There was no valid reason for Barry Young to dispute the authenticity of Bolton's plotting
Judge Davis Badly Mislead By Barry Young. Americas Cup Video
Correction of Paragraph 31 from Judge Davis’s decision
In Bolton’s preparation for Appeal …
“Mr Young’s evidence Page 7, para32, line 5, that he used a known angle between Sky Tower & the western end of Rangitoto to estimate a 2.4 deg drift to starboard by the ferry is misleading to the Court for 4 reasons –
There is no known angle & neither can that 2.4deg be verified.
It doesn’t take into account the 6 deg turning up from 286T prior to the 1st photo – that is to be included in addition to 2.4 deg to total 8.4 if not my calculated 11 deg.
Drift is incorrect terminology for the course changing of the ferry – drift is a sideways movement parallel to an original course, not applicable in the absence of tide or appreciable wind but Mr Young believed it to be a flat bottomed vessel whereas Capt Pigneyguy informs the Court it is a catamaran hull which is even less likely to drift sideways traveling at 15.5 kts in calm water.
Mr Young’s excusing of the ferry from not keeping its course because of its compass reading problems is also invalid as M Pigneyguy in his evidence was using the conspicuous building on Nth Shore as his mark to determine 286T.
Consequently there was no valid reason for Barry Young to dispute the authenticity of my plotting. A fixed point was marked on the chart supplied by the ferry, South of Motuihe, at which Seaway started its course of 286T, from which every subsequent position & heading transposed to a chart, could be precisely deduced from the photos supplied, including the bearing of Sky Tower intersecting a transit from Nth Shore regardless of whether Browns Island or its light was visible in Photo #1.”
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess
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