Both Judges were incompetent to decide on Navigationally technical facts or photographic interpretation.
Judge Toogood Endorses The Poor Decision of Judge Davis
Without any understanding the Navigational evidence before him, Judge Toogood blunders along in repetition …
“Against those findings, firmly expressed, (By Judge Davis regarding the Crossing situation etc) I am satisfied that Mr Joy’s evidence would not have been likely to lead the Judge to come to different conclusions. While it may seem to have been an unfair contest on technical matters between an independent expert witness and a defendant giving evidence in his own defence, on matters in which he had expert knowledge and experience, the case was decided ultimately on the assessment of what occurred at the time of the incident; the compelling evidence of the photographs taken by Captain Pigneguy; and the Judge’s assessment of the appellant’s credibility on questions of fact.
Furthermore, the Judge expressed the firm view in the rehearing judgment that Mr Joy’s evidence, provided after the substantive hearing, did not persuade him that the views he reached in his reserved judgment were wrong.”
Bolton writes a Submission Appealing Judge Toogood’s Decision ..
The contest was completely fair on technical matters but ethically untenable. Any person with Nautical experience studying the photos can calculate the degree to which the ferry is causing the incident by turning towards Classique. Detailed workings were provided which incriminate the ferry.
That Judge Davis has been mislead, gives reason to Appeal his decision.
Note in addition to the above submission …
Neither Judge Toogood nor Judge Davis were competent to decide on Navigationally technical facts or photographic interpretation.
They seemed to go by normally to be relied upon evidence of a sworn-in purported “Expert” witness Barry Young. Unfortunately he betrayed his profession & acted as a Hired Gun dishonestly perverting the course of Justice in company with M Pigneguy, Maritime New Zealand & Crown Law.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Both Judge Toogood & Judge Davis were unable to competently preside, in their civic courts, over Navigationally technical matters. Maritime New Zealand deviously & illegally failed to notify TAIC- Transport Accident Investigation Commission.