Both Judges were outside their level of expertise, unable to recognise a foot in mouth of Barry Young
Judge Toogood Reiterates Barry Young’s Erroneous Evidence
This misleading sentiment is gathered from Judge Davis’s Decision …
In response to Mr Joy’s report, Maritime New Zealand filed an affidavit sworn by its expert, Mr Young. The affidavit responded in some detail to Mr Joy’s report. In it, Mr Young said that the majority of the conclusions reached by Mr Joy were based on an assumption that Seaway II changed course by some 11 degrees to starboard and that this was not factually correct. Mr Young’s assessment, using the three photographs taken by Captain Pigneguy, was that the ferry altered course by no more than four degrees and that this was not an appreciable change. He said that there was nothing in the report by Mr Joy that would change his views that a risk of collision existed; that Classique was the give-way vessel; and that the failure to take early and substantial action to keep out of the way of Seaway II amounted to a breach of the Maritime Rules. Mr Young supported the view that a likely collision was avoided only by the actions of the ferry captain in throwing Seaway II into reverse.
Bolton writes in his Submission regarding Barry Young’s evidence …
B Young mislead Davis J by disputing the amount of the ferry’s course change and its effect which caused a reduction of more than 100 mtrs in clearance. That was not only appreciable but the cause of the incident. That B Young continues to maintain a closed view is a reflection on his unprofessional behaviour & dishonesty.
Note in addition to the above submission …
Barry Young’s misleading evidence gave Bolton grounds to make his Appeal with Julian Joy’s Reports in support.
Collision was not avoided by any action of M Pigneguy neither was Seaway thrown into reverse.
Judge Toogood is not competent to distinguish the totally perjurious nature of the evidence Barry Young gave as a Hired Gun employed by Maritime New Zealand.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess