Defence Expert Julian Joy’s Second Report – Part 6

Barry Young’s calculations do not take into account the turning of Seaway as from Sth Motuihe

Defence Expert Julian Joy’s Second Report – Part 6
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 Mr Young’s affidavit, paragraphs 28, 29, and 30, Mr Young concludes that ‘The Master of Seaway II concluded that Classique’s bearing did not change enough to avoid collision and he therefore concluded that risk of collision existed. I agree with this conclusion.” However Mr Young ignores the fact that Seaway II used relative visual own-ship marks only, not compass bearings, and that this meant they did not obtain the true picture of the situation because they were altering course to starboard incrementally. The incremental turning of Seaway II to starboard in contravention of the Rule therefore caused the situation to develop as it did.
In Mr Young’s affidavit, paragraph 31, Mr Young is simply incorrect in his assessment of the Seaway II’s manoeuvrability. Mr Pigneguy agrees in evidence that Seaway II is very manoeuvrable. Seaway II can turn and respond much more rapidly than can Classique.
In Mr Young’s affidavit, paragraph 32, Mr Young makes the inaccurate gross generalisation that “The majority of the conclusions on pages 64, 65, and 66 of Mr Joy’s report are based on the assumption that Seaway II changed course 11* to starboard and are therefore not valid.” This is an untrue misleading statement and I respond to clarify:
My Page 64 is simply a summary of the facts; no calculation is involved, and no opinion is involved except that in 5.2.1.4 regarding keeping a lookout. 2nd Report continues …
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

Barry Young’s calculations do not take into account the turning of Seaway as from Sth Motuihe
when M Pigneguy said he was on course 284 degrees.
Barry Young foolishly limits all turning to that within Photos 1, 2 & 3
for the obvious reason that’s only half the amount.

Defence Expert Julian Joy’s Second Report - Part 6

Defence Expert Julian Joy’s Second Report – Part 6

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