Judge Davis Does Not Get His Decision Facts Right Again

Abbreviated copy of some of Bolton’s plotting & the chart provided by M Pigneguy.

Judge Davis Does Not Get His Decision Facts Right Again
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Here is a man given a public position of responsibility as a District Court Judge & is giving his reasons for convicting Bolton.
It’s one thing that the case was not put before the appropriate authority – TAIC , Transport Accident Investigation Commission who would have known about Nautical matters but here is a Judge who has believed a Dishonest Barry Young purported “expert witness” because he wasn’t able to understand the evidence given to him & consequently has been made to appear incompetent in charge of a Court.
Judge Davis writes in his Decision
“Thirdly, Mr Bolton relied on charts & courses that he had plotted on charts in which he had endevoured to recreate the path that Seaway had taken. It is acknowledged that there were no GPS co-ordinates taken of the path of either vessel & Mr Bolton plotted those paths using landmarks that he was able to identify off the photos that Captain Pigneguy had taken as the incident in question unfolded in front of him. Mr Young disputed the authenticity of Mr Bolton’s plotting because there was no fixed point that could be identified from which either vessel started. The purpose of the plotting on Mr Bolton’s part was to convince the Court that Seaway had gradually turned to its starboard & therefore across the path of Classique.”
Straight forward clarifying, an example of Court mismanagement.
1: If Judge Davis had been able to work out nautical details for himself, he would have remembered M Pigneguy giving his written & verbal evidence that Seaway turned at the Southern end of Motuihe Island.
2: Not only that but both Judge Davis & Barry Young had M Pigneguy’s chart on which he had drawn his usual course & pin pointed the actual latitude & longitude of the turning point at Sth Motuihe.
3: Barry Young should’ve recognized that if Judge Davis didn’t.
4: What is even more incredible is that Judge Davis had written earlier in his decision – “Captain Pigneguy told the court that his practice was to leave at least a third of a nautical mile or more between the Southern end of Motuihe & his course …”
5: That location is near enough to give a starting point for Bolton’s plottings to show that Seaway turned substantially towards the path of Classique.
6: M Pigneguy’s chart would be expected to be more accurate but even his chart is at variance with what M Pigneguy said.
7: His stated course of 286 degrees True from his charted turning point at Sth Motuihe has Seaway heading to the white cliffs in the vicinity of Classique as she is seen in Photo 1 – not Sentinal building which would be nearer to 290 degrees True & practically the same as its bearing from the point he gave at a third of a nmile – there is only few mtrs difference between the 2 points.
8: Bolton’s starting point was easy to determine as in the vicinity of Browns Island Light on his course of about 80 degrees True.
9: It is an indictment of M Pigneguy’s wheelhouse management that neither he nor trainee watchman Phillip Sweetman had checked Seaway’s compass course & had no working harbour chart details, GPS or AIS electronic records to back up the claims he made.
10: M Pigneguy’s Photos clearly showed between photo 1 & 3 that Seaway turned towards the path of Classique & that was begrudgingly admitted by Barry Young as being about half the actual.
11: In addition to that, Barry Young wouldn’t consider the turning of Seaway towards Classique prior to photo 1 which is also easy to calculate from the evidence given by M Pigneguy.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Abbreviated copy of some of Bolton’s plotting & the chart provided by M Pigneguy.
Judge Davis Does Not Get His Decision Facts Right Again, 2014-11-07_2112

Judge Davis Does Not Get His Decision Facts Right Again

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