It is in the interests of Justice to verify the facts of the case as given by the Appellant.
Judge Toogood Fails Intelligence Test. Fresh Sailing, Video
He next discusses credibility and cogency issues
“Having concluded that Mr Joy’s evidence fails the freshness test, I do not strictly need to go on to consider whether, if admitted on the appeal, Mr Joy’s evidence should be regarded as passing through the other two controls of credibility and cogency discussed in Bain. I have had the benefit of submissions from both counsel on those issues, however, so for the sake of completeness I indicate my views.
I do not think it could reasonably be argued that Mr Joy’s evidence is not truthful and his views not sincerely held. He is obviously qualified by reference to his qualifications and experience to hold expert views on the matters at issue and Ms McClintock for the respondent did not suggest otherwise. I do not think, however, that the evidence would have been clearly admissible if an attempt had been made to adduce it at the defended hearing in the District Court.”
Bolton writes a Submission Appealing Judge Toogood’s Decision …
“Therefore although it may fail a freshness test it is in the interests of Justice to verify the facts of the case as given by the Appellant.
It appears that Judge Toogood is at a similar disadvantage to
Judge Davis in being able to discern the validity of the evidence given by the Appellant. It should also be appreciated that Julian Joy’s emphasis on the facts is made robustly.”
Note in addition to the above submission …
1 – The freshness test is irrelevant in these circumstances when no additional evidence from Julian Joy was required.
2 – Neither was it available to be adduced at the District Court.
3 – Julian Joy verifyed Bolton’s evidence was completely accurate
4 – Significantly Julian Joy high-lighted the errors, inaccuracies, misleading statements, perjury & unprofessional behavior of Maritime New Zealand, M Pigneguy & Barry Young.
5 – This was entirely disregarded by both Judges – Davis & Toogood.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Fast Run-around, SCA Sailing video