7 Basic Grounds – Appealing Judge Davis’s Wrongful Decision

That the risk of collision was created by Seaway changing course - turning towards Classique

7 Basic Grounds – Appealing Judge Davis’s Wrongful Decision
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
His Honour Judge Toogood in a decision dated 25th May 2012 denied the Appellant (Bolton) permission to submit a Nautically authoritative Report from Julian Joy, Chief Instructor of the Maritime NZ Nautical Training School.
In these circumstances the Appellant has filed these Submissions, Supplementary to those filed by Counsel September last year and in the Interest of Justice, addresses some of the Nautically technical issues in the absence of the Julian Joy’s Expert Report which was held to be “Not Fresh” therefore inadmissible in these proceedings.
1st of 7 Basic Grounds for Appeal of the Decision by Judge Davis
1 : That the risk of collision was created by Seaway changing course – turning towards Classique and if it had not so changed its course as afore-said, no risk of collision would have occurred
The learned Judge failed to appreciate the significance of the evidence provided by the Appellant’s plotting, M Pigneyguy’s photographs & Mr B Young’s calculations that established Seaway changed its course, thereby, inadvertently or not, created the risk of collision. The Learned Judge failed to recognize the significance of Seaway’s incremental turning to Starboard in this situation.
(a) The 3 photos supplied by M Pigneyguy clearly show the ferry’s incremental turning towards Classique (Cqe). Refer to the Appellant’s Responses to the Decision beginning on Page 6 “Submissions on Decision” (SD) [22] Para 32.c
(b) B Young calculates the turning to be 2.4 degrees (deg) within the distance covered by the 3 photos without taking into account the turning which had taken place prior to Photo 1 – (26 deg from the ferry’s 1st course of 260 deg & a further 6 deg from that 2nd course said to be 286 deg ) Refer SD [21] Para 31 (a)
(c) A vessel that turns deliberately to place herself in the position of a stand-on vessel in a crossing situation violates Collision Regulations (ColRegs) – “The approach cannot be unilaterally converted by one vessel into another classification” Refer, Farwell’s Rules of the Navigational Road Page 432.
To view Click here – Farwell’s Rules of the Nautical Road

Link for Seeing, Signing & Sharing Petition –
 http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Farwell’s Rules of the Navigational Road – Farwell’s Rules of the Nautical Road
Appealing Judge Davis's Wrongful Decision

3 Photos supplied by M Pigneguy which show Seaway incremental turning to Starboard
towards the path of Classique

Appealing Judge Davis's Wrongful Decision

 

7 Basic Grounds – Appealing Judge Davis’s Wrongful Decision

Website Pin Facebook Twitter Myspace Friendfeed Technorati del.icio.us Digg Google StumbleUpon Premium Responsive

Leave a Reply

Your email address will not be published. Required fields are marked *

CommentLuv badge