he had been mislead by Barry Young who denied a fundamental navigational practice.
1: Bolton did not suggest that any custom or body of practice enabled anyone to ignore Maritime Rules.
2: He explained how a navigator has to take many factors into his assessment & management of risk regarding approaching vessels.
3: One of those factors in this case is the knowledge that after passing Browns Island, the Waiheke ro/ro ferry turns to Auckland & heads to Wynyard Wharf on its Regular Run.
4: Although Judge Davis comes from Bay of Islands with no knowledge of Auckland Harbour or nautical matters in total, Barry Young is from Auckland & says he is familiar with the area of interest. It is therefore a serious matter that Barry Young will deliberately mislead Judge Davis on this essential navigational practice.
5: instead of being a help to the Court as an independent expert witness, Barry Young disregards his code of conduct & acts dishonestly as a Hired gun in the pay of Maritime New Zealand.
6: Bolton did not make any assumption as to the course the ferry might take – assumption is defined as “taking for granted” that the ferry will follow a certain course.
7: It would be better described as Bolton knowing there was a likely hood that the ferry would take the regular course he was aware of – this not being Scanty or “barely sufficient” information.
8: Judge Davis writes in such a way that his Decision misinterprets the Maritime Rules & navigational conduct appropriate in areas where ferries have regular runs.
9: In conjunction with knowledge of the ferry’s course on its regular run around Browns Island, Bolton was also monitoring its passage with his Line of Sight method of determining risk of collision – its Missile guiding accuracy described in the previous post – certainly not scanty information.
10: Paul Bossier in his navigational text – “Learn the Nautical Rules of the Road” gives further validation of this basic navigational practice which Barry Young foolishly denied should be used.
11: Bossier writes – “You must always check the bearing movement of an approaching vessel. A useful technique is to check the other ship’s movement against the background … it will either be moving right, left or remain steady & this will be a good indicator of its bearing movement.”
12: This book can be viewed here – Nautical Rules of the Road
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Judge Davis Wrongly Rejects Valid Evidence As Scanty,Nautical Rules of The Road
Click to view – Nautical Rules of the Road

Judge Davis Wrongly Rejects Valid Evidence As Scanty

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