Ian Howden (MNZ) refused to comply with the Court’s request for a resolution of the matter
Judge Toogood Hasn’t Considered Julian Joy’s Reports
He writes plausibly in his Decision regarding Bolton’s Appeal…
In his preparation for the case, the appellant had discussed the case with Mr Joy. It is not clear from the available evidence whether the discussions went so far as to include a critical analysis by Mr Joy of the evidence which the prosecution proposed to call from its independent expert, Mr Young.
The appellant, who describes his occupation as “Sailing Master”, is aged 74 years. He says that he has been a qualified skipper internationally for more than 20 years, in the Caribbean where Classique was conducting charters, and also in Western Australia and San Diego for America’s Cup regattas. He claims in his affidavit that thousands of people have travelled safely on his yacht and that he has taken groups/crews on extensive cost-share trips on his vessel throughout the Pacific, and to the Kermadec Islands as a dive instructor.
Bolton Submits in his Appeal against Judge Toogood’s Decision …
“There was prior critical analysis of the prosecution and briefs of evidence to be presented. The Appellant from the outset had supplied facts & met with MNZ who refused to consider all evidence that the Appellant was not guilty.”
Note in addition to the above submission …
Judge Toogood appears confused as to the evidence Bolton gave regarding his preparation for the case, the content of Julian Joy’s Reports & the conduct of the purported expert Barry Young leading up to & during the Hearing.
Bolton had the advantage of Julian Joy’s expertise from the time Maritime New Zealand notified its intention to proceed to prosecution over the unfeasible claim made by M Pigneguy.
Crown Law, Mark Davies & Maritime New Zealand had many communications with Bolton about the way in which M Pigneguy had incriminated himself with his 3 Photos & his violations of Maritime Collision Regulations revealed in the claim he made.
There was a status hearing at Court which ruled Maritime New Zealand should have a meeting with Bolton to resolve the matter & not waste further Court time by proceeding with a frivolous/vexatious claim.
Maritime New Zealand with Barry Young reluctantly met with Bolton who gave his detailed evidence regarding the errors & violations of M Pigneguy’s claim. Ian Howden (MNZ) refused to comply with the Court’s request for a resolution but just went through the motions without any attempt to discuss the issue.
It was subsequently divulged by Barry Young to Julian Joy back at the Maritime School where they both were employed, that Barry Young’s advice to Ian Howden was for Maritime New Zealand not to proceed with their intention to prosecute.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Maritime New Zealand & Crown Law refused to consider all the evidence that Bolton was not guilty & that M Pigneguy was 100% responsible for manufacturing his close quarters claim – their heads were firmly buried in the proverbial sand