Seaway II is at the very minimum a contributing cause, in my opinion 100%, to the incident - JJoy
Points on Appeal from the Decision of Iudge Toogood Para 15
Then Judge Toogood says in –
Para 15 – The important point about Rule 22.7(1) is that if there is any doubt as to whether a risk of collision may be present then the Rule provides that the risk of collision must be considered to be existing.
Bolton’s Appeal Submission on what is the important point –
Para 15 – The important point about Rule 22.7(1) is that there was no doubt about the Risk of Collision – it did not exist until the ferry created the risk by continuing to turn towards Classique instead of either steering a straight course taking it behind Classique or by keeping to its regular course which would be to turn around Browns Island towards Auckland, away from Classique.
Julian Joy writes in his second Report –
(a) “My analysis showed therefore, in my opinion beyond reasonable doubt, that the reason a close quarters situation occurred was that Seaway II incrementally altered course to starboard, in contravention of the rules & also in contravention of good practice.”
(b) “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.”
(c) “If Seaway II considered that a risk of collision existed, then Seaway II was required by the Maritime Rules to maintain course & speed. However it is agreed by both experts, Mr Young & myself, that the photos prove that Seaway II did not maintain course & 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.” – Continues …
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess