Crown Law, Maritime NZ Deny Assessment Ferry’s Regular Run

Crown Law submissions typical of misunderstanding which MNZ promulgated to confuse Judge Davis

Crown Law, Maritime NZ Deny Assessment Ferry’s Regular Run

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, Paragraph 35 …
“Judge Davis sets out that a second ground of defence was Mr Bolton maintaining his course and speed because he anticipated the Seaway ll to alter its own course to port, which in his experience was the ferry’s usual practice.”
The Appellant (Bolton) seeks to respond to the Crown submission …
Response to Paragraph 35 …
Response 35. It is clear in Para 28 of the Decision that the Judge has been mislead as to the necessary inclusion of a ferry’s Regular Run into a navigator’s Assessment of Risk
Crown Law wrote in their Submission, Paragraph 36 …
“Judge Davis went on to note that there was no evidence of a custom having developed that would have allowed the Maritime Rules to be put aside in this way.”
The Appellant’s (Bolton) Response to Paragraph 36 …
Response 36. The Judge has misunderstood the correlation between a Regular Run & Risk Assessment which is fundamental navigational practice. There is no suggestion that Rules are put aside, rather more Rules are brought into consideration
Crown Law wrote in their Submission, Paragraph 37 …
“In other words, there was no basis for the Court to conclude that Mr Bolton’s expectations (as to the turning to port of Seaway at Browns Island) could have amounted to special circumstances within the ambit of the rule”
The Appellant’s (Bolton) Response to Paragraph 37 …
“Response 37. This submission by Crown Law is typical of the misunderstanding which MNZ promulgated to confuse the Judge as to Navigational Principles which include the assessment (Farwell Page 309) of what another vessel is likely to do on a Regular Run as well as understanding the Legal definition of keeping Course & Speed which is not necessarily keeping a straight course at the same engine revolutions.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Farwell’s “Rules of the Nautical Road”
Click here to view – Farwell’s Rules of the Nautical Road

Crown Law, Maritime NZ Deny Assessment Ferry’s Regular Run

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