Two Judges refused acknowledging Julian Joy,had revealed crucial deficiency in the prosecution evidence
Judge Toogood Repeats Judge Davis’s Poor Concepts
“In a further reserved judgment, Judge Davis dismissed the rehearing application. He noted that the overriding concern for the Court was whether the failure to grant a rehearing would result in a miscarriage of justice. He decided it would not because the evidence in Mr Joy’s report did not raise any materially new issue. The Judge considered that the evidence was an invitation to him to revisit his conclusion that a crossing situation existed because the facts upon which he had made that finding could, on the basis of Mr Joy’s analysis, be interpreted in an entirely different fashion.”
Bolton writes a Submission Appealing such distorted Judicial thinking ..
‘Although Julian Joy’s Report did not raise any materially new issue, it verified the Appellant’s evidence & pointed out clearly the errors in the Prosecution’s evidence. Judge Davis was not in a position to know the extent to which he had been mislead & consequently did not revisit his conclusion in an entirely different fashion.”
Note in addition to the above Submission …
It appears that Judge Davis was unprepared and certainly unwilling to reconsider his erroneous decision. He was in complete ignorance of the Navigational subject he was asked to decide on. It would be perhaps unprecedented for him to have an otherwise respected institution such as Maritime New Zealand & its witnesses deliberately set out to deceive & mislead him as to the true facts of the situation.
Judge Davis consulted no independent Navigational text or authority & on his own, he had no way of understanding the informative content of Julian Joy’s Reports.
Judge Davis & Judge Toogood both refused acknowledging that Julian Joy, an expert with superior qualifications to Barry Young, had revealed crucial deficiency in the prosecution evidence.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess