Crown Law & Barry Young Succeed in Hoodwinking Judge Davis

A full diagram of Seaway’s track is what Judge Davis should have referred to - not just 0.5 nmile

Crown Law & Barry Young Succeed in Hoodwinking Judge Davis
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
The Appellant (Bolton) seeks to respond to the Crown submission 25.
Response 25 : With reference to the “ real issue” as shown in the 3 photos – It is submitted that it is not logical for the Judge to say “yes” from a segment of 3 photos covering only about 500 mtrs out of a span of the incident distance covering about 10 km – the ferry’s actions before, during & after the photos should be recognized.
(a) Barry Young (Trans Page192) states that a 2,3 or 4 deg wander one way or the other … would be quite reasonable for any large vessel to yaw or meander. If that is so, why is Photo 1 held to be taken when the ferry was on Course 286 ? No check was made as to the ferry’s course (Phillip Sweetman copied Pigneyguy’s data not made at the time but at the end of the day “This what we have to give” (TransPage 122) No AIS,GPS or Radar record was given to back it up. The Appellant & crew, saw the ferry turn at Sth Motuihe from 260 deg gradually towards Browns Island light – at some point it would have reached 286 but Photo 1 shows the ferry heading above 286 (286 is towards white cliffs closer to Classique) The ferry is shown to be steering 292 (North of the Sentinal)
(b) If yawing is said to be allowable, because the ferry couldn’t hold a steady course according to Barry Young, then at Photo 1, the ferry could well have been at 292 and then expected to yaw back to 286 or less – in fact it had reached the point at which it would normally turn towards 260 deg around Browns Light to Auckland from whence Classique had come.
(c) Clearly a comprehensive view of the situation must be taken into account – never the less, the photos show the crossing was without risk of collision if Seaway II had not incrementally turned to starboard towards Classique, thus reducing the clearance.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

A full diagram of Seaway’s track is what Judge Davis should have referred to – instead Barry Young ridiculously insisted that just 0.5 nmile of Seaway’s passage was all he would allow to be considered
Crown Law & Barry Young Succeed in Hoodwinking Judge Davis

Crown Law & Barry Young Succeed in Hoodwinking Judge Davis

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