Fundamental violations perpetrated by M Pigneguy – Using a camera & ineffectual handheld aerosol hooter
Defence Expert Julian Joy’s Second Report – Part 7
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 …
My Page 66 has no reference to turning to starboard; it contains a discussion on the non-compliant horn and its ineffective use (22.214.171.124); a discussion on the issue of turning to port (126.96.36.199); and a discussion on the issue of considering normal voyage patterns when assessing risk of collision (188.8.131.52).
My response on aspects of Counsel Mark Davies, Meredith Connell dated 16 May 2011 for Maritime New Zealand in opposition to application for rehearing.
In Mr Davies’ Submission, paragraph 3, he states: “The defendant is now represented and has provided a purported expert’s report from Mr Julian Joy (the Joy Report). Mr Joy was present throughout the hearing.”
The use of the word “purported” is clearly aimed at discrediting my expert value. This is unjustified and would not stand up to comparison, and my curriculum vitae presented in open manner to the court was considered sufficient. It can be argued that I am more expertly qualified than Mr Young. The fact that I was present for most (but not all) of the hearing was a reason for my acceptance by the court.
In Mr Davies’ Submission, paragraph 5 (a), he states that I was: “…an expert witness who was readily available to the applicant at all material times.”
This is an incorrect statement, and indeed on the one occasion that Mr Bolton asked me for advice in the courtroom, during a lunch break, Mr Davies approached me and Mr Bolton and prevented me from reading the morning’s court transcript that Mr Bolton was referring to. This was conduct by Crown Counsel not consistent in my view with the suggestion that I was readily available to the Applicant at all material times.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Fundamental violations perpetrated by M Pigneguy –
Using a camera & ineffectual handheld aerosol hooter
instead of a complying Ships Whistle at appropriate times.
Steering towards the path of Classique instead of keeping to a straight course
or turning at Browns Island as usual on a Regular Run.