Crown Law Highlights Judge Davis’s Erroneous Decision

Seaway on a Regular Run would’ve followed the course from whence Classique had come with no crossing

Crown Law Highlights Judge Davis’s Erroneous Decision

Appellant’s Submissions in response to Submissions of Crown Law Mark Davies, Meredith Connell in opposition to Appeal against Conviction
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Crown Law on behalf of Maritime New Zealand wrote in their Submission
24: Judge Davis’s written decision also clearly illustrates that he took the Appellant’s arguments both on the alleged deviation off course by Seaway & it’s anticipated course by Mr Bolton into account
(a) Judge Davis summarized each of Mr Bolton’s defences including that the situation was not a crossing situation, or in the alternative that the situation only developed into a crossing situation after it had been “manufactured” by Mr Pigneguy. Judge Davis also noted that a number of matters had been raised in support of these matters.
The Appellant (Bolton) seeks to respond to the Crown submission –
Response to Paragraph 24(a) : Response 24(a). That the approach could have been a safe crossing astern, passing starboard to starboard or no crossing at all is shown clearly in the Appellant’s diagrams – that the “crossing with Risk of Collision” was manufactured by M Pigneyguy is obvious considering he turned towards Classique’s path either 2.4 deg, 11 deg, somewhere inbetween or more when the initial “turning in sight of another vessel” of 26 deg at Sth Motuihe is considered.
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Note in addition to the above submission.
One diagram Bolton drew to describe the situation shows in 3 parts, the positions of Seaway & Classique as they approached in the area Nth East of Browns Island.
1: If Seaway had turned where it normally did, there would have been no crossing at all – Seaway would have followed the course from whence Classique had come.
2: If Seaway had kept a straight course, it would’ve passed clear astern of Classique with adequate clearance.
3: This was later verified in Julian Joy’s report but deliberately concealed from Judge Davis at the time by Crown Law on behalf of Maritime New Zealand who had their Hired Gun Barry Young who appeared to perjure himself for their case.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
As Classique proceeds ahead, Seaway on its Regular Run would’ve followed the course
from whence Classique had come – there being no crossing at all.

Crown Law Highlights Judge Davis’s Erroneous Decision

Crown Law Highlights Judge Davis’s Erroneous Decision

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