Judge Davis Misunderstands Risk Assessment. Paragraphs 29,30

A direct result of Barry Young dishonestly misconstruing the reliability of Bolton’s Line of Sight method

Judge Davis Misunderstands Risk Assessment. Paragraphs 29,30
Submissions for Appeal on Judge Davis’s Decision
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The following are the Appellant’s responses to Paragraphs 29 & 30 in the Judgement
[20] Para 29 & 30 : His Honour it is submitted, misunderstands risk assessment There was no ignoring of Maritime rules nor assumptions based on scanty information as to the ferry’s course on its Regular Run and marked on the chart provided in evidence.
(A) Ferry gave evidence of its Regular run – “we go around the Northern side of Browns” “…our standard procedure to take us around the Northern end of Browns Island”
Trans Pages 15 & 58 Refer also to the ferry changing to an “irregular run” and special circumstances. Trans Page 231
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Additional Notes in conjunction with Judge Davis’s misunderstanding of Risk Assessment & Risk Management as seen in Paragraphs 29 & 30.
Judge Davis “rejected the validity of Bolton making any assumptions as to the course the ferry Seaway might take”
He quotes – “Rule 22.7.3 provides that : Assumptions must not be made on the basis of scanty information especially scanty radar information”
This is a direct result of Barry Young dishonestly misconstruing the reliability of Bolton’s Line of Sight method of determining Risk of Collision & likening it to scanty information.
In the same way Barry Young mislead Judge Davis as to the normal practice of navigators to take into account the Regular Routes local ferries take – eg. the Auckland Devonport ferry which makes constant trips across the harbour every day, all day, year after year.
M Pigneguy drew on his evidential chart the Regular Run Seaway makes from Kennedy Point, Waiheke to Wynyard Wharf Auckland. He verbally went over it in detail. AIS records were shown to Judge Davis as well.
It seems negligent for such abundant evidence to be disregarded.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Bolton’s Line of Sight method is so accurate that
it has become the basis of missile & rocket navigation

Judge Davis Misunderstands Risk Assessment. Paragraphs 29,30, 2014-02-02_1729

AIS records showing the Regular Run of Seaway
around Motuihe & Browns Island enroute Waiheke — Auckland

Judge Davis Misunderstands Risk Assessment. Paragraphs 29,30

Judge Davis Misunderstands Risk Assessment. Paragraphs 29,30

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