It's an indication of the extent to which the Prosecution went to pervert the function of the Court
Judge Toogood Decides Against The Interest Of Justice
Decision on preliminary point
On the basis of my determination that the proposed evidence is not fresh, the application to adduce further evidence at the hearing of the appeal is declined.
Nothing in this judgment is intended to impinge upon the consideration of whether there are grounds, other than those which might have been provided by Mr Joy’s evidence, to set aside the conviction.
Bolton writes a Submission Appealing Judge Toogood’s Decision ..
That Judge Davis has been mislead gives reason to Appeal his decision.
For Judge Toogood to decline the Report on the basis of freshness when it is essential to establish the facts of the case, is not in the interest of Justice and is an indication of the extent to which the Prosecution is going to pervert the function of the Court so that an improper Judgement stands to the detriment of the Appellant.
By way of comparison, the next year a motoring yacht (Anteaus) rammed & sank a valuable Classic sailing yacht (Gypsy), injuring and almost drowning a lady crew near the downtown ferry wharf in broad daylight on an easy day. Maritime New Zealand didn’t investigate, although a passing launch a few days later, got fouled up on the submerged mast which hadn’t been cleared away. The Harbour master fined the yacht at fault $200 with no prosecution.
Classique caused no contact, damage or injury & was not at fault but was wrongfully prosecuted & fined as a deterrent over $5000. This prosecution with criminal conviction is at variance with Navigational Principles and Maritime Rules – it is giving erroneous direction to the wider boating community. TAIC has been deprived of its role in taking from an incident any lesson which can be learned for public safety
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
Motoring yacht Anteaus, completely at fault for the ramming & sinking of sailing yacht Gypsy, with severe damage & injury, was not investigated or prosecuted by Maritime New Zealand – simply fined by the Harbourmaster a paltry $200