"In this case I found that the applicant (Bolton) does not carry the responsibility for the situation"
Defence Expert Julian Joy’s Second Report – Part 11
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 31, he states that “ …both the Joy Report and earlier correspondence from him suggest that he has inappropriately assumed the role of advocate for the applicant.”:
My position was stated in my Disclosure. In addition, as an expert it is a requirement that I make professional findings regarding a professional industry standard of navigation and behaviour in the maritime environment. It is therefore inevitable that my findings would lean towards allocating responsibilities and indicating which parties may not have carried out their professional responsibilities fully or partly. In this case I found that the applicant does not carry the responsibility for the situation; this does not mean I am solely an advocate for the applicant. Refer also to my concluding remarks to this document
Part 2. My response to matters in Reserved Judgement of Judge G Davis dated 27 May 2011
In Judge Davis’ decision, paragraph 12, Judge Davis states that: “Mr Joy’s evidence is one which invites the court to revisit its conclusion that a crossing situation existed because the facts upon which the court made that finding could, based on Mr Joy’s analysis, be interpreted in an entirely different fashion.”
I (Julian Joy) respectfully suggest that this statement, and the inference therein regarding the effect of my findings, is incorrect in relation to my report, as in my report I stated the following, which facts were found in the hearing: … Julian Joy’s stated facts continue …
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess