Julian Joy was not available to act as an expert witness during the hearing due to his employment
Judge Toogood Appears Judicially Incompetent To Preside
He writes without regard to Julian Joy’s Affidavit & 2nd Report…
“In all the circumstances, I am not persuaded that Mr Joy’s evidence could not have reasonably been adduced at the hearing.”
Note in addition to the above Decision …
Excerpts from Julian Joy’s Affidavit & 2nd Report both in Judge Toogood’s hands ..
1 – The purpose of this affidavit is to clarify the truth of my availability.
2 – On the one occasion that Mr Bolton asked me for advice in the courtroom, during a lunch break, Mr Davies approached me and prevented me from reading the morning’s court transcript that Mr Bolton was referring to. This was conduct by Crown Counsel not consistent in my view with the suggestion that I was readily available to the Applicant at all material times.”
3 – I state again as further clarification that I was not available to act as an expert witness during the hearing due to my employment. The policy of my employer, the New Zealand Maritime School, regarding staff acting as expert witnesses was that any such action required approval from the Director, Mr Tim Wilson. I considered that with Mr Bolton being without legal counsel, and also subsequently Mr Young (a tutor with contract relationship with the school) acting for Maritime New Zealand, that there would be no chance of my achieving approval to act as a witness for Mr Bolton or as an expert for the court.
4 – I attended the Court hearings for the obvious reasons of professional and educational interest, making my attendance around school commitments. A colleague also attended on most occasions, and also couple of students. I updated and discussed Court events with my colleagues at the Maritime School.
5 – At no time before the hearing had I produced or been paid for a written report for Mr Bolton or the court, only commencing to do so when approved to do so by Judge Davis at the sentencing hearing,
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess