Seaway II incrementally turned to starboard in contravention of the rules, thereby causing the close quarters situation
Defence Expert Julian Joy’s Second Report – Part 9
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 Davies’ Submission, paragraph 6, he states that: …”despite having Mr Joy available at the hearing…”
I repeat I was not available to Mr Bolton at the hearing.
My employment would not have permitted this with Mr Young acting as a witness. I and a New Zealand Maritime School colleague attended the hearing as public observers such as we were able to fit such attendance around our work, to see the conduct and outcome of the case. The Seaway II crew member Mr Sweetman was at the time a student at our Maritime School, so we had an interest from several professional angles.
In Mr Davies’ Submission, paragraph 14 (b) he states that:…(Mr Pigneguy was considered an expert)
In the ‘vote of experts’ which Mr Davies conducts, it cannot be valid to include Mr Pigneguy, as he is obviously not independent.
In Mr Davies’ Submission, paragraphs 16 to 20, he raises the matter of “the central issue of the alleged 11* change of course…”:
In these comments he ignores the finding that I make in my report that the amount of the course change of Seaway II is not critical and even using Mr Young’s figures is sufficient to prove that Seaway II incrementally turned to starboard in contravention of the rules, thereby causing the close quarters situation.
Note in Addition to the above excerpt – Crown Law Mark Davies is trying to protect a most unlikely couple of “experts” 1: M Pigneguy who broke all the Collision Regulations & 2: Barry Young who aimed to cover up those many violations.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
In spite of overwhelming evidence that Bolton was not guilty,
Maritime New Zealand & Crown Law are determined to bury their heads in the sand