Seaway II is therefore at the very minimum a contributing cause, in my opinion 100%, to the incident.
Defence Expert Julian Joy’s Second Report – Part 15
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 Judge Davis’ decision, paragraph 14, he states that: “Mr Bolton’s primary defence was that a crossing situation did not exist…..”
I respectfully suggest again that this indicates that the difference between the agreed fact that a crossing situation did exist, and the debated risk of collision situation, was not adequately advised to the court. Mr Bolton agreed that a crossing situation existed, but that it was a crossing situation without risk of collision until Seaway II incrementally turned to starboard in the final stages.
My report states:
“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.”
In addition, if Seaway II considered that a risk of collision existed, then Seaway II was required by the Maritime Rules to maintain course and speed. However it is agreed by both experts, Mr Young and myself, that the photos prove that Seaway II did not maintain course and speed, but rather gradually altered course to starboard in direct contravention of the Rules. Seaway II is therefore at the very minimum a contributing cause, in my opinion 100%, to the incident.
Note in addition to Julian Joy’s Report above …
Maritime New Zealand & Barry Young did not enlighten Judge Davis that the Legal Definition of “Keeping Course & Speed” also includes M Pigneguy’s obligation to steer to the normal course of Seaway turning around Browns Island as part of its Regular Run.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess