Barry Young dishonestly denied an authentic Navigational practice used to deduce the position of Seaway
Defence expert Julian Joy’s Second Report – Part 3
Written for Court in response to Affidavit of Mr Young and Crown submissions. And Reserved Decision of His Honour Judge Davis’s Ruling in Respect of the Prosecution MNZ v. Mel Bolton
Julian Joy B.Sc (Nautical), Dip Tchg, ACAT, FCILT, MNI.
Continuing from Julian Joy’s 2nd Report …
Paragraph 14 (c) ) his statement that the photos “Allow the amount Seaway II changed course to starboard during the incident to be determined” shows that Mr Young agrees that Seaway II turned progressively to starboard.
In Mr Young’s affidavit, paragraph 15, Mr Young repeats his assertion that “…the position of Seaway II could not be established at the time the photographs were taken.” Mr Young is denying a clear professional navigational practice; positions can be, and always have been, obtained this way. In my opinion, this denial is misleading to the court.
In Mr Young’s affidavit, paragraph 18, Mr Young states that the change of course of Seaway II to starboard “.. is such a small change that it would have been difficult to detect aboard Seaway II and even more difficult to detect from Classique.
This is a misleading statement; Mr Pigneguy stated he steered by eye and used land targets, so had precise targets and could see in real life as easily as can be seen in the photos he took. In addition, the incremental changes in course were detected from Classique and caused some puzzlement to Mr Bolton as to what Seaway II was doing. This effect is exactly why incremental changes in course are dangerous.
In Mr Young’s affidavit, paragraphs 20 to 27, Mr Young makes some points regarding the measurement of the angle of course change; however he has not allowed for the fact that his ‘notch’ is approximately 3 miles from Seaway II, and to starboard, whereas the Sentinel is about 6.5 miles dead ahead.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Barry Young dishonestly denied this authentic Navigational practice used to deduce the position of Seaway at position of Photo 1 – a transit from Sky Tower intersecting with the transit the ferry was on towards the North Shore Sentinel Building. 2 Transits – very accurate.