MNZ, M Pigneguy & Barry Young were acting dishonestly to show Judge Davis Page 9 of Coastguard Handbook
Defence Expert Julian Joy’s Second Report – Part 12
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 reference to Judge Davis’ decision –
I 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:
“18.104.22.168 It was agreed therefore that a crossing situation existed, but Classique argued that risk of collision did not exist, therefore the rules did not become active, and she maintained course and speed.
22.214.171.124 Seaway II argued that a risk of collision existed, and that Seaway II was the stand on vessel, required to maintain course and speed.
126.96.36.199 Either way, they both say they maintained course and speed, albeit for different reasons. An important part of my investigation was therefore to establish whether the crossing rule was applicable. i.e. the vessels were clearly in a crossing situation, but were they crossing with risk of collision?”
By way of additional assistance, some reiteration of background explanation of the practical interpretation of the two stages of the rule seems to be necessary for the court:
A ‘crossing situation’ does not necessarily involve a risk of collision; it merely identifies the relative tracks of the two vessels concerned as being in the ‘crossing’ sector, as compared to the ‘overtaking’ or ‘end on’ sectors. Deciding that is the first decision the vessels make, as that determines the ‘give way’ rule that would become applicable if risk of collision was considered to exist. The second decision is then to establish whether risk of collision exists, and that is the point of difference between the two vessels that I was referring to in the above.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Maritime New Zealand, M Pigneguy & Barry Young were acting with blatant dishonesty to show Judge Davis Page 9 of Coastguard Handbook with the conventional right angled approach as the situation which existed on the day Seaway was bearing down on Classique. It was actually a 25 degree approach such that if Seaway had kept a straight course, she would’ve had 463 mtrs safe clearance