The incremental changing of course to starboard created the close quarters situation, Seaway v Classique
Defence Expert Julian Joy’s Second Report – Part 4
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 with Julian Joy’s 2nd Report …
In addition, he (Barry Young) has placed lines from three different positions onto the one photograph, which gives a misleading picture.
The geometry therefore makes the angles change as Seaway II moves along its path. i.e. If Seaway II maintains course, the notch progressively goes further northwards on Seaway II’s compass. Seaway II would eventually have passed to the south of the notch, but obviously long before this must turn on her path to the southwest to avoid going aground on Rangitoto Island. This therefore has the effect of reducing the apparent change of Seaway II’s heading angle, by at least one degree during the 900 metres moved between photo 1 and photo 3. Therefore using Mr Young’s figures, the course change to starboard by Seaway II must be at least 3.4*. I reiterate also though that purporting to be able to measure to one tenth of a degree is misleading to the court. In Paragraph 21 Mr Young uses my 30* angle and says it “ is not position sensitive”; however a horizontal angle such as this is very sensitive and is used for position fixing.
In addition, in my report paragraph 4.1.8, and in the tables above and below, I point out that even if we take the case that I had made an error and Mr Young’s lesser angles are nearer to the correct turn, they are sufficient to show that the incremental changing of course to starboard created the close quarters situation. Continues …
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Diagram drawn by Julian Joy showing the incremental turning of Seaway towards the path of Classique which created the close quarters photographed by M Pigneguy to wrongfully implicate the skipper of Classique