If Seaway had kept it’s course & speed, there would’ve been no crossing with risk of collision
Judge Toogood Rubber Stamps Judge Davis Refusing Rehearing
He copies from Judge Davis’s poorly judged Decision …
“Judge Davis recorded that the appellant’s primary defence had been that a crossing situation did not exist at the time of the incident.
He (Judge Davis) said he was satisfied on the basis of the three photographs taken by Captain Pigneguy that a crossing situation existed and that the onus was on the appellant to keep out of the way in accordance with the Maritime Rules.
He held there was nothing in Mr Joy’s evidence that would lead him to alter that view and, in the circumstances, a rehearing should not be granted.”
Bolton writes a Submission Appealing this distorted Judicial thinking
“Judge Davis was also mislead by Barry Young as to the method used to determine from the 3 photos that the ferry had violated its Maritime responsibility to keep its course & speed – turning away from Classique at Browns Island according to Seaway’s Regular Run.
Judge Davis therefore wrongly deprived the Appellant of a justified rehearing.”
Note in addition to the above Submission …
Judge Davis did not understand the difference between a “crossing” and a “crossing with risk of collision.”
Barry Young deviously allowed Judge Davis to believe that both situations were governed by Maritime Collision Regulations – Rule 22.15 … “When two power driven vessels are crossing so as to involve risk of collision, the vessel which has the other on its own starboard side must keep out of the way…”
Judge Davis, in his admitted ignorance of nautical matters, did not know that by far the majority of crossings have no risk of collision.
This was the situation as Classique began crossing from North Browns Island to SW Motuihe as Seaway, about 2.5 nautical miles away at Sth Motuihe, turned in Classique’s direction.
It was Seaway’s incremental continued turning towards the path of Classique which gradually increased the risk of collision in violation of its obligation to keep its course & speed.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
If Seaway had kept it’s course & speed, there would’ve been no crossing with risk of collision –
whether or not Seaway turned on its Regular Run at Browns Island enroute Auckland.