Judge Davis said how he would only be basing his decision on the evidence presented

After Judge Davis said how he would only be basing his decision on the evidence presented to him during the course of the hearing & not having deliberations with an Admiralty person …
Bolton’s evidence proceeds – “So all I can say is that the ferry on a Regular Run does have a huge bearing on how I looked at that crossing situation & in my assessment it was a crossing without risk of collision”
Judge Davis – “But isn’t the fallacy in your argument in your 1st 4 words “a ferry on a regular run” ? You’re saying that this was not a regular run, it was an irregular run because it didn’t maintain the course that you had otherwise expected it to”
Bolton – “He deviated from his regular run to make it an irregular run in that last half nmile”
Judge Davis – “Well, I don’t know if I’ve heard evidence of that, Mr Bolton. The evidence as I understand it, is that for some considerable point along his 286* course you were expecting him to turn towards Auckland …he was heading towards Nth Shore & you expected him to turn back towards Wynyard Wharf & for some reason which hasn’t been explained, he chose not to ? … So isn’t that the fallacy in your arguement, he was not on a regular run for reasons unbeknown & unexplained to us all, the ferry was doing something other than it would ordinarily have done ?”
Bolton – “And we’ve heard explained that he didn’t want to turn to his port because I might turn to starboard, I didn’t want to turn to my starboard because I expected him to turn to port on his regular run”
Judge Davis – “But isn’t that precisely what rule 22.15 is all about, it says get out of the way ?”
Bolton – “With him being, shall we say, the stand-on vessel as far back as he liked to take it, said he was standing -on, which if he was, this wouldn’t have happened. In the event he wasn’t standing-on but coming towards me incrementally such that it could not be detected & that’s against the rules”
Judge Davis – “But so too was not getting out of the way & that is why I’ve asked you to direct me to the rules & show me the hierarchy, which one is it that I should take note of & why ?”
Bolton – “Rule 22.15 only begins to apply when risk of collision exists.”
Judge Davis – “Well can I discuss that with you briefly, because being the most ill-informed about the rules, doesn’t Rule 22.15 contemplate a situation immediately before there’s a risk of collision, in other words, doesn’t 22.15 say you have to avoid a situation where a risk of collision occurs, not a situation where wait until a risk of collision arises & then take evasive action, isn’t the rule saying you’ve to act well before that risk of collision situation arises ?”
Bolton – “To simplify, I’ll say at no stage on my passage did risk of collision exist & certainly not at Photo 1”
Judge Davis – “Well I have to decide, Mr Bolton, whether there was a risk of collision at photo 1 or photo 2 or may have developed somewhere between photos 2 & 3. but isn’t Rule 22.15 saying if I decide that – hypothetically speaking – if a risk of collision had risen by photo 2, doesn’t the Rule say you had to have taken evasive action before the situation in photo 2 even arose ?”
Bolton – “No, because at that point there was still the expectaion that the ferry was going to go to Auckland”
Judge Davis – “But we’ve just established it wasn’t on its regular run, it was doing something unexpected, irregular, out of the ordinary & what I’m saying is , isn’t the real nub of Rule 22.15 saying the onus was on you to have taken evasive action before the point where the risk of collision arose ?”
Bolton – “There was no risk of collision before the point at which the ferry should’ve gone to Auckland. At that point it was still being assessed by me as no risk of collision because he could still carry on the course he was & still pass me astern”
Judge Davis – “But how do you know the ferry was actually going to Wynyard Wharf, how do you know that it wasn’t going up to my neck of the woods in the Bay of Islands ?”
Bolton – “It doesn’t really matter where he was going because at that point & the point before that he was still not entitled to turn towards me at all, he was meant to be on 286* & the fact that he was coming up was not his entitlement”
Judge Davis – “Can you just clarify what you mean by coming up ?”

Judge Davis had been mislead to believe that this was the situation between Classique & the ferry –
with Classique being a Give-way vessel obliged to keep out of the way of the ferry.2014-01-17_1106

This was how the approach would’ve been if the ferry had kept a straight course.
In the time the ferry took to cover the 1/2 nmile seen in photo 1,
Classique would’ve covered 1/4 nmile & been well clear on the ferry’s starboard side.
2014-02-11_2136

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