Bolton was not prepared to be confronted with blatant false evidence & perjury which mislead Judge Davis
Response to Proceedings copied by Judge Toogood
This was said to be one of those rare cases where justice must not only be done, but it must be seen to be done, and I (Judge Davis) will allow Mr Bolton to file detailed affidavit evidence from his expert Julian Joy.
Bolton submits in his Appeal against Judge Toogood’s Decision in which he copied from Judge Davis’s Proceedings in the District Court previous …
The Appellant (Bolton) was aware of the nature of the evidence he would be required to have presented in Court but he was not prepared to be confronted with blatant false evidence & perjury which entirely mislead Judge Davis who stated about 7 times that he lacked Nautical Knowledge, asking the Appellant whose evidence should he take – the Appellant recommended that Judge Davis would be better off taking Bolton’s evidence.
Note in addition to the above submission …
Some points of Misleading by Barry Young which Bolton contended with …
* The Transit with Line of Position is all that’s required for a fix – not 2 transits
* Unwillingness of Barry Young to accept the course of a ferry on a regular run as part of Risk Assessment
* Saying at Photo 1 it was a give-way situation when it was close to usual turning point & ferry already turned up
* Not accepting that a safe crossing astern Stb/Stbd was entirely appropriate
* Not accepting that the ferry had already at photo 3 passed it’s normal turning area & had turned further up
* no taking into account of evidential facts outside of the 3 photos – eg prior to photo 1 up to Sth Motuihe
* Using P 9 Coastguard to illustrate the crossing situation which was quite different.
* No acceptance that the Ferry should’ve sounded horn at 1st Photo at least instead of taking photo
* No acknowledging that Seaway’s horn was deficient
* Not admitting Photo 1 was taken close to Browns Is reef & unsuitable area for Cqe to turn Stbd
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess