Final Matters Raised In Application For The 2nd Rehearing

Maritime New Zealand misconstrued that Page 9 of Coastguard Handbook illustrated the situation.

Final Matters Raised In Application For The 2nd Rehearing
Maritime New Zealand & its witnesses mislead Judge Davis into giving the result they wanted – the wrongful prosecution of Bolton, the innocent skipper of Classique
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
The Legal Aid Barrister now acting for Bolton applied for a second Rehearing & filed a Supporting Memorandum referring to “evidence in matters that may have resulted in a miscarriage of Justice.”
The Memorandum continues … This prosecution witness, Mr Pigneguy does demonstrate financial interests of the organization he was chairman of was threatened or challenged by actions of Classique in share crewing (page 27 line 30) a matter we say is relevant in assessing the evidence of the witness.
Also at page 157 of the transcript Howden confirms his association with Mr Wardale and Mr Ingram (page 158 line 14)
The third matter is that Your Honour has formed an erroneous view that the Applicant, Mr Bolton did not accept that there was a crossing situation (page ref.) It is respectfully submitted that this is a matter touched on by the expert but nevertheless is a matter of evidence and it is clear in the transcript that the Applicant did accept that this incident was a crossing situation. The thrust of Mr Bolton’s defence was that there was a crossing situation with no significant risk of collision. (Notes of Evidence pages 223 line 29) also (page 234 lines 11 and 12).
A crossing situation without risk of collision.
Finally Mr Bolton advanced some legal principles in relation to the law of the sea but did not have the relevant text book, (It was not yet in New Zealand) Farwell’s Rules of the Nautical Road 8th Edition which is now available. (Notes of Evidence page 232 line 13). Click here to view – Farwell’s Rules of the Nautical Road
For the above mentioned reasons we invite this Honourable Court to grant a rehearing in relation to those matters raised by Counsel in this second application for rehearing.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Maritime New Zealand deliberately misconstrued that Page 9 of the Coastguard Handbook
illustrated the situation. The actual approach was not a right angled conventional situation
but such that if Seaway had kept a straight course each would have passed clear of the other.

Final Matters Raised In Application For The 2nd Rehearing

Final Matters Raised In Application For The 2nd Rehearing

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